By: Jay Pinckney
There is no other feeling than the adrenaline of watching your favorite driver battle for a points place or a podium position; listening to the low grumble of a V6 slowing down for a turn, turning into a high-pitched growl as the driver accelerates; and the excitement of the commentary box shouting the name of the winning driver. Similarly, there is a certain feeling running through the average law student’s body when they get cold called by the hardest professor or the adrenaline running through the lawyer’s body, moments before they begin their oral argument. These feelings are comparable and are just one similarity between Formula 1 and the legal industry, however while these feelings are positive, there is a big negative similarity between the two industries. Black people are severely underrepresented in both industries, in Formula 1 there is one Black driver and very few Black people in general throughout the paddock and in the legal system only around 7-8% of law students are Black[1] despite making up around 13% of the United States population[2] and only about 5% of active lawyers identify as Black.[3] These dismal numbers call for solutions on how to improve Black representation, and it could be that the solutions for both industries are the same despite the major differences in the subjects of the industries.
Sir Lewis Hamilton is a seven-time Formula 1 world champion, the all-time leader in wins in Formula 1 and the only driver to reach 100 wins, the driver with the most pole positions, and the driver with the most in podiums in Formula 1.[4] Lewis is also the first and only Black driver in the entirety of Formula 1’s over seventy-year history as the top motorsport championship series.[5] Despite the challenges and tribulations that Lewis has had to go through to get to the pinnacle of motorsport, Lewis’ success has not been the carving of a pathway for more Black drivers to enter into the sport, and the sport is still predominantly white. Lewis became disheartened by the lack of representation in the sport and decided to come up with a solution to the lack of Black representation specifically. In 2019, Lewis founded the “Hamilton Commission” in partnership with the Royal Academy of Engineering; together they conducted ten months of research, literature review, and interviews with motorsport stakeholders on how to improve representation of Black people in the motorsport industry.[6] The result was a 184 page report detailing the results of the research, case studies of the interviews with the stakeholders, and recommendations which could be implemented in the UK motorsport industry that could improve Black representation.[7]
In total, the commission made ten recommendations that are targeted towards improving the representation of Black people in the UK motorsport industry, the recommendations are further divided into three different categories. The first category, support and empowerment, has five total recommendations created to support the progression of black people through engineering careers.[8] The second category, accountability and measurement, has three recommendations designed to create accountability with those in authority through data collection.[9] The final category, inspiration and engagement, has two recommendations designed to visualize what a career in motorsport can involve and how Black students can enter into the sport.[10] Now, the legal profession in the United States is quite different than the billion-dollar UK motorsport industry, but there are some parallels. Both industries have similar systems of employment and schooling, similar recruitment structure for the top jobs in the industry, and the industry can be considered a “professional” industry.
However, some recommendations do not necessarily apply to the United States, for example the third recommendation of the “accountability and measurement” category speaks on expanding access to research and data conducted by the Department of Education (UK);[11] this does not necessarily apply to the United States and the Legal field since the American Bar Association requires diversity disclosures for law schools and publishes reports on these disclosures.[12] Another, such as the first recommendation in the “support and empowerment” category that calls for the expansion of apprenticeships as an alternative method of entry into the sport,[13] cannot be adapted to the US legal industry since there are very few states that allow apprenticeships in lieu law school.[14] Generally, the recommendations can be adapted to United States and the Legal industry since the report tries to address systemic issues while focusing on the UK motorsport industry.
First, the “support and empowerment” section sets a number of recommendations that direct change at the high school (the UK equivalent) and university levels which could be transferred to the United States and the legal industry. For one, recommendations two and five call for the accumulation of funds that one, create a fund to address factors that contribute to Black students being excluded from schools[15] and two, create scholarship programs for Black students that enter into engineering degrees and allied motorsport degrees.[16] These two are easily transitioned to the US and the legal industry, for one funds that address systemic issues that contribute to minority students not graduating high school could be a great method of increasing representation in the legal field since it repairs an essential step required to enter into the legal field, and two a scholarship fund for black students that enter into pre-law programs at university or simply law school scholarships would improve diversity at the law school level and the legal field in general since it takes care of a large barrier, cost. In addition, recommendation three calls for the hiring of more Black teachers in STEM subjects to provide more role models for Black students.[17] Indeed, providing more role models throughout university and law school would provide the necessary model outcome for Black students that would subsequently improve diversity. The final applicable recommendation of this category calls for the implementation of support programmes in post-16 (US high school junior and senior equivalent) that help transition Black students into higher education programs or place Black students into training opportunities within the motorsport industry.[18] Similarly, creating programs for Black students in high school to experience law school classes or classes in the legal field in general could provide inspiration for Black students to enter into the legal field and provide opportunities for Black students to experience legal work firsthand, helping inform and inspire Black students into entering the legal field.
Second, while the first four applicable recommendations are directed towards improving diversity in university programs subsequently improving diversity in the motorsport industry, these next two are directed towards employers of the motorsport industry and the schools themselves in the United Kingdom.[19] The first one, part of the “Accountability and Measurement” category calls on Formula 1 teams to implement a charter to commit the sector to improving diversity and inclusion.[20] In the legal field, should law schools and big law firms commit towards a similar charter improving diversity and inclusion, there should be a significant boost in diversity at all levels. In addition, the second recommendation in this category calls upon UK schools at all levels to implement an anti-racism charter designed to improve race equality within their institutions.[21] Similarly, should schools in the US implement some sort of anti-racism initiative, this would most likely improve diversity at whichever level it is implemented and therefore down the line improve diversity in the legal industry.
Finally, the last two applicable recommendations are within the “inspiration and engagement” category and call for the integration of Black community leaders with organizations and employers to create STEM outreach activities and other support actions that can improve engagement with Black students and foster an inclusive environment.[22] Indeed, law schools and law firms partnering with community organizations in the US to provide legal inspiration activities would increase representation in the legal field. In addition to partnering with black community leaders in activities, the second recommendation of this category calls for additional STEM support for supplementary schools led by Black community leaders that involve hands-on activities that create a love for STEM subjects.[23] While secondary schools are not as common in the United States, this recommendation could be transitioned to Black led community organizations instead, which would provide hands-on activities within the law subject such as basic mock civil trials or negotiation competitions. These engagement activities, much like their STEM counterparts, should foster a love for the law and provide Black students an early opportunity to engage with legal subjects that normally would be unavailable to them.
In total, eight of the ten recommendations made by the commission could be transitioned to both the United States and the legal field as a whole and increase Black representation. “Support and Empowerment” recommendations seek to change how high schools and universities retain and support Black students in their pursuit of entering into the legal field and open opportunities for Black students that would not be there without their implementation.[24] “Accountability and Measurement” recommendations are a check on both employers and schools ensuring that they are implementing diversity and inclusion initiatives throughout their organization in pursuit of more representation.[25] “Inspiration and Engagement” recommendations aim towards fostering a love for the legal system and carving a pathway for Black students to enter into the legal field.[26] Ultimately, if the Hamilton Commission’s recommendations are implemented in the United Kingdom and have some sort of success of increasing Black representation in motorsport, then the legal field should consider transitioning and adopting the recommendations in order to achieve the same outcome.
[1] Law School Enrollment by Race & Ethnicity (2019), Enjuris (Dec. 18, 2018), https://www.enjuris.com/students/law-school-race-2019.html.
[2] Id.
[3] Hassan Kanu, ‘Exclusionary and classist’: Why the legal profession is getting whiter, Reuters (Aug. 10, 2021, 7:49 PM), https://www.reuters.com/legal/legalindustry/exclusionary-classist-why-legal-profession-is-getting-whiter-2021-08-10/.
[4] Lucy Rimmer, Which F1 records does Lewis Hamilton have? Most wins, poles and more, Autosport (Sep. 26, 2021, 10:02 AM), https://www.autosport.com/f1/news/which-f1-records-does-lewis-hamilton-have/6548878/.
[5] Natalie Morris, ‘Lewis Hamilton is still the only Black driver’: The dads fighting racism in Formula 1, Metro.co.uk (Oct. 8, 2020, 8:00 AM), https://metro.co.uk/2020/10/08/lewis-hamilton-is-still-the-only-black-driver-the-dads-fighting-racism-in-formula-1-13378280/.
[6] Rhys Morgan & Yohanes Scarlett, The Hamilton Commission: Accelerating Change: Improving Representation of Black People in UK Motorsport 6-9, (2021) https://www.hamiltoncommission.org/s/THC-Accelerating-Change-July-2021.pdf.
[7] Id. at 14-15.
[8] Id. at 22-23.
[9] Id. at 24.
[10] Id. at 25.
[11] Id. at 24.
[12] American Bar Association, 509 Required Disclosures, https://www.abarequireddisclosures.org/Disclosure509.aspx (last visited Nov. 3, 2021).
[13] Morgan & Scarlett, supra note 6, at 22.
[14] Corey Adwar, How to Become a Lawyer Without a Law Degree, Slate (Aug. 2, 2014), https://slate.com/business/2014/08/states-that-allow-bar-exams-without-law-degrees-require-apprenticeships-instead-of-law-school.html.
[15] Morgan & Scarlett, supra note 6 at 104.
[16] Id. at 150.
[17] Id. at 105.
[18] Id. at 129.
[19] Id. at 24.
[20] Id. at 63.
[21] Id. at 113.
[22] Id. at 85.
[23] Id. at 110.
[24] Id. at 22-23.
[25] Id. at 24.
[26] Id. at 25.
