Lawyers as a profession enjoy high social esteem, because clients need to invest a great deal of trust in them and because they generally act the part, modelling as well as counselling restraint, caution and scrupulous behaviour. But behind the public face of law firms all is not well. Dame Margaret Bazley's report into allegations of mistreatment of young women interns at one of New Zealand's largest firms, Russell McVeagh, makes disturbing reading.
She was invited by the firm to inquire into complaints from summer clerks in its Wellington office and consider any other instances of improper conduct brought to her attention. She was informed of several. "Some were historic and others less so," she reports. "They range from inappropriate comments, inappropriately close relationships between partners and staff, sexual harassment, indecent exposure, and sexual assault such as spanking the bottom of a junior woman in front of others ..."
Employees at the firm, she notes, are often made partners in their 30s, "so there is not necessarily a big age gap ... However, the power imbalance is significant". Junior lawyers told her partners' advances made them feel devalued and nervous that a rebuff would mean they missed out on work opportunities. While the majority of those she spoke to strongly condemned sexual harassment and sexual assault, Dame Margaret reports, "A very small number of senior women told me all women experience some degree of unwanted sexual attention at some point and that it is the same at many workplaces."
Staff with experience in other firms told her inappropriate sexual behaviour was not peculiar to Russell McVeagh. It was common in "some other law firms, accounting firms, big corporate firms and universities as well as New Zealand at large". That statement is probably not a surprise to anyone in those places, which makes this report all the more important.
But it may be just as important for the less serious but probably even more widespread problems she found in the firm's work culture: "pockets of bullying, poor work management practices resulting in excessive work hours for junior lawyers, and fear among lawyers and partners about the potential consequences of speaking out".
She makes a number of suggestions to Russell McVeagh, such as "a confidential mechanism for reports of bullying", which should provide multiple options including internal and external contact points. Among improved management practices she suggests, "partners should model family-friendly practices and leave the office at a reasonable hour each evening, and ensure their staff do the same, remaining late only in exceptional circumstances".
It is a report all managers of large numbers of people should read and apply to their own organisation. Modern standards of sensitive and fair treatment of women in the workplace, particularly by men in positions of advantage, are not hard to understand and apply. Those who find it difficult need only imagine themselves in the woman's position. Those who find it too difficult are not fit for the position.