Widespread harassment, bullying and racism identified within the law profession

Wednesday, 30 May 2018

The legal profession in New Zealand is facing a 'cultural crisis' after a survey uncovered wide-ranging and ongoing sexual harassment, racism and bullying.

Commissioned by the New Zealand Law Society, the survey follows allegations of sexual abuse and harassment aired by some female lawyers earlier this year.

The Law Society said 13,662 lawyers were invited to take part in the confidential survey managed by Colmar Brunton, with 3516 responding.

Out of that total, the survey found widespread harassment throughout the profession, with 33 per cent of female lawyers experiencing crude or offensive behaviour that made them feel offended.

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New Zealand Law Society President Kathryn Beck called the findings a 'cultural crisis'. 

'When nearly one third of female lawyers have been sexually harassed during their working life, when more than half of lawyers have been bullied at some time in their working life, when nearly 30 per cent of lawyers feel major changes are needed to the culture of their workplace, and when 40 per cent of lawyers under 30 believe major changes are needed to their workplace culture, we must call a spade a spade - there is a cultural crisis in the New Zealand legal profession,' she said. 

Nearly one in five lawyers - 18 per cent of those surveyed - reported having been sexually harassed in a legal environment at some time in their working life. 

Beck thanked those lawyers who had spoken out about harassment. 'It was completely unacceptable that they went through that.

'It was deeply shameful to read the results.

'This is about the legal profession. New Zealanders expect our profession to operate to the highest standards of integrity with a commitment to fairness, equity and justice,' Beck said.

'This survey makes it crystal clear that we are not meeting that expectation, we are failing to keep our own people safe and we cannot stand for this.' 

The results were 'deeply saddening' for all lawyers. 

'The process of cultural change has started. Every practising lawyer has a responsibility for driving this change through their own behaviour and what they are prepared to tolerate from others.'

Beck said she was disappointed that 'this research is a surprise to us'.

'I'm disappointed we heard about so much through the media. I'm disappointed that, for whatever reason, people chose not to report their experiences to us. I'm disappointed that for so many people, the law has not been a safe profession.'

She said people were silent because they feared for their careers and didn't think anything would change.

'I don't think we are complicit, but I accept that we haven't done enough. Those who are complicit are those who've sexually abused and bullied.

'We need to make sure that they have a safe place to come and they believe there will be action,' Beck said. 

She said she would not discourage her daughter from entering the profession, but was 'committed to making the future a safe place for women in the workplace'.

The Law Society was calling for representatives from across its profession to put themselves forward for a new task force to drive culture and systems change across the profession and to eliminate bullying and sexual harassment, Beck said. 

The regulatory working group that the Law Society has already established, chaired by Dame Silvia Cartwright, is further examining many of these matters and potential changes to regulatory systems that guide the legal profession.

'We will be similarly transparent and up-front in how we share the findings of this important piece of work,' she said.

WHAT THE SURVEY FOUND 

The survey found most victims of harassment were employee lawyers in a law firm. According to the data, the harasser was most likely to be the target's manager, supervisor, partner or director.

Women were more likely than men to be harassed by someone in a more senior position. 

Six per cent of lawyers who had been sexually harassed described the harassment as an actual or attempted rape or assault.

The survey found the reported nature of sexual harassment varied. 

While non-physical forms of sexual harassment were most common, two thirds of lawyers who had experienced sexual harassment said it included some form of unwanted physical contact.

Over half of all lawyers surveyed said they had suffered some form of bullying in their career, with 21 per cent of lawyers experiencing bullying in the last six months.

Just over half of those who described being subjected to sexual harassment said it had been a one-off occasion.   

Both sexual harassment and bullying behaviours were more common among lawyers working in criminal law, the survey said. 

Bullying was more common in family law. 

The survey concluded that ethnicity played a role in bullying, with Māori, Pacific and Asian lawyers reporting higher levels of abuse.

Around a quarter of Pacific targets of bullying, and a third of Asian targets of bullying, perceived the bullying to be motivated by race and culture.

The survey found that men had also been subject to sexual harassment. In the last five years, 14 per cent of men experienced one of the 15 sexual harassment behaviours measured.

Nearly half of bullying cases involved women as a perpetrator. 

The survey found the reporting of sexual harassment and bullying behaviours is low within the profession. For both bullying and sexual harassment, less than one in eight reported the harassment or made a complaint.

Likewise, only a third or less sought support or advice. Fear of the consequences, including the impact on career prospects and distrust in the process or reporting outcome, are key barriers to reporting, the survey concluded.

The ongoing effects of the harassment or abuse were also documented in the survey. Twenty eight per cent of people surveyed claimed they had suffered from anxiety as a result of their ordeal, with 10 saying they had suffered from depression. 

Three in 10 lawyers had been shouted at or been the target of spontaneous anger or rage in the last six months. This has occurred frequently for just 4 per cent.