Warning! The Key Indicators Telling You How Your Law Firm Rates For Sexual Harassment, Bullying and Gender Equality

How can you tell how well your current - or future - law firm employer ranks in terms of its ability to control sexual harassment, bullying and also for gender equality?
The recent scandal involving the sexual harassment of summer clerks at New Zealand legal giant Russell McVeagh produced an 88 page report from an experienced troubleshooter with recommendations as to how the firm needed to address the issues - but there are factors that any law firm needs to incorporate into their everyday workings.
Like any large, wealthy law firm, Russell McVeagh's lockstep pay structure created a siloed structure which effectively operated as a multiplicity of small businesses within one - and without a solid grasp of overall management, particularly when it came to younger lawyers.

The investigator appointed to look at the firm's issues, Dame Margaret Bazley, is one of New Zealand's most experienced 'go to' fixers. Having tidied up a sexist and at time brutal Police culture and the rip-offs occurring in the former legal aid system, among many other enquiries, she undertook a thorough look at how Russell McVeagh failed.
And her report is brutal in parts.
She described the "crude, drunken and sexually inappropriate behaviour" she found with junior lawyers encouraged to drink to excess.
There was a 'work hard, play hard' culture and one that was out of control.
The firm, she reported, had failings in "governance, structure, management, policies, standards and systems as well as the lack of a code of conduct".
Inappropriate Touching
She described the intimidation and confusion that the young summer clerks, who were at the firm during the 2015/16 summer period, experienced. Dance floor touching, breast fondling, drinking, late night bars and parties, inappropriate comments . . they all abounded.
The Touchpoints For Correction
But what did Dame Margaret recommend - and what are some of the pointers that any younger lawyer seeking a decent legal career - should consider?
Among them -
>> Having the capacity and capability within the law firm's HR team to deal with sensitive sexual complaints and to recognise when an independent investigation may be required;
>> Having a procedure that permits the enlisting of external experts to develop a stand-alone sexual harassment and bullying policy;
>> Having a strong regulatory regime to deal with those who are dealt with in a sexually inappropriate manner;
>> Having a zero tolerance of bullying and sexual harassment;
>> Having a confidential mechanism by which bullying and sexual harassment complaints may be made and which includes 'multiple options and pathways' for reporting, including both internal and external contact points;
>> Having an independent expert advise on the adequacy of existing policies and systems regarding harassment, bullying, alcohol use, code of conduct, social behaviours, familial relationships between staff, managing poor performance. This process needs to be done with the co-operation of staff.
>> Ensuring approved counsellors are both independent and perceived to be independent;
Partnership Promotion - Taking the '360 Degree Appraisal'
As with law firms everywhere there are gender disparity issues and the report into Russell McVeagh's partnership structure (which includes 29 per cent female partners, but 55 per cent female solicitors), there were some strong recommendations regarding developing an appropriate culture for female promotion.
The firm, like so many, loses female legal talent through a policy that consciously or unconsciously discriminates against women, despite many firms' 'best efforts'.
The Bazley Report's recommendations includes some key factors to implement and they apply to any firm anywhere in terms of whether they are 'female friendly' and encouraging of promotion.
Included among them -
>> Establishment of a national managing partner role who would have specific responsibility for organisational transformation and firm culture, including setting up a Transformation Committee responsible for changing the firm from a hierarchical to an open and collaborative structure;
>> Having an independent board member with specialist leadership and culture change experience;
>> Having a rigorous system of leadership appraisal that takes into account management skills of potential partners;
>> Having joint male and females chairs for the committee responsible for succession and admissions to the firm, together with external specialists who advise impartially on promotions to partnership;
>> Taking a "360 degree appraisal" for promotion to partnership, which involves an inclusive, firm-wide process that looks at the appropriate attributes and behaviours of partners, focusing on staff management and people leadership, including the 'softer skills' of leadership;
>> Independently review the HR functions of the firm to ensure it meets the objectives for cultural transformation in an effective, inclusive manner, including training sessions for all staff that look not only at billing targets, but the key cultural issues.
The review of the law firm has very clear guidelines based on 'transformational change' and it is equally applicable to many BigLaw firms.
But checking the key indicators as to policies on harassment and gender equality are some of the issues that any employer seeking a top law job should consider with any law firm, many of whom pay lip service to the #Metoo and gender equality issues without having the rigorous systems and processes in place to give effect to them.