Lawyers disciplined over ‘offensive, demeaning’ LGBTQ ‘joke’ posted in lifts

Two veteran barristers have admitted to posting an offensive “joke” about the LGBTQ community in the lifts inside a Melbourne legal chambers building in 2022, which sparked an investigation and led to official disciplinary action.

John F. Perry, who has been a lawyer since 1979, admitted to emailing a letter to a colleague comparing gay, lesbian and transgender people to “mud screwers” and suggesting LGBTQ lawyers were unfairly favoured for work, according to findings by the Victorian Civil and Administrative Tribunal.

Two Melbourne barristers have been disciplined for posting offensive remarks about LGBTQ people in the lifts of a law chambers building. File photo.Credit: Jessica Shapiro

The colleague, barrister Robert G. Squirrell, then printed and posted the letter – which used a logo similar to the official Victorian Bar logo – inside four lifts in the Owen Dixon Chambers East building, where it was seen by legal professionals and members of the public.

Squirrell, who has also been a lawyer since 1979, also admitted to his conduct.

The admissions form part of the formal disciplinary action brought against Perry and Squirrell by the Legal Services Board and Commissioner. VCAT found the pair had “engaged in professional misconduct” that was “conduct discreditable to a barrister”. It found the pair’s conduct had the hallmarks of a juvenile prank had it not been for the men’s ages and their “offensive” actions.

In his email, Perry wrote: “This is going in the lifts tomorrow.” The letter attached inside the email was headed: “Establishment of LGBTQMS Review Committee” – an insulting play on the term LGBTQI.

“Member [sic] of the Bar identifying with one (or more) of the minority groups represented by the anagram above have expressed concerns that briefs from various large litigators both governmental and private have not been disproportionately directed to them,” the letter said.

“The letters ‘MS’ may require explanation. It refers to mud screwers, because, as the American Jewish comedian the late and great Lenny Bruce once said – ‘Some guys would screw mud’.”

The tribunal said Squirrell had admitted to printing four copies of the letter at home and then posting them in the lifts on August 10, 2022.

The disparaging notes sparked widespread outrage in the legal community and led to investigations by the Victorian Bar and a highly controversial decision by IT provider Barrister’s Chambers Limited to search the email records of its client barristers.

The search discovered the email from Perry to Squirrell, according to the tribunal’s findings.

The investigation was eventually picked up by the Legal Services Board and Commissioner, which demanded answers from Perry and Squirrell.

Initially, Perry admitted to the Legal Services Board that he had sent the email but claimed the communication was private and intended “to poke fun rather than cause offence”, according to the VCAT findings.

Later, in a statutory declaration, Perry acknowledged the letter was offensive.

“Mr Perry clarified that he was the sole author and creator of the notice and stated that his motive was to poke fun at political correctness and wokeism rather than cast aspersions at minority groups,” the tribunal wrote.

Perry also denied knowing who posted the note in the lifts, and Squirrell has said Perry was not aware of what he did.

Perry and Squirrell both pleaded guilty to one charge of professional misconduct.

“The imputation of both deviancy and the unmeritorious receipt of briefs by barristers in the LGBTQI community is objectively offensive and demeaning,” the tribunal findings said.

“This conduct constitutes discreditable conduct which would reasonably be regarded as disgraceful or dishonourable by barristers of good repute and competency.

“The factual context of this charge is unique. It has the hallmarks of a university ‘prank’ were it not for the age of the protagonists and the offensive nature of the notice.”

VCAT reprimanded Perry and Squirrell and ordered they complete five “continuing professional development units”, donate $5000 each to the Fitzroy Legal Service Q+ Law program and pay costs of $2145 each.

Perry and Squirrell both declined to comment.

Neither has been subject to official disciplinary proceedings in the past.

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