Female lawyers share list of 'gatal' colleagues to avoid harassment

Female lawyers have devised an informal way of protecting each other in the face of predatory behaviour from some of their colleagues, especially at social events involving the legal fraternity.

As several female lawyers told Malaysiakini, this includes warning new team members of potentially shady colleagues, as well as setting up an informal network to share incidents of harassment and alleged perpetrators.

Declining to be named for fear of repercussions, the lawyers chose to speak out about their experiences after one of their colleagues lodged a police report alleging that she was groped by another member of the fraternity at the Criminal Lawyers’ Annual Party on June 22.

One lawyer said that she was warned early in her career of several individuals who had a reputation of behaving inappropriately or being “gropey when drunk” so she could avoid them at social gatherings.

"It's a kind of heads up, and when I became more senior, I would share the same advice with more junior lawyers. 

"It’s like passing down wisdom on whom you should avoid," she said.

Others shared how they would avoid social events or afterparties at official Malaysian Bar events for the same reason.

"It (incidents of harassment) is rampant, but you won’t notice it if you’re not young or female," one lawyer said.

A list of 'gatal' men

A junior lawyer told Malaysiakini she is part of an informal network of female junior lawyers who update each other when they face harassment.

"We have a list of lawyers to watch out for when we attend parties. Like a list of 'gatal' (randy) men. Those we have to be extra careful with," she said.

There are fewer than 10 lawyers in the list, the lawyer added, noting that most are senior lawyers.

"When we encounter them (at events) we move in a group and try not to speak with them."

The list is carefully guarded and only shared among a trusted circle, the lawyer said, "because we also don’t want to hurt their professional reputations."

She added that the group also keeps a watch over younger female lawyers or chambering students, and tries to "rescue" these women when they are approached by the listed individuals.

"I'd maybe join the conversation or make friends with the younger lawyer and then, we would warn her about the person. We’ll sometimes also recruit them into our network," she said.

The lawyer added that even the organisers of such social events are aware of predatory behaviour and try to keep individuals with reputations away from young female lawyers.

Following the lodging of the police report last week, organisers of an upcoming industry social event sent out a notice to remind everyone that sexual harassment would not be condoned.

"I have never seen such a notice sent out before," the lawyer said.

Easy targets

A survey conducted by the Association of Women Lawyers (AWL) found that one in threelawyers in Kuala Lumpur and Selangor have experienced sexual harassment.

AWL said the issue is a "problem" at the Malaysian Bar, while president Abdul Fareed Abdul Gafoor said such behaviour would not be tolerated.

Young female lawyers are often "easy targets" for such harassment because they are unaware of the shady reputations of some senior colleagues.

They also attend more events to make contacts and establish themselves in the industry.

Junior lawyers or chambering students are also less likely to speak out for fear of sabotaging their budding careers.

In one incident recounted to Malaysiakini, a junior lawyer was told by a senior colleague at a conference that she looked "delicious," which was followed by a lewd and vulgar remark.

"I was shocked and couldn’t respond, and it upset me for days after. I felt violated and felt that my silence would lead him to believe that such behaviour was acceptable.

"I sought advice from a senior partner at the time, sharing how I felt and saying how I wanted to write to the lawyer telling him the remarks he made were inappropriate and uncalled for.

"But the partner said I should think twice, because this person is quite established, and it might affect my future," she said.

'He put his hand on my back and unhooked my bra'

Most harassment incidents recounted to Malaysiakini involved junior lawyers or chambering students, with the alleged perpetrators being senior lawyers or partners in a law firm.

In one case, one junior lawyer said she was "targeted" even before she started the nine-month chambering required before being called to the Bar.

Having completed her law degree, she attended the gathering in hopes of meeting people from the industry.

"During the party, a group of us were seated on a sofa. A lawyer sat next to me and suddenly, he put his arm on my shoulder.

"I felt strange about it but didn’t want to create a scene. So I just subtly moved my body away. Then he put his hand on my back and unhooked my bra.

"Luckily my friend saw that happen and pulled me away from him. Later, the man just pretended that nothing happened and when the party ended, everyone left without incident. There were no apologies.

"I feel like I was targeted because I was not even a pupil at the time. To this day, I still try to avoid him," she said.

The lawyers who shared their stories with Malaysiakini agreed that they experience significantly fewer incidents of harassment as they rose in seniority in the field.

This also gave them the confidence to call out harassment, especially when it comes to inappropriate remarks made during social gatherings or conferences.

'Honeypots' to attract clients

Harassment comes in various forms, ranging from ogling, making lewd remarks, "wandering hands" to outright molestation, the lawyers said.

In some cases, young female lawyers are used as 'honeypots' to attract clients, exposing them to inappropriate behaviour.

One lawyer recounted how female lawyers were told to entertain clients at a karaoke joint or go for one-on-one dinners with clients, which appeared more like dates than professional meetings.

She said she would be removed from having to deal with a client if she complained of being uncomfortable, but the firm will not cease business with a client for this reason.

Most of those who spoke to Malaysiakini, however, said they received harassment from other lawyers, either at social gatherings or in the office.

One lawyer recounted how she was smacked on her buttocks while working at a law firm as a chambering student in two separate incidents.

"(The first time) I was shocked and told him off. He said he was only playing, so I gave him the benefit of the doubt. I told him never to do this again."

But he did it again a few months later, while she was helping him with some photocopying.

"He picked up some draft paper, deliberately rolled it up, and hit me on my butt in full view of everyone. The photocopier was in the middle of the whole department. I was humiliated," the lawyer said.

She raised the issue with a partner, but no action was taken.

The perpetrator, also a chambering student at the time, was retained in the firm and became a partner soon after, while the complainant declined an offer to remain with the firm.

"The offer to retain me was made without even acknowledging what had happened to me," she said.

Leaving the job

For many women lawyers facing harassment at work, leaving a firm is the most viable option, while some even contemplate leaving the industry altogether.

The AWL survey found that less than half of the law firms in Kuala Lumpur and Selangor have a policy against sexual harassment.

But even those who work at firms with such a policy would not find it a viable option.

"It would be career suicide," one lawyer said, especially if the perpetrator is a superior at a firm.

"Merely calling the perpetrator out on his behaviour may lead to him not giving you files (to work on), or keep you off a big case which may involve late nights or outstation trips because he doesn’t want trouble... imagine making a report."

The power dynamics of a law firm is also different than in a corporate setting, the lawyers told Malaysiakini.

A partner is not another employee at a firm who could receive disciplinary action, but is the employer, they said.

Stigmatised in a small industry

They also said that reporting to the Bar Council would stigmatise them in a relatively small industry, and may not actually stop the harassment.

This is especially if the harassment involves ogling or even sending unsolicited messages via social media messaging applications to suggest casual sex.

For example, in one case, a lawyer mulled reporting a senior lawyer she had scant prior interaction with, for sending her a message suggesting casual sex.

She finally decided against it because she was not confident that it could be proven as harassment.

"It could be argued to have been a joke or an imputation, so it would be hard to prove. And you would be going up against lawyers which is the worst thing.

"For example, they might file a suit to say you are defaming them. It is very dramatic to go to the Bar Council and everyone will be talking about it," another lawyer said.

There is also the concern of damaging the perpetrator's professional reputation.

One lawyer said that she decided to raise an incident of harassment in an informal conversation with a superior instead of making a formal complaint because she did not want to harm the perpetrator’s career.

"I didn’t want him to go to jail or anything like that. I just wanted him to stop, and I think for most of us, we just want the harassment to stop," she said. - Mkini