Lawyer Ben Aulich fined, publicly reprimanded by ACT Civil and Administrative Tribunal for professional misconduct
A prominent lawyer has been fined over “bawdy” behaviour at a weekend retreat, where he removed his jeans during a boozy card game.
Canberra Star
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A prominent Canberra lawyer has been reprimanded after he performed a “risque” dance with a rose between his teeth and removed his jeans while playing a boozy card game, during which some of his staff tackled him to the ground.
Details of Ben Aulich’s “bawdy” behaviour at a weekend retreat have been revealed by a tribunal, which has also condemned his failure to confiscate a “repugnant” colouring book.
The ACT Civil and Administrative Tribunal revealed on Wednesday that it had imposed a $20,000 fine on Aulich, who was said to be “extremely embarrassed” by his behaviour.
The tribunal’s decision shows the ACT Law Society took disciplinary action against Aulich, a partner in his self-titled Canberra law firm, over events that occurred in February 2021.
That month, the firm held its annual continuing professional development weekend at a farm in NSW.
Aulich and 13 mostly female employees arrived at the venue on a Friday night, when they participated in a drinking game that involved cards being drawn.
One of the cards instructed the oldest person at the table to remove their pants.
That person was Aulich, who “lowered his jeans” at the urging of other players.
Some of his attending employees then tackled him to the ground.
“After [Aulich] removed his jeans, one of the women tried to take the jeans from him,” the decision states.
Geoffrey McCarthy, a presidential member of the tribunal, said the incident had been filmed and Aulich “appeared to treat the episode as humorous”.
About two hours later, Aulich was sitting around a campfire with some of his employees when he accepted their invitation to perform “a cabaret-style dance”.
“[Aulich] performed the dance while shirtless, wearing suspenders and holding a rose between his teeth,” the tribunal decision states.
“During the dance, [he] behaved in a bawdy manner.”
The following day, Aulich and the attending employees participated in the professional development event at the farm.
During a session on mental health, one of the employees circulated a colouring book that contained “demeaning and sexualised words regarding [Aulich] and the firm”.
“Whilst [Aulich] had no role in the preparation of the colouring book, he took no steps to confiscate it … and did not admonish the employee who circulated it,” Mr McCarthy said.
One of the attending employees complained to the council of the law society about Aulich’s behaviour in April 2021, by which time she had left her job at his firm.
The law society raised her allegations with Aulich in June 2021, and he responded a week later.
“It is, I think, fair to say [Aulich] came out swinging,” Mr McCarthy said.
“In a 10-page single-spaced letter … he defended every aspect of his conduct and the conduct of the firm.”
Aulich acknowledged his firm had an “unusual” culture, which had led to rumours it was a “cult”.
But his letter described the firm’s culture as “precious”.
“We are unashamedly not like other law firms or public sector workplaces that are often conservative, that frown upon office ‘banter’ and that do not allow swearing or joking around,” Aulich wrote.
However, Mr McCarthy said Aulich’s tune changed when, in November 2021, he received a draft application for disciplinary action against him.
In response to that document, Aulich sent an email in which he said he was “embarrassed and ashamed”.
“On proper reflection, I think I can say that my desire to be an unconventional, fun, non-stuffy and non-conservative law firm and allowing staff to ‘let off steam’ has clouded my judgement as to what is acceptable and what is not,” he wrote.
Aulich added that he had commissioned an independent review of the firm’s culture, and stated his intention to “get some assistance about my drinking”.
“This is extraordinarily embarrassing for me,” Aulich wrote.
“I understand I deserve the embarrassment, and I am an idiot if I don’t see the wake-up call and respond to it.”
The law society’s council commenced disciplinary proceedings in the tribunal in 2022.
The tribunal’s decision says Aulich’s response, filed last year, “accepted his conduct constituted professional misconduct”.
While the law society sought a $50,000 fine, Mr McCarthy said that amount would be “unduly punitive”.
He accepted Aulich had “changed his ways” and the behaviour was unlikely to be repeated.
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