‘Best not to rock the boat’: Reporting harassment in legal profession labelled ‘career suicide’

The 2024 Review of Harassment in the Legal Profession in South Australia has provided a deep dive into a culture of “widespread” sexual and discriminatory harassment that is permeated by power imbalances and hierarchical issues.

Conducted by the commissioner for equal opportunity, Jodeen Carney, the 2024 review examined the effectiveness of the 16 recommendations implemented via the previous 2021 review, which sought to reduce harassment in the profession.

The findings made, however, yet again highlighted widespread sexual and discriminatory harassment in the South Australian legal profession. The data showed that more than 40 per cent of respondents reported that they had experienced sexual or discriminatory harassment in the legal profession – with one in three having experienced it more than once.

Sexual harassment was prevalent throughout the report, with 75 per cent of respondents who had been sexually harassed reporting that it occurred in either the office or another form of the workplace. It was reported that 9 per cent of respondents who had experienced sexual harassment specified that their perpetrator was a judicial officer.

In a recent statement, the heads of jurisdiction of the South Australian courts said: “The report found that bullying, discrimination, and sexual harassment persists at disappointing levels throughout the legal profession and that some of the perpetrators are judicial officers.”

“Such behaviour from legal practitioners and the holders of high offices cannot be tolerated. We are committed to holding the perpetrators to account.”

Attorney-General Kyam Maher reflected on the results, acknowledging that “work still needs to be done”.

“The fact that so many people working in the profession have either witnessed or experienced some form of harassment is deeply concerning, and a sign of just how much work still needs to be done,” said Maher.

According to some of the respondents, sexual harassment is so widespread that it’s frankly become accepted in the profession.

“Nothing has changed. Male senior solicitors in their 50s are the problem and yet they’re idolised,” said a survey respondent.

Another respondent said: “Something needs to be done as it is too widespread and accepted as just part of the profession.”

However, one respondent noted that compared to 40 years ago, the experience of junior lawyers has vastly improved.

“I am a solicitor of over 40 years’ experience, and the difference between what is acceptable now as to what was common or acceptable when I was a junior lawyer is immeasurable. In conducting this review, it is important not to forget how far we have come as a profession,” said a respondent.

Maher agreed with the improvements that had occurred in some areas but admitted that continued acts of harassment cannot be allowed to carry on.

“While some surveyed participants noted that the legal profession today is a far better place to be than it has been in decades past, the continuation of harassment on any level – especially in this profession – is simply not good enough,” he said.

Bullying and racism

Bullying was listed in the report as the most common form of harassment, with two in every five survey respondents (39.2 per cent) stating that between the 2021 and 2024 reviews, they had experienced some form of bullying.

“I would not have been a lawyer if I knew how damaging the treatment of me would be. I have [multiple tertiary qualifications] – I live and breathe the law. But I am constantly yelled at, and told I am not good enough every day,” said one respondent.

Another said: “I did not sign the practitioner admission role and signed up to be abused, harassed, and bullied in an area which I am passionate about practising in.”

Along with the bullying, racism and prejudice were reported by the respondents as yet another ingrained issue that is far from being dispelled from the profession.

“So far away from gender equity, let alone dealing with issues of race and class which are even deeper in the profession,” said a respondent.

Another said: “A battle against a system of ‘justice’ unfairly structured against your own race. Only people that carry the same cultural load will ever truly understand.”

Best not to ‘rock the boat’

The alarming premise that was found in the report was the lack of reporting from victims of harassment – a trend that has carried over from the 2021 review. More than two in three respondents elected not to report it due to either a lack of trust in the process, or due to fear of repercussions, citing a culture where it was considered best not to “rock the boat”.

“Power imbalances and hierarchical issues within the profession prevent people from speaking up regarding harassment (whether as a victim or a witness),” said a respondent.

Another said: “This power balance makes it hard for us to come forward in fear it will be career suicide. As such, this behaviour ends up being tolerated and accepted.”

Despite all the recommendations listed in the 2021 report, the evidence is clear that the behaviour has continued to be prevalent – with one respondent labelling these recommendations merely as “lip service” that fails to address “the ‘old boys’ club’ mentality” that subsists throughout the profession.

“‘The ‘old boys’ club’ mentality. The fact that nothing ever happens, you never see a reprimand or change in behaviour, with no consequences to be seen, and victims tend to leave,” said a respondent.

“Training can be conducted in the workplace regarding harassment and bullying, but when the behaviour occurs in a ‘top-down approach’ nothing ever changes. It is merely ‘lip service’ to ideals that are not upheld. Until there are serious consequences or monitoring, nothing will really change.”

In terms of the next steps, Carney made new recommendations that seek to drive real change in the sector.

“Sexual harassment, discrimination, and bullying are unlawful. Yet, aided by denial, intimidation, and incivility, they persist in the legal profession, with many victims fearful of reporting this conduct,” said Carney.

“The legal sector not only administers the law but also plays an important role in protecting the rights of others which makes the results of this review even more disappointing. The nature of the legal profession means that it should be held to a higher standard of conduct by its members.”

“I have made recommendations that are directed to driving change to prevent harassment from occurring, and foster safe, inclusive workplaces for all who work in the legal sector.”