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Home / New Zealand

Ex-lawyer: Bazley inquiry on bad behaviour at New Zealand law firm Russell McVeagh a failure

NZ Herald
5 Jul, 2018 12:13 AM2 mins to read

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Lawyer Catriona MacLennan disappointed with Dame Margaret's findings, says it doesn't go far enough

The Bazley inquiry into allegations of sexual harassment at law firm Russell McVeagh has failed to get to the heart of the issues, says a woman who quit the law after being subjected to years of bad behaviour.

"It's a PR exercise; it's window dressing," said Olivia Wensley, 32, who suffered sexual innuendo and inappropriate behaviour from male colleagues.

Wensley spoke publicly in March about her experiences.

Dame Margaret Bazley was appointed to look into allegations including that five summer law clerks were sexually harassed over the summer of 2015/16.

She found instances of crude, drunken and sexually inappropriate behaviour during those months - but she could not find recent sexual harassment or sexual assaults.

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"What's interesting is what she's not saying," Wensley told the Herald today.

"She's glazing over the fact that the partners at Russell McVeagh have not fulfilled their statutory obligations under the Lawyers and Conveyancers Act to report misconduct."

She said the Law Society, which had the statutory responsibility to monitor lawyers' professional standards, ought to have dealt with the allegations.

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Because it hadn't, Justice Minister Andrew Little should introduce legislation creating a state agency to regulate lawyers, Wensley said.

Prominent Auckland lawyer Catriona MacLennan said Dame Margaret's report was a "cop out" that misdiagnosed the problem and the incorrect diagnosis will prevent much needed changes.

"The problem is not a work- hard, play-hard culture; the problem is the deeply ingrained sexism in our profession."

She said there was a wider issue and pointed to data from YUDU that showed the average pay for male lawyers is $128,000 while female lawyers' average pay is $66,000.

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Female lawyer on sexual harassment at work: 'It was like a frat house'

28 Feb 04:00 PM
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Russell McVeagh review: Crude sexual culture, bullying

04 Jul 10:00 PM
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Justice Minister to study law firm bullying report recommendations

05 Jul 12:59 AM

"You need to look at all those things together."

MacLennan said she believed non-disclosure agreements were problematic and should not be used. Non-disclosure agreements protect victim privacy but perpetrators' identities are also protected.

MacLennan compared the result to her clients and "what would normally happen with people who perpetrate sexual assault". The results would have been different in other circumstances but the legal profession has allowed a loophole in the system, she said.

"They're continuing on with their careers, continuing to be paid really high amounts of money and have their reputations intact.

"Our legal system and our society need to treat people equally and that's not happening here."

The University of Auckland and the University of Otago said they would not publicly comment on the Bazley report.

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