Former Russell McVeagh partner found guilty of sexual misconduct at Xmas parties

June 24, 2021
Russell McVeagh’s former partner broke down several times today while apologising.

A former Russell McVeagh partner has been found guilty of sexual misconduct by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal over incidents at two Christmas parties in 2015.

Four young women alleged James Desmond Gardner-Hopkins, had indecently and/or sexually assaulted them during the functions in 2015.

Each of the complainants, all law students, had been summer interns with the Wellington branch at the time the events took place. 

Of the two social functions, the first had been the wider Russell McVeagh Christmas party, while the second was a smaller team party, of which Gardner-Hopkins was the leader of. 

The allegations range from putting a hand around their waists and placing hand on their pubic area, to touching their breasts and kissing them on their face while on the dance floor. 

Six   charges of misconduct were brought against Gardner-Hopkins by the National Standards Committee, on behalf of the New Zealand Law Society. 

The tribunal ruled that as the six charges could be proven, it decided to forego the need of the seventh, alternate charge. 

Gardner-Hopkins left Russell McVeagh in 2016 after another series of events involving a different intern.

The tribunal found the lawyer’s conduct in all of the six separate incidents had “met the test of being regarded as disgraceful or dishonourable”. 

It noted that the incidents were a black mark on the profession, emphasising the power imbalance for young lawyers. 

"It's a mark of shame for the profession that its most junior members have shouldered a burden of bringing these events to notice." 

The law tribunal said it was “a basic behaviour” expected from lawyers to be respectful and not abuse their position of authority. 

“There is no place for objectification of women or indeed any person, by those in the profession of law.” 

The top lawyer faces seven charges of misconduct, stemming from allegations from summer interns that he indecently assaulted them in 2015.

In it's decision, the tribunal noted that an important aspect of the case was that Gardner-Hopkins' conduct was not "unconnected with the provision of regulated services" as there was nothing disconnecting the Christmas function from work and therefore fell within professional boundaries. 

The tribunal also acknowledged the need for senior members of the profession to display "model behaviour," ruling he should have known about the power imbalance between partners and junior staff. 

Law Society President, Tania Epati said the ruling highlights steps that the legal profession are making in how it deals with sexual harassment. 

"The decision by the Tribunal sets a clear benchmark for the standards expected of lawyers, not only within an office environment but when attending work functions and events." 

The matter will now proceed to a penalty hearing. 

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