Outspoken #metoo lawyer barred from joining Law Society panel on misconduct

Thursday, 3 May 2018

Former lawyer Olivia Wensley says she asked to be put on the Law Society panel, but was refused.

The ground-breaking voice of a woman who put her hand up as a sexual misconduct victim will not be heard on a Law Society panel into the stain on the profession.

Justice Minister Andrew Little encouraged Olivia Wensley to put her name forward for the panel – led by Dame Silvia Cartwright – and she did just that.

NZ Law Society President Kathryn Beck said Wensley would likely be invited to address the panel.

The Law Society has strongly defended its response to the scandals but confirmed it never agreed to put Wensley on the panel.

The regulatory working group is just one of a large raft of measures the Law Society has taken after waves of sexual misconduct allegations washed over the profession.

* Sexual harassment is a legal industry 'norm'

Justice Minister Andrew Little confirmed he encouraged Wensley to put her name forward.

* Meet the robot that can create a harassment policy

* Lawyer was told to bend over by senior barrister**

They began with allegations centred around law firm Russell McVeagh but, after Wensley went public with her tale, it became clear the situation was more widespread.

While the society says it acted on the issue as soon as it became aware of it, Wensley has joined her voice to the chorus of those saying it was too little, too late and the society now needs to step up.

'I'm extremely disappointed with the Law Society in the way they have approached this,' Wensley said.

'It is nothing short of scandalous. They have known about it for decades and done nothing about it.'

Sexual misconduct in law was a thinly-veiled secret in the profession long before the Russell McVeagh allegations broke, but the society only took action when Little warned that if it did not take adequate steps he would order a ministerial inquiry, she said.

Wensley's story, in February, led to an anonymous blog set up by legal researcher Zoe Lawton, which attracted more than 200 tales in a month – many of them of sexual misconduct, but some scathing of the Law Society's handling of the issue.

While the Law Society did not put Wensley's name forward for panel selection, it said she would likely be invited to speak to the panel.

President Kathryn Beck said there was an able victims' rights advocate on the panel.

There was already a gender equality charter long before the allegations broke and next cab of the rank was sexual misconduct and bullying, which had been planned long ago.

As it got feedback on the gender equality issue, it was apparent sexual misconduct within the profession was an issue and it had already started to educate around. The Russell McVeagh-related saga expedited that work, she said.

While the society received some complaints about sexual misconduct between firms, or between lawyers and clients, it had not received any related to in-office issues.

A survey, which closed this week, should establish why, she said.

The Law Society had never been officially told of cases but she was aware of rumours in the law world and understood it was no worse than any other profession.

Little confirmed he suggested Olivia Wensley get involved with the panel, but said it was not a directive.

The option of a ministerial inquiry remained on the table but he was hopeful it would not be necessary.

Canterbury University law school Dean Ursula Cheer said the Law Society had already done an 'impressive' amount of work on the issue.

But long-serving Wellington lawyer Barbara Buckett called on the society to step up, and tackle the issue by the horns.

LAW SOCIETY MEASURES ANNOUNCED IN MARCH

* Establish a working group to look at the 'broader systemic' issues in the profession and how they can be changed.

* Establish an online portal and dedicated helpline for workplace harassment.

* Make a webinar on harassment available to all lawyers.

* Meet with groups, such as women and young lawyers, to look at the issues and what can be done.

* Survey all lawyers, looking at the current legal workplace environment.

* Work to recruit members who are well-placed to provide support and advice on sensitive matters.

* Society president Kathryn Beck to speak with law schools and graduates about training sessions for would-be lawyers and employers.