The importance of social justice in BigLaw

“We seek to donate to what we call grassroots organisations. So, they’re generally slightly smaller charities where we can see a real impact or real social justice impact through the donations that we’re making. So we don’t necessarily contribute to Red Cross or Oxfam kind of mega charities but try to donate to small charities where, as I say, we can see the impact of donations and that, I think, incentivises people to contribute to the Social Justice Fund.

“We’ve conducted two staff surveys to understand the types of charities that people might like to contribute to. The first category of three charities very much focuses on young people and particularly vulnerable young people who may be struggling with their education or are homeless. And then the subsequent survey, the interests of people within the firm was split in a few directions,” he said.

“But some themes were working with women who had experienced and survived family violence. And organisations with a focus on women’s rights more broadly and working with Aboriginal and Torres Strait Islander people. We feel as though through the donations that we’re able to make, we do have a social justice impact with the organisations that we support.”

Domestic and family violence reforms need “extensive work”, which shines through in the Australian Securities and Investments Commission’s (ASIC) commitment to protecting victims of domestic violence last year, which followed concerns raised with the watchdog from licensees claiming that including certain credit information in the credit reports of victim-survivors of family violence (such as financial hardship information) could place those consumers at risk of further harm.

“We’ll conduct a general survey, and then [it] will be the job of the social justice fund committee to find appropriate charity. But given the amount of money in the fund initially, we just supported three charities, and they were in the use of space. And then, [in] the more recent survey across the firm, the interest area did shift, particularly supporting women who’d experienced family violence and women’s rights generally, and also, Aboriginal and Torres Strait Islander people,” Mr Donovan said.

“I think those particular categories, which we’re supporting at the moment, don’t come as necessarily a particular surprise. They, from my observation, [are] areas in which people would like to work and be providing support.”

First Nations issues have been a key part of many firms’ social justice initiatives, with ASIC recently publishing a framework to help deliver positive financial outcomes for Indigenous communities.

According to the corporate watchdog, a cornerstone of developing its framework was through extensive and thorough consultations with First Nations peoples, financial services industry representatives, as well as fellow government departments, agencies, and regulators. These consultations were held with a range of sectors with national coverage across broad geographic regions. At each stage, the voices of First Nations people were prioritised and elevated.

The framework also highlighted how ASIC would use learnings from First Nations people to inform its work with First Nations consumers. It supports this intent by setting out several long-term outcomes, which will require ongoing collaboration and engagement between ASIC and its stakeholders. In addition to Indigenous issue, gender equality has also proven to be a big issue within the profession — and something Holding Redlich has seen emulated in its charitable efforts.

“The firm has seen an increased focus on women’s rights in recent years. At Holding Redlich, this has included a particular focus on closing the gender pay gap. Through the Holding Redlich Social Justice Fund, a key focus in recent years has been around women’s rights and working with women who have survived family violence. We have also been mindful of developing our understanding of intersectionality in gender inequality,” Mr Donovan added.

“In this regard, we have sought to work with charities that operate in areas where there is a recognition that different forms of oppression or diversity can overlap to increase discrimination and inequality. Over time, it seems as though safer spaces are being created for women to share their experiences of abuse and inequality, and this is raising awareness and shifting attitudes around these issues.”

Furthermore, Mr Donovan predicted that environmental issues and charities are likely to gain traction with the firm’s staff moving forward, particularly as the needs of clients and the general business community evolve to keep up with environmental, social, and governance (ESG) concerns.

“Going beyond that, a law firm as a part of the general business community would also shift in that direction,” he said.

“But I also think individuals who are working with clients who had that as a concern may also, if they haven’t already done so, kind of develop that as a concern themselves. As a shift occurs, it does bring people along.”

This is something that has been reinforced by insurance law firm Wotton + Kearney, which said in early 2022 that the profession needs “projects that address gender and climate justice together”.

Additionally, the Royal Commission into National Disaster Arrangements found that natural disasters are often linked with increased rates of family violence: after the 2009 Victorian bushfires, women residing in highly affected communities were seven times more likely to experience violence compared to low-impact communities. Similar statistics have emerged from the 2019–2020 bushfires.