James Gardner-Hopkins. Photo: Facebook / James Gardner-Hopkins
- The Law Society will consider James Gardner Hopkins' re-application to practise law after he was suspended for three years for charges of inappropriate behaviour
- Gardner-Hopkins faced six charges relating to drunken behaviour and inappropriate touching of junior staff members which occurred during his time as a partner at law firm Russell McVeagh in 2015
- A Wellington Lawyer says there was an "extreme power dynamic" involved in the behaviour that led to the charges
- The Aotearoa Legal Workers Union says the Law Society should apply "rigourous standards" when considering Gardner-Hopkins' application.
The Law Society will need "compelling evidence" of reform and atonement to allow a former partner of Russell McVeagh to resume practising law after he was suspended for inappropriate behaviour, a Wellington lawyer says.
James Gardner-Hopkins, who was found guilty of six charges of misconduct by the Lawyers and Conveyancers Disciplinary Tribunal in 2022, is having his reapplication for practising certificate considered by the Law Society this month.
Five of the charges related to drunken behaviour and inappropriate touching of summer interns at a Christmas party in 2015, while the sixth charge related to his behaviour at another firm function held at his home.
At the time, the Tribunal found Gardner-Hopkins' actions were "disgraceful and dishonourable".
Gardner-Hopkins appealed an initial two year suspension. The Law Society's standards committee also appealed arguing that Gardner-Hopkins should have been struck off.
In deciding on the appeals, the Disciplinary Tribunal extended Gardner-Hopkins' suspension to three years.
On March 13, the Law Society issued a public notification requesting submissions on Gardner-Hopkins' reapplication to practise law.
Application 'a dilemma for the Law Society' - Wellington Lawyer
Wellington lawyer Tess Upperton said the re-application creates a dilemma for the Law Society.
"It's a very unfortunate situation that the Law Society has created by not striking him off in the first place.
"Now we're three years down the track and they have to face this question of whether a person who has committed these acts can now be considered a fit and proper person and - without very compelling evidence to show that there has been reform and genuine attempts to make amends - it's going to be very difficult to answer that question," she said.
Upperton said there was an "extreme power dynamic" involved in the behaviour that lead to the charges.
"The degree of control that someone has in that context - where you're pretty much untouchable - that's how you get this level of extreme behaviour. It had never been censured before, it had never been viewed as abnormal even," Upperton said.
In 2022, the Law Society acknowledged the drawn out nature of the disciplinary process and the effect it had on the woman involved.
It said changes had been made to make their processes more suitable for sensitive complaints, while legislative changes were needed to ensure the complaints system could be swifter, more victim focussed and transparent.
Charges indicative of 'deeply entrenched' problems in the legal profession - Legal Workers Union
Aotearoa Legal Workers Union co-president Irenë McGlone said they urged the Law Society to set a "high bar" when considering Gardner-Hopkins' application.
"The Law Society Standards Committee said at the time he should be struck off. It's unfortunate and wrong that he wasn't.
"They would have to be exceptional circumstances - the Law Society was sure of - for him to prove he was now fit and proper," McGlone said.
McGlone said lawyers were regularly struck off for offences such as misappropriating client funds or property.
"Regulators of the legal profession have not treated misconduct claims like this with as much seriousness. This is as serious as touching client funds - for example - and the appropriate penalty is being struck off," McGlone said.
McGlone said Gardner-Hopkins' case was indicative of "deeply entrenched problems" that still existed in the legal profession.
"Poor working conditions, vulnerability of junior legal workers created by significant power imbalances. While I think firms are becoming more aware of these problems, I wouldn't say that these problems have been fixed and legal workers should still be concerned," McGlone said.
James Gardner-Hopkins has been approached for comment.
