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Person behind ‘men in law awards’ may be let off with warning only
The Victorian Bar issued a strong statement condemning the “men in law awards” notice and inviting the anonymous author to consider the consequences – but that seems to be all it is prepared to do.
Naomi Neilson
Mid-last week, a notice was posted in the elevator of the Owen Dixon Chambers encouraging men to nominate themselves for the “men in law awards”, which included categories like “most woke male counsel”, “least offensive counsel”, and “best virtue signalling counsel”.
Dr Kcasey McLoughlin, Newcastle Law School senior lecturer and researcher, told Lawyers Weekly it was “quite significant” to see a “clear” institutional response from Women Barristers Association, Australian Women Lawyers, and Victorian Women Lawyers.
Shaun Marcus, national president of the Australian Lawyers Alliance, said the notice was a “sobering reminder” of just how far the profession is from achieving equality and inclusion and how important it is that the behaviour is “clearly condemned as unacceptable”.
“I think we are all disappointed that, as a profession, we are still seeing these types of behaviours. It is exhausting for the women in the profession to continue to have to battle discrimination and harassment.
“We need the senior people in law to keep calling out this type of bad behaviour when they see it – it can no longer be overlooked or ‘swept under the carpet’,” Mr Marcus commented.
Australian Law Students’ Association president Annabel Biscotto told Lawyers Weekly the notice had reinforced a commitment to championing and supporting gender equality across the profession.
“If such behaviour goes unchecked, what message are we sending to the next generation of lawyers? No one, regardless of their position within the profession, should be above the law,” Ms Biscotto said.
Until Friday (8 September) afternoon, what had been missing was the response from the Victorian Bar. This came in the form of its weekly “In Brief” email, which is typically penned by president Sam Hay KC.
In Mr Hay’s place was vice-president Georgina Schoff KC, who condemned the notice’s author for using the joke to “denigrate” the invaluable work and practice of their female peers.
Ms Schoff said she had attended the Victorian Gender Equitable Briefing Policy dinner – the night the notice appeared in the elevator – and commented that it seemed as if events such as these “provoke a sense of grievance among some of our members”.
“To the author of the notice, I say this: it is sad that the promotion of women and the celebration of their achievements in the law have caused you to feel left behind,” Ms Schoff said.
She added that the notice and the author’s behaviour “falls below the professional standards expected of all barristers”.
Ms Schoff went so far as to remind the person of Rule 123 in the Barristers’ Rules, which provides that a “barrister must not in the course of practice, engage in conduct which constitutes: (a) discrimination; (b) sexual harassment; or (c) workplace bullying”.
Breaching that rule may lead to a finding of unsatisfactory professional conduct or professional misconduct within the meaning of the Uniform Law, according to a bulletin from the Bar’s ethics committee.
As for now, it appears the statement is the only action the Victorian Bar is prepared to take.
The owner of Owen Dixon Chambers, Barristers’ Chambers Limited – which Ms Schoff sits on the board of – is a wholly owned subsidiary of the Victorian Bar. According to the website, BCL manages all building and property management.
In response to a direct question about whether it was prepared to investigate the issue further, including by reviewing security footage, the Bar pointed to Ms Schoff’s comments in the “In Brief” and told Lawyers Weekly that it does “not have any further comment at this time”.
What Ms Schoff did include in her statement was an invitation for the anonymous author to contact either herself or another member of the Bar Council to “discuss matters which concern you”. Whether they come forward or not may also remain behind closed doors.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
