Sexual Harassment & the Legal Industry

Recent headlines would lead us to believe that those days are numbered. But law firm rainmakers are still seen as unicorns: rare and highly revered for their seemingly magical powers to win and retain business. Their efforts don't just feed their pride and their pockets; they support an entire — albeit fragile — ecosystem. Practices, budgets, hiring decisions, satellite offices and firm reputations are built around these individuals. There is seldom an immediately feasible or fiscally comparative Plan B.

So, in the age of social media when one tweet — re-tweeted exponentially — often sees people convicted in the court of public opinion before facing charges in a court of law, today's environment looks grim for both the accuser and the accused, as well as the rest of those who exist in their orbit.

Is it possible — is it appropriate — for your firm to prepare itself by striking a respectable balance between creating a safe space for alleged victims to bravely come forward and executing a thorough investigation into allegations, while protecting its present and future business for the employees and clients not immediately involved in the situation? Are you prepared for when a client refuses to continue working with your firm because of the situation? What happens if a client is involved? What happens if the allegations are levied by someone at your partner's former firm?

Culture

A firm's culture is central to how it avoids negative situations and/or handles them when they arise. Whisper campaigns that warn against being alone in the room with Employee X or enable behavior by suggesting “that's just how Employee Y is” are often open secrets. Personnel files might prove to contain multiple infractions past and present that were “dealt with” through a slap on the wrist, the suggestion (but no enforcement) of counseling, or a simple “don't do that again.”

Forced social interactions to build relationships and a book of business can provide ready-made opportunities for potential misconduct. But those examples are within the firm itself. Add in the traditions of “wining and dining” clients to win business, combined with the pressure to keep it, and there would be few in the legal industry who couldn't tell a story or two of when the line for “acceptable” behavior was crossed.

Instituting a zero-tolerance policy for inappropriate conduct — and clearly defining what that means — is a start. Requiring regular harassment training for all employees is another critical step in the right direction, as is ensuring those responsible for human resources are adequately trained to receive and process complaints.

It's also important to know when to involve an independent resource (e.g., an anonymous hotline or outside investigator) to guarantee situations are handled without perceived or real bias. But, all the preventative measures in the world aren't guaranteed to stop every future infraction and they certainly can't go back in time and erase infractions of the past.

Communication

It would be foolish to discount recent proof that power and position are proving no match for social media, which immediately amplifies every thought, action, and reaction for anyone at any time in any place. It is critical that firms have a strategic communication plan in place that outlines how to execute the rapid release of reliable information to both internal and external audiences. It needs to include a method to receive questions, an anticipated schedule for updates, and a statement about established policies related to the situation.

Failing to respond swiftly with credible facts and appropriate sentiment almost guarantees an irretrievable loss of message control, setting off a chain of events that could sink an entire firm and its workforce — most of whom will have had no knowledge or participation in the situation that ended their current career.

It might be cliché, but we are living in unprecedented times. Those who authored, defend and prosecute under the current rules of conduct are undoubtedly looking at their own behavior, as well as those around them, thinking “Who's next?” Indeed, the current landscape now makes it imperative for firms to strengthen their policies and reaffirm their lack of tolerance for anything that does not enhance the lives of their staff or provide a stable, trusted environment for client work to flourish.

Smart firms understand that it all starts with having a plan to encourage communication and transparency — on every level.

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John Hellerman is the President of Hellerman Communications, positioning professionals to win business and navigate crises. He can be contacted at [email protected].