A sole-practice lawyer who repeatedly exposed his female employees to pornographic images on his office computer has been suspended from practising for three months, following a damning decision by the Lawyers and Conveyancers Disciplinary Tribunal.
According to a recent Lawyers and Conveyancers Disciplinary Tribunal finding, “Although he ‘clicked out’ of objectionable internet sites when staff entered his office room, they were confronted with snippets and were acutely aware of his interest in sexualised objectification of women. Consequently, they felt horror, shock, disgust, discomfort, embarrassment, and shame. Their work environment was thus rendered toxic and emotionally unsafe.”
The behaviour persisted for years. Since 2016, staff saw pornographic snippets on his screen several times a day, the tribunal heard. The situation worsened when the firm moved to a new office where his computer screen directly faced the doorway, effectively guaranteeing that employees would see explicit material each time they entered, as reported by Catrin owen of Stuff.
Despite staff suggesting he rearrange his office layout, he refused. The tribunal noted: “Although (and because) he ‘clicked off’ images when, or soon after, staff entered, we cannot imagine that he could not have been aware of the situation. In our view, to claim otherwise amounts to wilful blindness,“ Stuff has quoted.
The issue finally came to light in November 2022 when a junior employee confided in a senior colleague. The lawyer claimed he was struggling with an addiction and vowed to seek help, a promise he soon broke. Two months later, another staff member again spotted explicit content on his screen. He initially denied it, only accepting the truth after yet another complaint the following month.
At last month’s disciplinary hearing, he admitted misconduct. The tribunal described his behaviour as “egregious” and highlighted the power imbalance within the workplace. “We find that, because all the staff members were female and he, their employer, male, both their distress and their hesitance in confronting him are readily explicable.”
His conduct, the tribunal added, demonstrated “[The lawyer’s] insensitivity and lack of thought about the effect his conduct would produce in his employees was remarkably obtuse. That he suffered from a compulsion to engage in the conduct does not mean he was incapable of realising his viewing was repeatedly on show to his employees.”
After the early 2023 complaints, the lawyer began working from home. By late April, all of his employees had resigned and lodged complaints with the New Zealand Law Society, Stuff has reported.
The lawyer has apologised for his behaviour. His therapist told the tribunal the misconduct was “born from an addiction” and linked to depression at the time. The tribunal acknowledged this, stating, “Although it is little comfort to his employees, we accept that he was not in a healthy frame of mind during the period. We applaud his having taken steps to address it and are pleased to learn of the progress he has made,” as quoted by Stuff.
Along with his three-month suspension, the lawyer was censured and banned from practising on his own account, whether independently or in partnership, unless formally authorised. He must also pay $5000 each to the two employees who complained, as well as $20,500 in costs, as reported by Stuff.
He had sought permanent name suppression, but the tribunal ruled that the public interest outweighed his personal concerns. His identity will be made public later this week.
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