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Law Society says system 'should be improved' following Russell McVeagh allegations

Thursday, 1 March 2018

NZ Law Society president Kathryn Beck responds with 'we can do better' after the Russell McVeagh allegations.

The New Zealand Law Society admits 'there is room for improvement' as it launches a range of measures in the wake of sexual misconduct allegations.

But the measures - which include a working group, webinars, and a survey - would all be about stopping a culture where future misconduct does not happen, rather than addressing the currently-swirling claims.

Law Society President Kathryn Beck was unable to comment on what was happening with current allegations.

New Zealand Law Society president Kathryn Beck.
New Zealand Law Society president Kathryn Beck.

She said a working group would be set up - with external input - to look at the 'broader systemic issues' in the profession and how it could be changed.

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'I think, what is very clear, is the current system can and should be improved … there is room for improvement here.'

There was no place for sexual harassment in the law profession, she said.

'It must stop. The Law Society is determined to do all it can to tackle a complex issue in an innovative and practical manner.'

Asked if it was all talk and no action, she said, 'people are going to see a lot of action'.

On Thursday she announced the start of an online portal and dedicated helpline for workplace harassment, a webinar on harassment available to all lawyers, and meetings with groups such as women and young lawyers to look at the issues and what could be done.

There would be a survey of all lawyers looking at the current legal workplace environment and the Society would work to recruit members well-placed to provide support and advice on sensitive matters, she said.

The announcement comes after former lawyer Olivia Wensley called on the society to urgently address the culture of sexual harassment in the industry, instead of 'paying lip service to the problem'.

Wensley said today's announcement was 'underwhelming'.

Educational measures such as a free webinar on harassment would be pointless as offenders would not be interested in attending.

Talking to women lawyers was good 'but to date the Law Society has ignored our suggestions and failed to respond'.

'It shows it is something they are not taking seriously.'

A national survey of all lawyers would need to be confidential, otherwise there would be no disclosure, she said.

The 'number one priority' should be an anonymous, easy way for young women to report offending without having to face negative consequences.

Wensley called for a zero tolerance policy on failure to report misconduct to NZLS, which was a statutory obligation.

'There is no point is having a statutory obligation if there is failure to report it. If there are serious consequences, it will solve the problem very quickly.

'The Law Society needs to give the legislation some teeth. There is obviously a large problem with lawyers failing to report instances.'

It was revealed in February that interns in a Russell McVeagh clerk programme in Wellington during the 2015-16 summer complained of sexual harassment.

Victoria University of Wellington vice-chancellor professor Grant Guilford confirmed that in October 2016 the university received complaints about the behaviour of staff at law firm Russell McVeagh during the 2015-16 summer. 

A statement from Russell McVeagh's board said the company was getting an external review in relation to the incidents.

'What happened in the summer of 2015-16 was completely unacceptable,' the statement said.

'Our intention is that the review will be led by a senior, independent, and well-regarded leader with recognised skills in culture, diversity, and inclusion.'

Meanwhile all six law schools issued statements saying they had cut ties with the firm as it conducts an independent review into the sexual misconduct and its culture.

Otago, Canterbury, Waikato, AUT and Victoria universities had rejected any recruitment branding or Russell McVeagh-related events on campus.

Auckland University later said it had put its relationship with the firm on hold for the rest of the year, including marketing and funding. 

Apart from AUT - which had no funding arrangements with the firm - the majority of universities had gone further stating they were willing to reimburse the New Zealand Law Students' Association (NZLSA) if it decided to cut all sponsorship ties with the firm.

Victoria University Vice-Chancellor Professor Grant Guilford confirmed the university had been in discussions with NZLSA about covering any incurred costs.

'Victoria awaits the outcome of the external review of Russell McVeagh and the firm's response to the review before deciding whether to resume activities with the firm,' he said.

It is understood other legal groups are reviewing sponsorship with the firm.

* In her #metoonz project, broadcaster Alison Mau will act as the first point of contact for people in New Zealand who want to have a voice, but don't know where to go. She can be reached on her Facebook and Twitter accounts, via email at alison.mau@stuff.co.nz or on a private phone number -– 027 839 4417. Making contact is completely confidential.