Magic Circle partner sexually assaulted me, lawyer tells parliament

A lawyer has told parliament that they were sexually assaulted by a Magic Circle partner while a junior member of the team, and then gagged with a non-disclosure agreement.

The claims were made in a submission to the Women and Equalities Committee, which is conducting an enquiry into workplace harassment. The unnamed and ungendered solicitor, 'X', who no longer works at the unidentified Magic Circle firm, said the assault represented a serious breach of privacy and caused significant harm to the lawyer's mental health. X declined to give specific details of the experience because, the solicitor said, "I remain committed to the individual concerned being appropriately sanctioned" and feared jeopardising a possible future tribunal or trial.

However, X detailed how the firm's treatment of the complaint "significantly contributed" to the distress of the episode. The associate described feeling "compelled" to enter into a non-disclosure agreement, which forces X to seek permission from the firm whenever they want to share certain details of the assault with other parties. "There were particular points raised by the firm in relation to the confidentiality undertaking which caused me particular concern", said X, "which again I am unable to comment on due to such actions being the subject of continued investigation”.

The firm ensured her testimony was mostly "Mm-ddhhmm" and "Hm-gm-dm-fmm".

X said that it was "clear" that the Magic Circle firm was lacking in the expertise to deal with a claim of serious sexual misconduct, and that the lawyer had reported the firm to the SRA.

Last year RollOnFriday revealed how a senior Baker McKenzie partner had sexually assaulted a junior lawyer who was subsequently silenced with an NDA*. It lead to a string of stories highlighting the prevalence of sexual assault, sexual harassment and the use of NDAs in the legal profession. Suggesting proposals for detailed policies on the subject, X said there was a particular need because incidents of sexual misconduct were "rife" at large City firms, where there was a "culture of excessive consumption of alcohol".

None of the Magic Circle firms leapt at the chance to tell RollOnFriday that it was them.

*Days after RollOnFriday pressed the SRA on its failure to explicitly address the rights of gagged victims to report attacks, the regulator released new guidance warning firms against using NDAs to prevent complaints being made.

Comments

"A lawyer has told parliament that they were sexually assaulted by a Magic Circle partner..."

What?! All of parliament!

I'd wager none of us reading this are in any way surprised or find it implausible. A clean up is long overdue.

I can think of a few people who instantly come to mind for both X and the partner involved. Which says it all really.

It is ridiculous that as a matter of contract law a person can be in breach for reporting a crime. The government should legislate to make that kind of provision unenforceable on public policy grounds.

All sadly very unsurprising. Low level sexism, misogyny and harassment evident in the two firms I have worked at and passed without comment or much interest. Can't imagine that too many firms take the more serious stuff very seriously either.

Ah! They've complained to the SRA. Well that will definitely lead to a speedy conclusion ... bring on RoF update on this one in 2025.

Seriously tho, X, if you're reading - and it sounds like you're fairly sensible - I hope you've reported this to the police if you want "appropriate" sanctions.

It doesn't sound as if anyone is leaping at the chance to further give details about this, either the Magic Circle firms or the accuser.

Is an NDA enforceable if it is breached to report a crime? Sorry, but I must admit to being unaware of the law on this.

I also experienced low level sexism, misandry, and harassment in a firm I worked for. Most of it passed without comment or was encouraged. Complaints about this and more serious stuff weren't taken seriously. It was the last time I ever took a job in HR.

Its plausible that X was sexually assaulted and the firm coerced them into signing an NDA. Its also plausible that they weren't and the firm didn't coerce them into signing an NDA. Without further information its difficult to tell.

Yeah, here's a tip - if you don't want to encourage a culture of abuse, please stop participating in hiding it. If you really believe in #METOO and feel any responsibility towards future victims, forego the big compensation payday that obviously and quite reasonably comes with an NDA and name, shame & report to SRA & Police. Oh, and please remember, if you do want the money, don't later whine about the terms you freely signed up for to get at it - its not terribly clever or believable pretending you were 'coerced' when you are a magic circle lawyer, and one undoubtedly advised by your own lawyers at the time.

To suggest that submitting anonymous evidence to a parliamentary committee is 'participating in hiding' sexual abuse is genuinely absurd. Anything submitted to a parliamentary investigation is subject to parliamentary privilege, and as such cannot be relied upon in court.

This person clearly states that the investigation is ongoing, which is why, I presume, they are unable to give more specific detail via this forum.

The committee also expressly requests via their website that those submitting evidence do not focus on personal detail or experience, given that ministers are unable to comment on or influence individual cases.

You seem certain that this person accepted money from the firm. What makes you think that? There is no indication of that whatsoever in the submission, and so making a presumption in this regard is hardly fair.

Perhaps consider educating yourself before casually blaming the victim.

Unlikely that there wasn't a payment in exchange for signing the NDA though.

We don't know who the victim is at this stage.

@11:34 singing up to an NDA is obviously acquiescing in the in hiding abuse, duh. If you think for a second that this person didn't get a compensation payout, and the NDA wasn't a part of that, you really are absurdly naïve.

I am blaming the victim. I'm blaming them explicitly for facilitating the abuse by the partner and people like them of their future victims. Great that they have now found enough courage to want to make it public, but pretending that the initial cover-up and NDA was not partially their responsibility is just shoddy.

@13.20

It is easy to judge and blame from afar, under the guise of 'anonymous user'. If you're so certain of your own views, I would suggest making these offensive comments in your own name.

Victims of sexual assault and harassment should never be blamed. I would suggest directing some of your vitriol towards the harasser / abuser.

@13:51 Nope, victims get to take responsibility for their own actions like everyone else, especially if they are educated professionals who can make a difference. I want this scourge of harassment to end, and the only way that is going to happen practically is by victims standing up and taking public action against the perpetrators as a matter of course, rather than taking the money and thus acquiescing in the cover-up and facilitation of future abuse, like this person appears to have done. Sorry if that hurts anyone's fefes, but I'm thinking the fefe's of the next victim and the next and the next kind of outweigh yours by a very, very wide margin.

@16.53

How convenient and straightforward for you, that you view this issue so simplistically.

Educate yourself on the complexity of these issues: https://rapecrisis.org.uk/

@16.53 Why don't you 'take responsibility' for these views and post under your real name?

To the person asking other commenters to name themselves - you don't name yourself, neither does the complainant in the article or any other commenter on the article. I would strongly advise that nobody gives out their personal details in response to requests like this as they could be misused.

I take the point about signing an NDA potentially allowing people to do the same thing to someone else (although it isn't given they will), but I can also see the view of people who take the money and sign an NDA as this can bring closure. I was sexually harassed at a firm I used to work for and although I appreciate that this is very different to sexual assault (as has been alleged in the case here) or rape, I would have probably signed an NDA given the chance, as I would see this as an admission of guilt to some extent. Even as a victim of sexual harassment, I understand the need for a fair process to be followed due to the high volume of false accusations, but removing NDAs or other forms of settlements will mean that the accused will be inclined never to admit their guilt and will fight the case for years through the courts given what they have to lose. They will often be supported by their firm in doing this. As a result, without reaching some agreement, it will often be the case that, in addition to innocent people wrongly being found guilty, guilty people will get away with things.

Comments

Related News