The "work hard, play hard" attitude of many firms, with "constant trips" to strip clubs such as The Spearmint Rhino, rugby matches and drinking sessions, has deterred some from being open about their sexuality, it finds.

Gay lawyers accept that there is a less hostile environment both in the law and outside it than there was a decade ago, but many still prefer to adopt a "mask" for fear of jeopardising their career prospects, particularly in the early years.

The findings emerged in the first study gay and lesbian solicitors by the Law Society of England and Wales, the professional body for nearly 100,000 solicitors.

The qualititative survey, based on in depth interviews, said that the numbers of gay solicitors or the extent of discrimination against them cannot be estimated because of their need to "cloak their sexual orientation so well", at least until established in their careers.

Discrimination was subtle rather than overt, the study claimed, although for some "there remained a strong belief that discrimination was rife, perhaps less so in smaller practices or the employed sector, but certainly in some City firms."

Even if not overt, the lawyers questioned admitted "feeling restricted by perceptions and expectations of discrimination".

They did not hold out any hope that the law would help them if they did suffer discrimination, despite new regulations outlawing discrimination on the basis of sexual orientation that came into force in 2003. They were more likely to look for another job than bring legal action against their employers, taking the view that to do so would make them unemployable afterwards.

Older solicitors, however, recalling the days when it was illegal to be gay, felt the climate had improved, not least with the advent of television programmes such as Little Britain or Will & Grace. They were generally more confident about their sexuality than the younger generation.

Fiona Woolf, president of the Law Society, said: "These findings highlight the concerns of gay and lesbian solicitors.

"This report should alert firms of the need to review their policies to tackle discrimination based on sexual orientation and ensure a climate of acceptance and inclusivity. The Law Society strives to be at the forefront of embracing equality and diversity and to provide support to address the needs of its members."

Even though the Law Society added sexual orientation to its code of practice more than ten years ago, the report says a series of measures is needed to tackle discrimination on grounds of sexual orientation within law firms. These include monitoring practices to collect data on solicitors’ experiences, ensuring firms adopt appropriate equal opportunity policies and that they recognise same-sex partnerships as they do heterosexual ones.

It also calls for the establishment of a confidential help line, hosting a stall at the Gay Pride parade and staging conferences and meetings.

KEITH ETHERINGTON

It took Keith Etherington, 35, ten years before he was prepared to admit to being gay — and that was only because a colleague was handling his conveyancing.

"As I was buying a house with my boyfriend, it was a bit of a give-away," he recalls. "But I was terrified of saying anything."

Since then, he has encountered no problems at the small High Street firm in Oldham, Lancashire where he is a personal injuries lawyer.

"I already felt comfortable with the firm by then because I had been there quite a while. But at the beginning I can remember going to lunch with some guys and one of them saying he no longer watched One Foot in the Grave because Richard Wilson was gay."

But attitudes vary from firm to firm, Mr Etherington, a member of the Lesbian and Gay Lawyers Association said. He agreed that a macho culture prevails at the big corporate law firms.

"Teams of lawyers, whole departments, are expected to socialise together and I know gay lawyers who say it’s very difficult to be open. Little things can make up the fabric of a culture and be quite upsetting."

EMILY CLARKE

Emily Clarke has never encountered any problems at her commercial law firm based in Manchester and Liverpool- but then she was a latecomer to law and was already "out".

Now 31, she joined DWF Solicitors, where she does commercial property, just four years ago and has always been open about her relationship with her partner, Melissa, who attends work events.

"People here are fine about it and ask about my other half as they would a wife," she says. But despite her own positive experiences she says: "I think it may be age-related; that the older you are, then the less vulnerable — and able to be more open."

"I didn’t come through the door and announce it - but then I did not hide it either."

But she agrees that in the big corporate firms there is more of a masculine culture that can inhibit gay men in particular.

"I know one gay lawyer who is as camp as anything — I have certainly identified him as gay. But he’s not ‘out’."

She also knows of only a couple of gay lawyers in her own large firm with several hundred employees. So either they are hiding it, or the law is a "very non-gay profession".

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