Law firms failing to protect women from sexual harassment by clients
While harassment from clients is not uncommon, few firms have policies in place to protect their lawyers
December 18, 2018 at 12:00 AM
5 minute read
The original version of this story was published on Corporate Counsel
Risk-averse by trade, most lawyers easily recognise the line between appropriate and inappropriate professional conduct. But when dealing with clients, law firms are sometimes willing to blur that line.
Numerous women told Legal Week sister title Corporate Counsel that sexual harassment by clients is not uncommon in the legal industry, with stories ranging from uncomfortable comments to repeated unwanted propositions and even assault.
Women often do not report these incidents, fearing retaliation or lack of support from their firms, many of which do not have policies against client harassment.
Women who did tell someone at their firm about business development-related harassment often had their concerns dismissed. That is what happened to one female lawyer, who requested to remain anonymous, when she reported an experience of inappropriate conduct to a firm colleague.
She was an associate pursuing partnership at a large law firm, interested in building a book of business. He was a senior lawyer at another firm who had referred a client to her and, based on her performance, said he looked forward to referring more work. The two met for drinks at his hotel to discuss additional business opportunities.
But things escalated when he pressed her for sex and became aggressive. She managed to escape, and relayed what happened to the senior partner with whom she had worked for almost a decade. Expecting support from her mentor and colleague, instead she said he brushed her off, saying her story was not credible because she was "not that hot".
Almost every woman interviewed said they experienced or knew women who experienced client harassment. Only one said she had seen a firm drop a client, in a case of serious harassment.
"I don't know any one of my female friends who have been in a law firm or even in-house who haven't seen or experienced that," said Jean Lee, president and chief executive officer of the Minority Corporate Counsel Association.
You want to be seen as smart and directive, but also kind and interesting to work with. It can be very tough
In 2017, about 20% of equity partners were women, a number that has changed little in recent years. Some women attribute this to the unique challenges female lawyers face when cultivating new client relationships, such as harassment and misinterpreted invitations to business-related dinners or drinks.
"A lot of business is developed socially. So if I'm a counsel or new partner and I really am seeking to build my profile in whatever my practice area is and I'm taking potential clients out for dinners or lunches, a line can often be very blurry," said Gwen Mellor, a partner and law firm management consultant at the Zeughauser Group. "And so I think all along the development of an lawyer, you can face challenges with regard to clients. You want to be seen as smart and directive, but also kind and interesting to work with. It can be very tough. Very tough."
In recent years, the pressure to build business has been particularly high. Many firms are just starting to see a post-recession increase in demand for legal services. However, there is more competition for that work than ever. Increasingly cost-conscious clients are handling matters in-house, automating legal work or turning to alternative service providers.
Lee said the harassment taken for granted as part of business development influenced her decision to leave firm work for an in-house position.
"That was one of the number one drivers for why I didn't want to be at a firm," she said. "I didn't want to do business development. Especially as an Asian-American woman … there is a certain stereotype that follows you and when you speak up you get more backlash, because they don't expect you to do that."
A survey from the International Bar Association conducted by legal research firm Acritas found clients were behind nearly one in five instances of sexual harassment or assault, based on results as of November 2018.
But many lawyers do not report client harassment, fearing they will be forced off the case, kept off of future career-advancing opportunities and labelled a troublemaker. And such fears are not unfounded. One senior associate at a US law firm told Corporate Counsel that she had seen female lawyers experiencing client harassment who "came forward and were blacklisted".
Reluctant to antagonise clients, few law firms have policies in place to address inappropriate client behaviour. Of the more than 50 law firms contacted about third-party harassment policies for this article, only four said said they have policies in place. The others said they did not have them, declined to comment or did not respond.
Lee said she has also not heard of in-house legal departments with policies specifically against the harassment of outside counsel.
"Having clear policies with respect to what to do if you're harassed by a client is critical, and I think that's something many firms don't have," said Marcie Borgal Shunk, president and founder of legal intelligence firm The Tilt Institute. "They're not specifically having that conversation and explaining to their partners or their associates how to handle that type of situation."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllCan AI Beat the Billable Hour? Legal Tech Firms Say Selling AI Products to Law Firms Still a Challenge
More Young Lawyers Are Entering Big Law With Mental Health Issues. Are Firms Ready to Accommodate Them?
Trending Stories
- 1Infant Formula Judge Sanctions Kirkland's Jim Hurst: 'Overtly Crossed the Lines'
- 2Abbott, Mead Johnson Win Defense Verdict Over Preemie Infant Formula
- 3Preparing Your Law Firm for 2025: Smart Ways to Embrace AI & Other Technologies
- 4Greenberg Traurig Initiates String of Suits Following JPMorgan Chase's 'Infinite Money Glitch'
- 5Data-Driven Legal Strategies
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250