With the recent Weinstein revelations shining a light on sexual harassment and misogyny across every industry, we ask senior lawyers for their views
Call it out
‘Sexual harassment of anybody in any circumstance is outrageous. It must be called out at every opportunity and condemned for what it is – an insidious abuse of power.’
David Morley, member, Mayor of London’s International Business Advisory Council
Progress evident
‘Compared to the past, it is night and day. Twenty years ago, it was tolerated, but in the last 15 years the situation has changed. In big law firms today, there is zero tolerance for bad behaviour, including sexual harassment and misogyny. There are more women making it through; management is increasingly unlikely to turn a blind eye. As a profession, we have moved in line with our most sophisticated clients in adopting proper codes of conduct, allowing people to report safely about any kind of issue concerning them. It is a separate debate from gender equality: sexual harassment has no bearing on the legal profession today, at least in big firms.’
Fiona Carlin, global head of competition, Baker McKenzie
Proper procedures
‘People are more willing to come forward about issues of concern than a decade or so ago. The law has done well to recognise that it needs to have proper procedures in place for people to raise these issues. It’s easier for people to speak out. It’s important for law firm executives to ensure that there are clear and transparent policies for dealing with sexual harassment. Anybody who has to deal with such issues should know exactly what to do. We have to be very clear about how these issues are reported and how they will remain confidential.’
Liz Cohen, co-managing partner, Bristows
‘When we reach a level of parity, sexual harassment may become yesterday’s problem.’
Tamara Box, Reed Smith
Cultural driver
‘Any form of harassment clearly must be taken seriously. For me, this is a cultural thing. If you have a culture which is collegiate, which is transparent, where any form of harassment is not tolerated, that is a good starting position. And you need to ensure you have transparent processes and procedures whether that is for promotions or salary reviews.’
Claire Rowe, chief executive, Shoosmiths
Abuse of power
‘The underlying issue is abuse of power. It is about a person who has power over another person in whatever context – socially or in the workplace. Any abuse of power or abusive behaviour, whether it is direct or coercive, is intolerable. Sophisticated companies and law firms are very alive to the risks: it is zero tolerance. There is no alternative. It is astonishing to me that in 2017 revelations are still emerging about the culture that exists in some organisations.’
Philip Bramwell, group general counsel, BAE Systems
More to be done
‘For most firms in the legal sector, the issue of unconscious bias and the kind of casual sexism which influences decision making (work allocation, review, promotion) is arguably the most pernicious form of sexism. Any power structure that sees significantly more men at senior levels will facilitate the potential for sexual harassment but the evidence suggests that it is gender bias that is causing firms to lose their talented women. All issues which see women disadvantaged, or not on a level playing field, are on a spectrum of objectification of women, but it is important to acknowledge that the issues which prevent appropriate gender balance in firms are complex and not capable of being solved through one approach (eg, changing the structure or career track) alone. There is a whole raft of measures that need to be taken to address the issues.’
Simon Beddow, London managing partner, Ashurst
Not good enough
‘All firms are mindful of the risks, some are just better at managing them. US firms, because they are more aware of the dangers of getting it wrong, have done a better job at this. There are relationships of power which exist in any hierarchical organisation and law firms are very hierarchical.
There has been some change in terms of gender equality, but not enough. Thirty years ago I would go to a meeting – there would be 20 people sitting there and no women. Now there is maybe one or two and I still find it weird. The problem with gender equality is that law firms have failed to devise sensible working patterns for people to be able to combine work and family: it is possible, but it is not straightforward because of the working patterns firms have adopted.’
David Ereira, partner, Paul Hastings
Greater awareness
‘We’ve seen the research and know that sexual harassment continues to be a problem. That said, the growing awareness and commitment to gender diversity within the profession, particularly at partnership level, is encouraging. The focus on gender diversity in the boardroom has meant that there is now a greater awareness of what could be deemed inappropriate behaviour and no longer just “banter”.’
Celia Berg, partner, Berwin Leighton Paisner
Equality imperative
‘Sexual harassment is a function of unequal power. Our industry is less hierarchical than many, but associates still depend on partners to provide them with work and junior partners still need support from senior partners to achieve equity status. The opportunity for sexual harassment is there, but the more we learn to respect our peers as equals, the less harassment we will see.
Many men are confused about the issue of sexual harassment. While most have no problem in identifying the most blatant examples, many are shocked when a woman complains about what they thought was a straightforward compliment. They simply don’t know where the boundaries are.
The right answer is gender equality. Sexual harassers are people who have more power than their victims, which for some men means any woman. When we accord equal respect to the genders, we severely curtail the opportunity for sexual harassment to occur. Why are women only 20% of the partners in big law firms when they are more than 50% of new lawyers? Why are women severely under-represented in leadership roles? When we reach a level of parity that shows respect for a woman’s education, expertise and capability, sexual harassment may become yesterday’s problem.’
Tamara Box (pictured), managing partner Europe and Middle East, Reed Smith