Barristers have criticised tough new disciplinary rules that they fear will mean a year’s suspension for rude jokes.
Leaders of the tribunal that hears professional misconduct cases have stood by their proposals for dealing with sexual harassment claims, which one barrister labelled “virtue-signalling”.
There is growing concern that bullying and sexual misconduct are rife among the 17,500 practising barristers in England and Wales. In the past three years 84 have been sanctioned for professional misconduct; the tribunal says this is a reflection of high standards but may also be a result of under-reporting.
The Bar Tribunal and Adjudication Service is proposing a suspension of at least 12 months for sexual misconduct. At present penalties start with a reprimand and fines of up to £3,000.
Representatives of two of the historic inns of court, Inner Temple and Gray’s, have complained that the punishment would be disproportionate for less serious offences. Responding to a consultation, representatives of the inns said: “This could include . . . telling a crude joke, wolf-whistling, sending a message of a sexual nature on social media or consensual sexual activity with a partner in a public place.”
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Another respondent said that sexual comments that were not found to be grossly offensive should not fall within the category of “misconduct of a sexual nature” unless the conduct was connected to professional life. The rules cover text messages and images as well as personal interaction.
There was broad support for the categories of punishment, according to the tribunal, and they are due to take effect in January. “We recognise these bands cover a wide range of types of conduct, but we cannot agree that what is termed ‘low-level’ misconduct in some of the responses should attract lesser sanctions,” it said.
The tribunal added that the rules aimed “not only to reflect the nature of the behaviour but to send a clear signal” that sexual misconduct would not be tolerated.
One respondent described this as “virtue signalling”. They argued that sanctions should be based on the facts of the case “rather than being used to send a signal to the public”, the consultation report said.
Behind the Gown, which campaigns against sexual harassment at the Bar, backed the rules and called for the regulator to force those found guilty of sexual harassment to undergo training after returning from suspension. According to the report, the group said that the requirements would be aimed at “re-educating and remediating offending barristers, while conditions on practice could be used to prevent . . . barristers who have been found to have committed sexual assaults from acting in criminal sexual offences cases”.
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Barristers found guilty of dishonesty, such as by falsifying documents or lying, will be disbarred unless there are “exceptional circumstances”.
