Facebook harassment claims by Claire O’Connor SC ignites debate in legal profession
A LEADING lawyer’s controversial Facebook post has exposed a “boy’s club” culture of gender inequity in the legal profession — but some fear it has also set back the cause of women.
A LEADING lawyer’s controversial Facebook post has exposed a “boys’ club” culture of gender inequity in the legal profession – but some fear it has also set back the cause of women.
Senior female counsel yesterday said Claire O’Connor SC had sparked a discussion and a debate “worth having”, but questioned her decision to do so on social media.
Her post, revealed by The Advertiser yesterday, has split Adelaide’s legal fraternity – but along lines of age, not gender.
Many older practitioners believe Ms O’Connor has embarrassed herself and called the profession into disrepute, while younger lawyers say she issued a brave and necessary call for change.
One of the state’s most respected barristers, Lindy Powell QC, said the substance of Ms O’Connor’s 1000-word post could not be disputed.
“Of course it’s been difficult for women – every profession, not just the legal profession, has at one time been a boys’ club – and of course there’s a discussion to be had,” she said.
“The question is whether this was the way to do it ... anyone who knows anything about implementing cultural change knows it is, of necessity, a slow and arduous process.
“You can’t force cultural change, you can’t impose it, and women need men to support them in this rather than making enemies of them.”
Heather Stokes – who worked as David Stokes prior to transitioning gender – agreed.
“Claire has made some very good points about the way the profession has operated but there are ways to say these things,” she said. “The profession has not changed (yet) but it is changing and there is progress ... we must not let it go too slow, nor accelerate to the point where people on the other end dig in their heels.”
She decried the profession for overvaluing gender, skin colour, sexual preference and parentage, dubbing herself and her supporters “the future”. She also claimed she had been sexually harassed or bullied by a lawyer who now sits as a judge of the District Court.
Her post – for which, The Advertiser understands, she has apologised – is the subject of Law Society inquiries and could lead to disciplinary action.
Yesterday, Ms Powell agreed harassment occurred and that it was “totally unacceptable”.
“I’ve had males say inappropriate things to me during my career and I’ve made it clear, in an amicable way, that it’s not acceptable,” she said.
She said cultural change could not be achieved “by an embittered approach to the problem” but required “teamwork” with male colleagues.
“Much more is advanced by genuine conversation best had in a sympathetic way where the men realise, for the first time, what particular problems women have,” Ms Powell said.
“This has to be a decision men make for themselves for logical, well-thought-out reasons that go against their own conditioning ... then there will be change.
“They are not going to get to that place by being insulted or abused.”
Ms Stokes said the increasing number of female law graduates “all but guaranteed” gender equity was “inevitable, either by attrition or evolution”.
“The law is still more a boys’ club than anything else but the fact is that it’s changing for the better,” she said.
“Change should be neither rushed nor delayed.”