Former Russell McVeagh lawyer found guilty of six inappropriate sexual conduct charges

A former Russell McVeagh lawyer has been found guilty of misconduct on six charges relating to inappropriate sexual conduct.

James Desmond Gardner-Hopkins, a former partner at the firm, faced five charges relating to behaviour at a work Christmas party in Wellington in 2015 where "drunken behaviour occurred" with junior staff members and involved "tactile dancing and other physical contact".

The sixth charge related to his behaviour at another firm function, which was held at his home.

The New Zealand Lawyers and Conveyancers Disciplinary Tribunal released its decision on Thursday, finding him guilty. It said his conduct in all the charges relating to six separate incidents met the test of being "disgraceful" or "dishonourable".

The charges were brought by a National Standards Committee on behalf of the New Zealand Law Society.

Tiana Epati, president of the New Zealand Law Society, says this decision "sets a clear benchmark for the standards expected of lawyers" not only at work, but when attending work functions and events.

"I want to acknowledge the courage of the victims and witnesses who came forward and bravely gave evidence for the National Standards Committee. This is an important case for the legal profession."

In its decision, the tribunal says the legal profession expects people who work with lawyers will be respected and safe.

"A basic behaviour expected of lawyers towards those they work with is that they are respectful and do not abuse their position of power," it says. 

"There is no place for objectification of women or indeed any person, by those in the profession of law."

The tribunal says Gardner-Hopkins' conduct wasn't "unconnected with the provision of regulated services" since the Christmas party was only open to members of Russell McVeagh, was paid for by the firm, and that there was nothing disconnecting that function from work.

It adds this case draws attention to the need for senior lawyers to model appropriate behaviour, and says in this case, Gardner-Hopkins should have been aware of the power imbalance between a partner and junior staff members at a social function.

"This decision underlines the changes the Law Society and legal profession are making to deal with sexual harassment and other types of unacceptable conduct," Epati says.

"New rules governing the behaviour of lawyers with an emphasis on bullying and harassment come into force from 1 July 2021. This will include new reporting requirements which emphasise the shared responsibility of law firm partners to ensure this behaviour does not happen."

The matter is now set down for a penalty hearing.