Law Society shake-up after report sparked by Russell McVeagh scandal

Monday, 17 December 2018

A new body to hear complaints against lawyers could be created, following the release of a long-awaited report sparked by the Russell McVeagh scandal.

The Report of the Law Society Working Group, released on Monday has suggested a raft of changes including better protection for those who speak out.

Wellington Women Lawyers' Association convenor and Wellingtonian of the year Steph Dyhrberg gave the report a B+ and said it tackled some of the big issues facing the profession.

Key to that was 'making it really, really clear about what is not okay' in terms of sexual misconduct, bullying, and other inappropriate behaviour, she said. The current rules were not fit for purpose, she said.

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The way complaints were received also looked set for an overhaul with the possibility of a new body to take initial complaints. There was also the likelihood of a specialised, trained team to deal with sensitive claims.

And when there were hearings for sensitive claims, more thought should go into protecting complainants, the report suggested. This included the potential for screens or video links so they would not have to directly face those they were accusing.

The Wellington Women Lawyers' Association strongly advocated for rigid checks that lawyers were fit and proper people becoming an annual event. 

Dyhrberg said the current system meant as lawyers went through a rigorous check to see they were fit and proper when they were admitted to the bar, but subsequent years were little more than a box-ticking exercise.

There were cases of lawyers under investigation being able to renew their practicing certificate.

She had only had time for a quick read of the full report on Monday but said it appeared those annual checks would be more-rigorous. She hoped the changes would mean those under investigation could be suspended or at least have some constrictions put on their work.

But former lawyer Olivia Wensley, a vocal proponent for change in the profession, said NZLS's response to sexual harassment had been abysmal so far - shown by not a single lawyer being disbarred or censured for the Russell McVeagh scandal.

She had little hope that the report would result in any real legal change. What was needed was a Government-led regulatory overhaul, she said.

The report was sparked following revelations of five young women who were allegedly the victims of sexual harassment while clerking at law firm Russell McVeagh in the summer of 2015 to 2016.

While one of those clerks asked the Law Society (NZLS) for support, Russell McVeagh did not notify the NZLS of the allegations. And while the two accused - a partner and solicitor - stopped working there, they continued to work as lawyers.

Law Society President Kathryn Beck said some of the report's recommendations were complex and far-reaching.

'The Law Society will now develop a programme to determine how they can be put into effect. Some of the recommendations are currently outside the mandate of the Law Society and require legislative change.

'The Law Society will work in consultation with the government, the profession and other organisations to achieve the appropriate outcome.

'We have already advised the Minister, Andrew Little, of the report's recommendations and will seek a meeting in the New Year to hear his views and to discuss how we can implement the required rules changes,' she said.

'As indicated in the working group's report, and as with all legislative change, it will be important to take care to ensure there are no unintended consequences.

'A consultative and collaborative approach is needed, and this is essential to ensure we achieve our objective of healthy, safe, respectful and inclusive legal workplaces.'

The working group was headed up by Dame Silvia Cartwright. Also on it were Jane Drumm from anti-violence group Shine, Professor Elisabeth McDonald from Canterbury University, and barrister  Philip Hamlin.