5 Jun 2020

Law firms to report back on harrassment complaints under proposed changes

4:41 pm on 5 June 2020

The public will get to have a say on proposed changes to the lawyers' code of conduct aimed at combating bullying and sexual harassment in the legal community.

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The Law Society is inviting public input on a plan to clearly define discrimination and harassment, prevent victimisation, and ensure lawyers at the subject of a formal complaint cannot avoid scrutiny.

Some say the changes have been appallingly slow and should have been done years ago, while others are pleased to see progress.

Under proposed new conduct rules, law firms would have to report each year on how they are dealing with issues and complaints.

The proposed changes also mean law firms must tell the Law Society about any employee who has received a written warning or been dismissed because of any type of harassment, violence or discrimination.

Law Society president Tiana Epati is hopeful the changes - and the fact the public can have their say on what they look like - will give people more faith in the system.

"The issues around unacceptable conduct are clearly a significant issue for our profession and we need changes in order to strengthen our ability to deal with it.

"In order for these to be effective we have to understand all the ins and outs of it from all perspectives. We ultimately want to effect culture change in the profession. Part of that process is engaging everybody in a serious discussion on where the ultimate lines are. It all needs to be up front and open."

The plan comes more than two years after allegations emerged of sexual harassment and assault at prominent law firm Russell McVeagh.

One former lawyer said change should have happened back then.

Olivia Wensley left the profession because of harassment.

She said the review was well and truly overdue.

"I'm actually shocked that they're doing something because it's just been so so long now and it's appalling how slow they have been to address something so serious.

"This should have been done two years ago. The horse has well and truly bolted. It's something, but there was a whole cultural shift and they should have had the momentum and been on the right side of that."

Wensley, now chief executive at Startup Queenstown, said she would never return to law.

"It's a disgusting culture, I experienced it over and over again in multiple places, it's systemic."

The Russell McVeagh allegations led to the law society ordering a working group, led by Dame Silvia Cartwright, to look at the processes for reporting and taking action on bad behaviour

Epati said the proposed changes would mean recommendations in that report were part of the law. She said hold-ups at the legal end were part of the reason the plan had taken so long.

"It's not a fast process for us, but I'm really confident that we've done everything we could to put into effect the proposals that the Cartwright Report gave us in December of 2018.

"Everything has had to change and we are trying to get the statutory framework to catch up with where we are today."

Rules against victimisation a huge step - lawyer

The changes state a lawyer must not victimise anyone who lays a complaint in good faith.

Steph Dyhrberg from the Wellington Women Lawyers' Association said this alone was a huge step forward.

"That is very significant because I am well aware of people who have made complaints in good faith and then suffered detriment in their employment or their professional career.

"And that power imbalance is really important - that there's some rebalancing there that you're protected if you make a complaint.

Lawyer Ana Lenard co-authored a report earlier this year with a blueprint on how to address harassment and bullying in the profession, and she feels the Law Society has listened.

"I think this is a really important step to send that message and clarify explicitly for existing lawyers and for new lawyers and for the public what standards of conduct we expect.

"Overall I'm really impressed and really heartened by the shift in the language that is hopefully going to be confirmed in those rules."

The consultation process closes on 3 July 3. Submissions can be made here.