On the wrong side of the law
The lawyer who blew the whistle on appalling sexual harassment in the legal profession has inspired hundreds to share their stories. Now is the time, says Olivia Wensley, for change.
One woman fought off an attempted rape in the workplace; another is on the verge of suicide after a sexually driven incident in a law firm so violent she feared death.
More than one woman told me of being forced to have naked, degrading photos taken in the workplace.
And a common experience, among hundreds from many industries shared with me since I wrote my article on the problems the legal industry faces with sexual harassment, is of law firm partners sliding their hands down tops and groping breasts, or buttocks.
For others the abuse has been verbal, with degrading comments on their physical appearance.
Many young professionals have suffered horrendous abuse, and been forced to stay silent.
I’ve been subject to some extremely unpleasant sexual harassment during my legal career.
But nothing could prepare me for the horrific stories I’ve heard since I went public.
They are extreme, they are heartbreaking. I’m privileged you have trusted me to share — and I believe you.
The past few weeks have felt like emerging from the twilight zone — from a world where it was commonly known sexual harassment is a big problem, yet everyone was too afraid to talk openly about it.
The sands are shifting, and the power imbalance is changing. We’re finally talking about law’s dirty little secret. Except, it’s no longer a secret — it’s a big public problem.
The Justice Minister, Andrew Little has assured me an inquiry will take place if proper action is not taken by the New Zealand Law Society to remedy this systemic problem within the legal industry.
Acknowledgement of the problem is the first step. But, this isn’t just a “law” problem, this is an abuse of power problem. To fix it, there needs to be a cultural change.
I’ve been repeatedly called “brave” — this demonstrates the problem: that there’s something to be afraid of. It shouldn’t be brave to speak the truth.
However, many are fearful of repercussions from speaking out. Many are too afraid to “like” anything on this topic on social media.
I have nothing to be afraid of any more. I now work in the Legal Tech industry, for an amazing female CEO who empowers me. I’m honoured to be the voice of those who feel they must stay silent.
I know we’ve barely scratched the surface. This is our chance as a profession to take a good, hard look in the mirror, and enact real change. Not just window-dressing for PR.
This isn’t a “millennial” issue — this is about multi-generational pain, which has been silenced. It’s endemic.
For too long, many women have felt “gaslighted” (doubting their sanity). Being led to believe this behaviour is normal. The outcry is loud and clear: “Time’s Up”.
Many who contacted me never told anyone. The consistent theme is fear. I’m told over and over, “I fear for my professional reputation”.
The fear is a result of conditioning from a young, impressionable age. It’s a sad irony the legal profession is in the spotlight. Lawyers should be a shining example of ethics. They’re held to a higher standard.
The vast majority are good. It’s unfair to associate them all with the poor behaviour of a few.
I believe the law is particularly prone to sexual harassment, because of the huge power imbalances in the structure.
The profession appears to attract personalities who believe they can act without repercussions. These alpha males seem to treat young women as the “spoils” they deserve for reaching the pinnacle of a notoriously tough profession.
They dehumanise them. It’s about dominance and control.
The public outrage over Russell McVeagh is unsurprising. But this is a problem with the legal profession as a whole — and many other professions, too.
It’s clear many people don’t know what to do next.
Lawyers must declare every year to the New Zealand Law Society they’re a “fit and proper person” and of good character to receive their practising certificate.
When the poor behaviour by some lawyers brings the whole profession into disrepute, it’s their legal peers who should be most angry. We need strong women and men to stand up to this behaviour.
A new movement has been launched under the “Time’s Up” banner: “Expect more from him”.
As men are the primary offenders, they should drive this cultural change. Many lawyers I worked with are appalled by this poor behaviour.
Law is still a man’s world. More than 60 per cent of admissions to the bar are women, but only 27.1 per cent of partners and directors in law firms are women.
Even when women make partnership many feel powerless to enact a cultural change.
In the legal profession, the culture has been slow to change. The result is a general acceptance of misogyny in some less progressive firms.
A former colleague was told during a pay review after many years in practice: “We can’t pay you any more. You know about the glass ceiling, right?”
As most partners in law firms are male, we need them to stand up for, and protect, their employees.
It’s important that women also need to take the blame — some overlook or defend the bad behaviour.
I’ve heard women say, “At least he thinks you’re pretty”, and “That’s just his sense of humour”.
They can be offenders, too — several men and women shared stories of sexual harassment by women.
A couple of women said they have not experienced sexual harassment, and expressed doubt there’s an issue.
They’re lucky. It’s not proof there’s no problem.
Change must start at grassroots level — after the revelations about the University of Otago, it’s important to ensure the right culture is set from the beginning.
In my job I work with modern law firms pushing the boundaries to change the way law is practised.
They create a positive working environment, focusing on wellbeing and work-life balance, resulting in happier employees.
Iask employers to enact a zero tolerance policy towards sexual harassment in the workplace.
Too many companies have a sexual harassment policy, but don’t enforce it. Without real consequences, nothing will change.
This may involve difficult conversations and business decisions, but it’s in the best interests of all companies to promote a culture where employees feel happy and safe.
This crisis in the legal profession has drawn into focus the need to protect young people.
I’ve been contacted by many young women who left the law, or never started their career, because of sexual harassment during work experience.
An AUT study in 2016 found 95 per cent of women respondents agreed there was a trend for women to leave firms or the profession.
If a young professional suddenly leaves an industry, such as law, after years of studying, it shows something is seriously wrong.
Governing bodies should collect data on attrition rates of young women early in their careers — and the reasons they leave.
We all have a duty, in every profession, at every level, to shine a spotlight on this behaviour. It’s clear sexual harassment often accompanies other types of toxic behaviour in the workplace.
Where there’s sexual harassment, sexism is often present, as is bullying, and other forms of harassment.
A good culture and a positive work environment don’t happen by luck — management need to cultivate it.
We must also be careful to not create a different type of fear by going too far the other way.
We don’t want a “PC brigade” where men are afraid of women and can’t develop a friendly relationship in the workplace. Jokes and banter are perfectly acceptable if they come from a place of friendly, mutual affection and respect.
The New Zealand Law Society — and other professional governing bodies — must condemn sexual harassment/ assault as professional misconduct. Legislation must be updated where required. Bullying and other forms of discrimination should be included, too.
Many women have asked whether they can break their non-disclosure agreements in order to complain to the New Zealand Law Society.
The society has added information on this topic on its website, but it is weak. It doesn’t take a strong position to condemn sexual harassment and assault as professional misconduct.
The UK’s Solicitors Regulation Authority said this week that any professional misconduct by a person or firm must be reported to the regulator.
Law firms and solicitors have been warned not to hide professional misconduct by using non-disclosure agreements.
Under 2.8 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 there is a statutory requirement for lawyers to report professional misconduct.
A non-disclosure agreement that requires a signatory to breach their statutory obligation, is clearly unenforceable.
This issue needs to be looked at closely by all professions — it’s a problem wherever there is a traditional power imbalance.
I have created timesup.co.nz as a place to volunteer or seek help for issues with sexual harassment. This will be a central database of practical information for employees and employers.
I will be working with the New Zealand Law Society on ways to address this issue, and prevent such behaviour in the future.
I am also looking at further solutions for gathering data and reporting incidents, using blockchain technology — which I hope will have a powerful impact on curbing undesirable behaviour in the workplace.