An incident where a solicitor’s genitals were grabbed in the middle of a dance circle at a Christmas party was a “joke gone too far”.
That’s the view of the man who was allegedly touched by a partner at a major law firm.
The partner was known for his “outlandish” and “boisterous” dancing, the Lawyers and Conveyancers Disciplinary Tribunal heard at a hearing that started today.
But despite the young lawyer’s take that the sexualised dancing had been in jest, he told the tribunal he was still aware it had been inappropriate in a work setting.
He told the tribunal that there was still a need for attendees to behave in a way that was professional during a work party, even if they were “letting their hair down a bit”.
Counsel for the National Standards Committee Sam McMullan said in his opening address that one of the central issues for the tribunal would be whether Christmas functions are connected to the “provision of regulated services”.
His suggestion was that it was, as Christmas parties were designed to either thank staff for the year that was gone, or were held in anticipation of the legal work to come in the year ahead.
McMullan said if the tribunal agreed the conduct happened when the partner was providing professional services, it would then need to consider whether his behaviour would “reasonably be regarded by lawyers of good standing as disgraceful or dishonourable”.
Known for ‘outlandish’ behaviour
The broad allegations are that during two Christmas functions, the partner touched younger staff and summer clerks inappropriately, and made inappropriate comments.
The man who had his penis grabbed had known the partner for some time, but didn’t report directly to him, and did not have a direct working relationship with him.
However, he described him as a “work friend”, and said they had a “jokey” relationship that involved “light-hearted banter”.
He agreed with the practitioner’s lawyer, Daniel McLellan, KC, that the partner was often “loud” and “boisterous”, and was known for his “outlandish” behaviour.
At an earlier Christmas quiz night, the partner was a “natural choice” to create a diversion while his quiz team surreptitiously Googled the answers.
However, at a team Christmas party, the solicitor was aware that many people had witnessed his penis being grabbed by the partner as they danced in a circle on the dance floor.
He alleged the partner had been dancing in a “sexualised way”, but he hadn’t. However he had felt “completely comfortable with it” on a personal level, and after the event he had wanted to “front foot” any disciplinary process.
While he knew the alleged behaviour had been inappropriate, he wanted those investigating to have the context of how he and the partner could “joke around”.
He confirmed a comment in his affidavit that he thought the behaviour had been a “joke gone too far”.
The solicitor did recant on an earlier statement in which he had said he had not thought the partner had not meant to “cause offence” through any of his behaviour, however.
He clarified that while he didn’t think the comments or actions were intended to hurt anyone, he thought that, given the content of some of the comments, “how could you not offend”.
Allegedly called summer clerk a ‘creepy c***’
Another former employee, a young female solicitor, told the tribunal the partner had asked if she was single, which she had found “strange”. She said he had been heavily intoxicated, which she had connected to his comment as people say “funny things when they drink”.
According to charging documents, the partner is alleged to have made comments to another employee about her weight.
He’s also alleged to have made general sexual comments, as well as comments about the size of people’s genitalia, and the sexual behaviour he enjoyed.
One former summer clerk, who gave evidence today, told the tribunal he had been called a “creepy c***”, and had his bottom touched.
He said after the Christmas party, he had been worried about his job prospects.
Given the power imbalance between him and the partner, he had assumed he would have been “sent away” to cover up the partner’s actions.
He thought, based on stereotypes he had heard about law firms, the partner would get a “slap on the wrist” and the incident would be covered up to “protect the partnership”.
That had not happened though, and the law firm had “looked after” him, as well as the other summer clerks and junior staff involved.
The law firm has offices across New Zealand, including in Auckland, Wellington and Christchurch.
The tribunal will hear from another former summer clerk tomorrow, before the accused practitioner gives evidence.
The hearing is expected to finish on Wednesday.
All identifying details about the partner, the law firm involved, and all affected people, have been suppressed on an interim basis.
