A former lawyer says police and WorkSafe should be more involved when complaints of sexual harassment and misconduct are made in law firms.
Sexual harassment is still a significant problem at law firms. Photo: 123RF
Olivia Wensley, who has publicly raised concerns about problems within the legal profession, told Morning Report the Law Society was either not willing or able to look at complaints of sexual harassment, or bring laws firm to book for failing to protect employees.
Her comments follow a former Russell McVeagh partner being found guilty of sexual misconduct by the legal profession's disciplinary body.
The tribunal found James Desmond Gardner-Hopkins' actions in 2015 met the threshold of being disgraceful or dishonourable.
Five incidents at two Christmas parties in 2015 involved drunken behaviour with junior staff members, while the sixth charge related to his behaviour at another firm function held at his home.
A former Russell McVeagh partner has been found guilty of sexual misconduct by the legal profession's disciplinary body.
The tribunal has found James Desmond Gardner-Hopkins's actions in 2015 met the threshold of being disgraceful or dishonourable.
Five incidents at two Christmas parties in 2015 involved drunken behaviour with junior staff members, while the sixth charge related to his behaviour at another firm function held at his home.
Wensley said the way the Law Society was structured presented a conflict of interest when dealing with complaints.
James Desmond Gardner-Hopkins. Photo: Facebook / James Gardner-Hopkins
"The Law Society has been established for 150 years and in this whole time it's only held two men accountable for sexual harassment.
"There's clear conflict of interest here. The Law Society receives millions of dollars in practising certificate fees from firms like Russell McVeagh and at the same time it's expected to punish these firms where required.
"It just doesn't work - regulatory and administrative functions need to be separate like other countries. Currently the fox is hunting the hen house where there is no incentive to investigate what is essentially its own client.
"I think it's unacceptable that it's taken so long for these victims to see justice. It's taken five-and-a-half years since this incident happened and it's taken the Law Society three-and-a-half years since the complaint was lodged to hold this man to account. It's appalling."
She said the issue should also one for police and WorkSafe to look into.
"What is disappointing is the law firm Russell McVeagh has faced no consequences. So in other countries like Australia and in the United Kingdom, law firms can be charged for failure to protect their vulnerable staff."
The significant finding by the Law Society against the lawyer may not signal the end to his career, she said.
"To be honest I'm not hopeful for it. It's taken so long, half a decade and he's been practising law the whole time, putting countless others at potential risk," she said.
There had been some signs of the systemic change required to address a culture of harassment within the profession taking place, but the problem remained, Wensley said.
"It's still bad - 30 percent of lawyers experience sexual harassment. So, it's endemic, it's everywhere. This isn't just a Russell McVeagh problem, it's literally throughout the whole country. What has come out of the this decision is only the tip of the iceberg and there's just no consequences.
The former lawyer said these figures were reflected her own experiences of harassment.
"After I spoke out about my own experiences in the legal profession I was approached by probably 1000 woman and men telling me about incidents that had happened in their firm."
A significant fine or similar deterrent needed to be used when law firms failed to properly notify over serious incidents as required under revised rules being introduced under new legislation, Wensley said.
