Sexual harassment has likely existed since ancient times, but only recently have laws clarified what it means. It involves any inappropriate sexual advances, either through words or actions, towards a person you have a professional relationship with. As a lawyer, you are not exempt from being accused of sexual harassment.
People often see lawyers as community leaders, and accusations of sexual misconduct can ruin your personal and professional reputation. If you are a lawyer facing such claims, you should hire a skilled sexual harassment lawyer experienced in these matters to defend your rights.
We at Sexual Harassment Attorney possess specialized skills and resources to build a strong defense strategy. Instead of trying to defend yourself, you can rely on our expertise to address the accusations against you.
Sexual Harassment in the Legal Field
The Me Too movement has encouraged many to speak out against acts of sexual misconduct that happen in the workplace, including in the legal field. The legal field is prone to these allegations due to the personal and confidential nature between the attorney and their clients. However, it has also created misinterpretations about what actions the law considers sexual harassment.
According to the American Bar Association’s Model Rules of Professional Conduct Model Rule 1.8(j), lawyers are not allowed to have sexual relationships with their clients unless a consensual relationship existed before the lawyer-client relationship started. Before 2002, the American Bar Association did not have a rule that prohibited sexual relationships between lawyers and clients. Most states did not have clear rules on sexual harassment issues and relied on other professional conduct guidelines when there were conflicts in the workplace.
The most recent update to a state regulation occurred in California in May 2018. The old rule permitted lawyers to engage in sexual relationships with their clients as long as they did not propose such relations before taking on the client. The California State Bar Rule 1.8.10 does not allow lawyers to have sexual relationships with clients unless the relationship started before the lawyer began representing the client. This change caused a backlash among some lawyers and clients in California, who believed it violated privacy rights. There was concern that unhappy clients might use this rule to take revenge on their lawyers.
However, these rules are in place to ensure that personal feelings do not interfere with a lawyer’s ability to make reasonable decisions. It also protects clients from exploitation because of the power difference in the lawyer-client relationship.
Allegations of sexual harassment could arise from the following issues:
Power Imbalance Between Lawyers and Clients
Lawyers hold much power and can rise to influential positions in government and society. Unlike your clients, you often have the upper hand because clients rely on you for legal issues and trust you to maintain confidentiality. Lawyers also have more knowledge of legal matters, a higher social status, and education, which makes them dominant in attorney-client relationships.
When clients first approach an attorney, they are usually vulnerable. Due to their desperation and the legal expenses, some may do whatever it takes to maintain legal representation. Practice areas like criminal and family law typically see problematic attorney-client dynamics, as clients in these fields are particularly vulnerable.
Transference
Transference is when people project their feelings, expectations, and desires onto someone else, often someone they see as important. Sigmund Freud first introduced this concept. During transference, someone might feel like they are reliving their past again, as another person’s words or actions can trigger old memories. This experience can create an “emotional time warp,” where past emotional needs resurface in the present. While transference can help clients feel more at ease, it can also obstruct their progress.
In the context of lawyers and clients, transference can lead clients to view their attorney as a “savior.” This case may result in romantic feelings towards their attorney. It could make them vulnerable to inappropriate advances from their attorney, and they might even initiate such advances themselves.
Countertransference
Countertransference is a psychological issue that lawyers must be cautious about. The American Psychological Association describes countertransference as the lawyer’s unconscious and sometimes conscious reactions to their clients and the client’s feelings towards them. These reactions stem from the lawyer's needs and are shown through their responses to the client’s behavior and shared thoughts.
In the legal field, the Therapeutic Jurisprudence approach encourages lawyers to understand how practicing law impacts the mental health of their clients and others involved in the legal field. Lawyers must know they are not just passive observers; they can project their biases and relate the case to their personal experiences.
Signs of countertransference can include feelings of sexual attraction, anger, grief, excessive involvement in a case, or any reaction that seems disproportionate to the situation. In cases of attorney-client sexual relationships, an attorney might feel pleased by a client’s admiration and mistakenly interpret those feelings as romantic interest.
Types of Sexual Harassment in the Legal Field
There are two primary types of sexual harassment allegations you could face at work:
Quid Pro Quo Sexual Harassment
Quid pro quo harassment usually happens when someone in a higher position offers job benefits in exchange for sexual favors. Co-workers on the same level usually cannot commit quid pro quo harassment since neither has power over the other. You can face accusations of pressuring a colleague or employee to accept sexual advances in return for career benefits. Common examples include:
- Supervisors offer salary increases or bonuses in exchange for a sexual relationship.
- A boss promises an employee a better work environment if they grant them sexual favors.
Hostile Work Environment
The second type is a hostile work environment, which arises from someone’s sex or gender identity. Examples include:
- Unwanted physical contact from a colleague or supervisor.
- Showing sexually explicit images at work disrupts someone else’s ability to perform their job effectively.
- Inappropriate sexual jokes. While humor can create a friendly atmosphere, sexually offensive jokes can make others uncomfortable and detract from a professional environment.
Attorneys and Workplace Sexual Harassment
Sexual harassment can be subtle but is still a serious form of discrimination. It may not always arise from sexual desire. Sometimes, it is about exerting power over the victim. Supervisors or employers in the legal field may target and mistreat employees based on their gender or sexual orientation. Examples of illegal sexual harassment in the workplace include:
- Making comments, slurs, or jokes based on someone’s gender
- Sending inappropriate emails or texts
- Engaging in lewd conversations
- Sexual assault
- Threatening demotion for refusing advances
- Offering job benefits in exchange for sexual favors
- Displaying sexually suggestive texts or images in shared spaces
- Repeatedly asking someone out
- Posting explicit content or videos in work areas
- Inappropriate touching
- Unwanted flirting
Victims should note that not every joke is considered sexual harassment. It becomes illegal when the behavior makes the workplace so uncomfortable that a reasonable person cannot tolerate it. If you own a law firm, you must take steps to ensure a harassment-free workplace. The court could hold you responsible for your employees’ actions or how clients treat your staff. To protect your business, implement processes for handling complaints and provide training on sexual harassment.
The law also protects employees who speak out about workplace issues from retaliation or negative consequences from their employers. Employees should feel encouraged to express their concerns and report issues.
Also, victims should note that a single incident is usually not enough to be classified as sexual harassment unless it is serious. Courts often assess how often the behavior occurs. Several incidents or complaints against a harasser can build a strong harassment case. When the court finds a lawyer guilty of sexual assault, they can lose their state bar professional license.
The Civil Litigation Process
The following are steps involved in the civil litigation process of a sexual harassment case:
Pleadings
The civil lawsuit starts when the plaintiff submits a formal complaint to the court clerk. This complaint outlines the events that prompted the lawsuit. After this, the prosecution will inform the defendant about the lawsuit against them. The defendant then responds by filing an answer or motion to present their perspective or challenge the plaintiff’s claims. After this, the court will determine its authority and the venue for the case.
Discovery
The civil litigation process is quite complex and involves both sides needing to discuss the case. It helps identify the main issues and areas of disagreement, start planning for discovery, and consider settling outside court. Depending on the details of the case, the discovery phase can take a long time because both sides must share the information they will present as evidence in court. If there is a lot of evidence the investigators need to look at, they can extend this phase.
Since both sides need to be fully transparent, having a skilled civil litigation lawyer is crucial. They can provide valuable guidance on how to handle the situation. By reviewing the evidence the other side intends to use against you, you can better understand their strategy and prepare your defense.
Pre-Trial
After the discovery phase, the court will arrange an early pretrial meeting where both parties talk with a judge about the case. The goal of this meeting is to see if the case can be resolved without going to trial, especially if there are no major disagreements. In some cases, the issues may be unclear, and this meeting helps the judge understand the main points of conflict before the trial starts.
Trial
If you cannot resolve your case, it will proceed to trial. During the trial, each side presents its arguments and evidence to a judge in a structured way. The judge will take time to decide if the defendant is responsible for the sexual abuse and the plaintiff’s damages, and if so, how much compensation the plaintiff should receive.
Appeals
After a ruling or verdict, either side can decide to appeal. This action allows them to present their case again, which might change the judge’s decision. Appeals focus on oral arguments that explain why the original judgment was unfair or insufficient and suggest a different judgment for the court to consider. The decision made by the appellate court is final, meaning it must be followed, and the legal process ends.
Defending Yourself Against Sexual Harassment Allegations
If you have ever made a client, colleague, or employee feel uncomfortable, you should apologize and assure them it will not happen again. It is better to address the issue early rather than escalate it and risk losing your job. Being fired for sexual harassment can hurt your chances of getting hired in the future, as employers typically avoid candidates with such a background.
If you are an attorney facing false accusations of sexual harassment and your actions were not meant to cause harm, there are steps you can take to fight the claims. Several defense strategies can help you fight these accusations, including:
Consulting With a Sexual Harassment Attorney
If you are facing accusations of sexual harassment at work, you should take them seriously. When a claim is made, a human resources representative will inform you. After receiving this notification, contact a criminal law attorney to review your case. Share all relevant details about your relationship with the person making the claim and the specifics of the allegations. Being open with your attorney helps them understand your situation better. You should also mention any actions that might have contributed to the claims and any information provided by HR. The more your attorney knows, the better they can assist you.
If you are innocent, the truth will emerge after a thorough investigation by HR or the EEOC. However, hiring an attorney can be beneficial if you believe some issues must be addressed. While legal fees can be high, it is often worth it to protect your job from false sexual harassment allegations.
Work Closely With the Investigators
Investigations may not always be flawless, and mistakes can happen. If you are wrongly accused of sexual harassment, the best approach is to cooperate with the investigators and share all requested information fully. The truth will emerge by demonstrating transparency and offering evidence to back your claims. For example, if you assert that a sexual act took place on a specific date, you might have proof showing your alibi at that time. Providing this evidence can help establish your innocence. You can also consider listing coworkers or witnesses who can support your side of the story.
Your Actions Were Not Driven By Sexual Intent
If you are known for being funny and your humor has stayed with you over the years, you might notice that not everyone appreciates your jokes. Some people can be offended by anything you say. You might have made a joke that crossed a line, but did you mean to upset anyone? If your intention was not to offend and your comment was not aimed at anyone specific, you could still face consequences if you had been asked to stop or if this has happened multiple times. However, if it was just a one-time thing and did not create an uncomfortable situation at work, it likely would not be seen as sexual harassment.
If you express yourself through touch, like poking someone to get their attention or giving a friendly pat on the back, your gestures might be misunderstood. If a coworker or employee asks you to stop and you keep touching others despite knowing it makes them uncomfortable, you could face charges of sexual harassment. However, if you give a light pat on the back and someone reports it to HR, it will not be seen as sexual harassment. The behavior must be serious enough to create fear, offense, or significant discomfort.
The Accused Gave Their Consent
If the plaintiff had consented to crude jokes or allowed you to touch their buttocks, you cannot be charged with sexual harassment. However, if you keep doing it after being asked to stop, it becomes unwelcome, and you could face charges of sexual harassment.
The Complainant Changed Their Mind
If you are involved in sexual activities with a coworker and they later feel differently, they can accuse you of sexual harassment for actions that were consensual at the time. You can dispute false allegations of sexual misconduct if you can show that consent was given. You can support your case with text messages, emails, notes, letters, or witnesses that demonstrate you had consent before the sexual activities.
You Handled the Situation Properly
As an employer, you should respond swiftly when a sexual harassment allegation is reported to your HR department. You must initiate an investigation once you are informed of such an allegation. In some cases, suspending the employee involved during this process may be necessary, or you might choose to implement sexual harassment training. Employers can be held accountable for actions taken by employees or others in the workplace. If you followed the proper procedures to address the issue, you may not be held responsible for the allegations.
Contact a Sexual Harassment Law Firm Near Me
If you are a victim of sexual harassment by an attorney or an attorney facing these charges in California, you should seek help from a qualified sexual harassment lawyer.
We at Sexual Harassment Attorney are committed to holding those responsible for harassing others accountable, using the rights provided by California’s Victims Bills of Rights and the 7th Amendment of the US Constitution. Our team has the expertise and resources to manage cases of attorney sexual harassment. If you have been wrongly accused, we can help you prove your innocence and help you retain your professional license and reputation. Call us today at 800-905-1856 to talk with our skilled sexual harassment legal team.
