Nation’s largest law firm, MinterEllison, erupts over its representation of Christian Porter

The head of MinterEllison faces a board investigation over a staff email in which she said the firm’s representation of Christian Porter had ‘triggered hurt’ for her.

Annette Kimmitt, the chief executive of MinterEllison.

The head of the nation’s largest law firm emailed all staff this week to tell them that the firm’s representation of Attorney-General Christian Porter had “triggered hurt” for her.

That hurt has now become a world of pain for MinterEllison chief executive and managing partner Annette Kimmitt, who could be forced out of her job.

Chairman David O’Brien has told the partners the board will investigate the appropriateness of her email after being inundated with messages from appalled partners.

Ms Kimmitt emailed Minter­Ellison’s 2500 staff on Wednesday to apologise for any “pain” they might be experiencing due to the firm’s representation of Mr Porter.

Mr Porter has been accused of raping a 16-year-old 33 years ago but has denied the allegations.

The Attorney-General first sought advice in October from partner Peter Bartlett, one of ­Australia’s top defamation law experts and a former chairman of the firm, over an objectionable YouTube video. Mr Bartlett gave Mr Porter further advice after news of the alleged rape broke last Friday.

Ms Kimmitt said in her all-staff email that the work did not go through the firm’s approval processes, and had it done so the matter would have been considered through the lens of the firm’s “Purposes and Values”. She said she had only become aware of Mr Bartlett’s decision to act for Mr Porter through media reports.

“The nature of this matter is clearly causing hurt to some of you, and it has certainly triggered hurt for me,” she wrote.

Christian Porter speaks during a press conference in Perth this week. Picture: AFP)

It is understood Ms Kimmitt sent her email after Twitter users attacked MinterEllison for “pinning its colours to the rapists’ mast” and used the hashtag #DontFundRape. Others questioned if acting for Mr Porter was consistent with the firm’s support for women.

Partners were shocked at Ms Kimmitt’s lack of judgment in sending the email — which inevitably leaked — and her suggestion the firm should no longer advise unpopular people. They have been contacting Mr Bartlett to express their support.

The MinterEllison board discussed the email at a meeting on Wednesday.

Mr O’Brien told partners during a Zoom call on Thursday that he did not wish to discuss the email’s merits, but the board would investigate its appropriateness. It is understood members of the board met on Friday without Ms Kimmitt being present.

Mr O’Brien, Ms Kimmitt and MinterEllison declined to comment when contacted by The Weekend Australian on Friday.  Some partners pointed out the firm’s employment lawyers regularly act for executives accused of sexual harassment and bullying.

In a reply to Ms Kimmitt sent to all partners, Mr Bartlett said he had advised many state and federal MPs, premiers and prime ministers from both parties, pointing out these were “leaders of one of the firm’s largest clients”.

The firm pocketed about $19m from the federal government in legal fees in 2018-19.

“With the claims against the AG, I would have thought that a majority of our partners would believe that everyone is entitled to a presumption of innocence and legal representation,” he wrote.  One former partner said Ms Kimmitt was basically saying to the highest law officer in the land it could not represent him based on an allegation.

“If her logic applied across the board, we couldn’t represent anybody that had an allegation made against them,” he said.

Ms Kimmitt, appointed in 2018, does not have a law degree. She was Asia-Pacific accounts leader at consulting giant EY and has an accounting background.

Rule of Law Education Centre founder Robin Speed said if the comments were accurate and reflected the views of the profession, it would undermine the rule of law.

Institute of Public Affairs director of research Daniel Wild said: “If MinterEllison is going to play politics, there is a serious question about whether they can represent the interests of the Australian government and taxpayers.”

Under the “cab-rank rule”, barristers cannot refuse a brief based on personal prejudices, to ensure anyone facing court can ­access legal representation ­regardless how unpopular their case. The rule does not apply to solicitors, but they are officers of the court and have a duty to ­uphold the law.