Barristers could be suspended for ‘crude jokes’ under new rules

BARRISTERS have criticised tough rules on sexual misconduct which they say could result in them being suspended for making “crude jokes”.

The Bar Tribunal and Adjudication Service (BTAS) is recommending that legal professionals who commit sexual misconduct should be suspended for at least 12 months. Currently punishments consist of reprimands and fines of up to £3,000.

Representatives from two of the oldest legal inns, Inner Temple and Gray’s, said that the suspensions would be unwarranted for minor misconduct offences. Responding to the BTAS consultation, they said: “This could include... telling a crude joke, wolf-whistling, sending a message of a sexual nature on social media or consensual sexual activity with a partner in a public place.”

One respondent said that sexual comments that were not grossly offensive should not be considered as sexual misconduct at all, while another called the 12 month starting point for suspension “virtue signalling”.

The guidance, which is due to be implemented at the beginning of next year, was drawn up amid growing concern over bullying and sexual misconduct in the legal profession.

In the past three years, 84 practising barristers have been sanctioned for professional misconduct.

However, “broad support” for the proposed changes meant that BTAS intends to keep the 12 month suspension period for sexual misconduct, as well as discrimination and harassment.

“We recognise these bands cover a wide range of types of conduct, but we cannot agree that what is termed “low level” misconduct in some of the responses should attract lesser sanctions,” it added.

“Sanctions imposed by tribunals can only follow a finding of professional misconduct, which by definition means the proved misconduct was considered to be serious.”