Research Uncovers U.K. Law Firms' Past Links to Slavery and Imperialism
UK law firms including Clifford Chance, Freshfields and Farrer & Co have apologised for historic links to the slave trade and British imperialism following research by Law.com International.
June 19, 2020 at 06:11 AM
6 minute read
Some of the U.K.'s oldest and most prestigious law firms—from Freshfields Bruckhaus Deringer and Clifford Chance, to Farrer & Co and Gowling WLG—had ties to slavery and colonialism, research has found.
A Law.com International analysis of the University College London (UCL) database on the legacies of British slave ownership unearthed several deep ties between those working in law and the slave trade as well as other historic exploits that perpetuated racism.
After being contacted about their links, several of these firms apologized for the role their firm played in the dark chapter in history and one removed some content from its website.
Some lawyers at the time profited directly from slavery, and when in 1833 the U.K. government abolished slavery, were awarded compensation as trustees from the compensation act of 1837 for loss of "property" issued to slave-owners.
Freshfields' name founder, James William Freshfield, had strong ties to the Atlantic slave trade, and financially benefited from slavery by acting as a trustee and owner-in-fee for several slave-owners, principally in the West Indies, the database shows.
Trustees had the power and responsibility to ensure the trusts—in this case, estates that included slaves—were of benefit to their clients and continued to generate fees.
Freshfield Senior was not an anomaly at the firm. According to the UCL database, both his sons, James William Freshfield Jr. and Charles Kaye Freshfield, were involved in a number of claims involving slave ownership. His business partner, Charles Kaye, from whom Freshfield's son took his name, owned an estate with slaves in Tobago, while his son-in-law, John Sims, owned a Jamaican plantation.
A spokesperson for Freshfields said in a statement on Friday: "As recent events show so clearly, the systemic injustices from slavery are still with us today."
"We remain committed to playing our own part in addressing them and restate our apology for any of the firm's historic connections with the inhumane institution of slavery, which we deeply regret. While we know we can't change the past, we can learn from it to inform our future."
The firm had previously apologized for its links to slavery in 2009. Freshfields' founders also had strong ties to the Bank of England, many of whose directors played significant roles in the slave trade. On Friday, the bank, too, issued a public apology for its role in the trade.
Other law firms, such as Clifford Chance, rode the wave of the British Empire's imperial expansion. The Magic Circle firm's history stretches back to post-abolition colonialism, with the firm counting diamond magnate Cecil Rhodes as one of its earliest big-name clients.
It was Bouchier Hawksley, a key figure at Coward & Hawksley, Sons & Chance—the forerunner to Coward & Chance and later Clifford Chance—who acted as counsel to Rhodes, helping to formalize the so-called Rudd Concession into Rhodes's British South Africa Company, according to the Oxford Dictionary of National Biography.
This company, much like the East India Company that came before it, became the vehicle for conquest and control of modern-day Zimbabwe, Zambia, and Malawi, as well as for ultimately unsuccessful assaults on Mozambique and Zaïre, according to the biography.
Rhodes' legacy has been a flashpoint of recent Black Lives Matter protests, with Oriel College Oxford recently signaling its support for taking down his statue from its campus.
In a statement on Friday, Clifford Chance's global managing partner, Matthew Layton, said the firm was "deeply sorry" for these associations.
Layton added: "We acknowledge the actions of the past can have far-reaching, damaging consequences for people today. Where any such actions have been part of our firm's history, then we are deeply sorry. Such work is an affront to the values that underpin our firm today."
His statement continued: "Understanding our history, learning from it, challenging our preconceptions and educating ourselves further on questions of race is essential to securing progress. It is also fundamental to building the truly inclusive firm that is at the heart of who we want to be.
"Today we stand committed to making our firm, our industry and the wider world around us a more inclusive, equitable and compassionate place for all."
Anglo-Canadian outfit Gowling WLG also has historic ties to the slave trade, via legacy firm Wragge Lawrence Graham, which traces its roots back to a Brundrett Randall & Co, according to the .
Brundrett's founder, Jonathan Brundrett, acted as a trustee to three Jamaican estates, according to UCL's database. Brundrett is also associated with seven slave-related compensation claims, acting as trustee, totaling over £2 million in today's money.
Gowling WLG declined to comment on its past connections.
Perhaps best known for being legal advisers to several members of the royal family, Farrer & Co's namesake founder, Oliver Farrer, was an awardee as a trustee on seven separate claims for Jamaican estates, totaling approximately £40,000—over £5 million in today's money.
When this was brought to the firm's attention, a spokesperson for Farrer & Co said: "This could not be more removed from the firm's present-day values and culture and we strongly distance ourselves from, and regret the actions of, one of our forefathers."
"Today, without any sense of complacency, the firm is fully committed to diversity and inclusion and actively participates in initiatives such as Aspiring Solicitors, Prime and the Rare Recruitment System, all of which exist to promote fair and equal access to the legal profession."
Other firms with historical ties have similarly distanced themselves from the actions of their predecessors. After it was contacted by Law.com International, London firm Payne Hicks Beach took down its website's history page, which makes references to one of its early founders, Thomas Wildman, who also owned slaves on an estate in Jamaica.
A spokesperson said: "We wish to emphasise that this individual's links to slavery in the 1790s are an anathema to today's partnership."
Another person to have profited from being a trustee of a slave-owning plantation estate was John Druce, the son of Druces founder Charles Druce.
A spokesperson for the firm said: "The firm's long history means that we and our predecessors have witnessed enormous change for the better, both in the law and in society at large. Today, the current partners and staff of Druces remain committed to diversity and inclusion in all that we do."
Commenting on the research and responses, Dr. Wanda Wyporska, executive director at The Equality Trust, said: "Whilst it is good to see organisations examining and reflecting on their founders and the origins of their wealth, it would be even better to see them take active steps to ensure a greater black and Asian presence at all levels of their organisations."
With reporting by Krishnan Nair.
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