Neil Sands
The New Zealand Law Society (NZLS) has refused to provide an update on disgraced lawyer James Gardner-Hopkins’ bid to rejoin the profession, more than nine months after his application was lodged.
Gardner-Hopkins, a former partner at Russell McVeagh, was suspended for three years in 2022 for sexual misconduct against summer interns at the firm, in a case that rocked the legal profession and led to widespread scrutiny of workplace culture.
He lodged an application to practise again when the suspension expired in March this year, which went to the NZLS’s Practice Approval Committee.
The committee’s deliberations take place behind closed doors and the NZLS last provided an update on Gardner-Hopkins’ request in July, saying “the application process remains ongoing, and no decision has been made”.
It also said there is no obligation to inform the public about the outcome and the question of whether or not to publish its decision is a matter for the committee.
LawNews asked the NZLS for an update on the progress of Gardner-Hopkins’ application on Wednesday, after the Lawyers & Conveyancers Tribunal cited it in a decision about a porn-addicted lawyer.
NZLS General Manager of Marketing & Communications Belinda Ryan sent a statement saying, “there is no update we are able to provide at this time”, along with a link to generic information about the committee’s application process.
Subsequent requests from LawNews for clarification about whether the application had been decided or is still being considered were rebuffed.
The refusal to reveal the application’s current status is despite a number of leading women’s legal groups expressing concern at the prospect of Gardner-Hopkins practicing again.
In a submission to the NZLS, the NZ Women’s Law Journal said that “issuing a practising certificate condones sexual assault and harassment within the profession, writ large”.
The Auckland Women Lawyers’ Association (AWLA), Wellington Women Lawyers’ Association (WWLA), and Aotearoa Legal Workers’ Union (ALWU) have also publicly opposed Gardner-Hopkins’ application.
‘Incalculable impact’
Gardner-Hopkins’ case returned to the spotlight when the Lawyers & Conveyancers Tribunal cited it in decision published on Wednesday about a lawyer who traumatised female staff at his firm by watching pornography at work.
The man was censured, suspended for three months, banned from practising on his own account and ordered to pay more than $25,000.
In 2022, Gardner-Hopkins was suspended for three years and ordered to pay almost $110,000 after the tribunal found him guilty on six counts of sexual misconduct against five summer interns at two Russell McVeagh social events in December 2015.
Four of the women were subjected to intimate non-consensual touching and a fifth engaged in consensual sexual activity with Gardner-Hopkins.
The tribunal found the power imbalance between the young women and Gardner-Hopkins, a partner, was an aggravating factor in the offending, citing evidence of the “incalculable impact” on the victims.
The standards committee which originally examined the complaints against Gardner-Hopkins wanted him struck off permanently, but the tribunal decided on a two-year suspension, which was increased to three years on appeal.
To regain his practising certificate, Garner Hopkins must convince the Practice Approval Committee that he has undergone sufficient treatment and therapy that he is not at risk of reoffending.
The tribunal outlined a potential pathway for his return to the profession, which included providing reports from a mentor and therapist to the Practice Approval Committee.
‘Black box’
In its July update, NZLS said the committee dealing with Garder-Hopkins application “considers all relevant information and makes necessary inquiries, including reviewing submissions made on the application and obtaining any reports that may be required from independent experts”.
NZLS on Wednesday declined to say whether the five-person committee – comprising Truman Wee (Convenor), Deborah Henderson, Andrew Logan, Frazer Barton, and Rasela-Joy Gibson – had finished gathering information and is ready to make a decision.
In its submission on the application, the Aotearoa Legal Workers’ Union criticised NZLS’s record in such cases.
“Historically, the Law Society has not dealt with sexual misconduct claims with the seriousness or timeliness that justice and safety demand.” it said. “At its most basic level, to fulfil its function as a regulator the Law Society must ensure the fit-and-proper requirement is an effective, serious test to uphold the safety of members and clients of our profession.”
An independent review of regulation in the legal profession completed in 2023 questioned NZLS’s transparency.
“A key concern raised by many through our consultation process was that the Law Society was seen as a black box. Decision-making processes are opaque, and there is no ability to interrogate decisions made by the Board or Council or by delegated Law Society staff, due to a complete lack of public information.”
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