New York Lawyer
October 26, 2006

Q:
A client is coming on to me, and he�s very powerful, gives my firm a lot of business. I�ve mentioned this to a couple of people in my firm, which is about 30 lawyers, and said that he seems like kind of a creep, but I haven�t gotten much of a response. I think they�re scared to alienate him. Any suggestions, as I�m getting �uncomfortable.�

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A:

These situations are always difficult, as there is a conflict of interest between your concerns and the firm�s.

Let�s start from the legal angle: the law makes the firm just as responsible for client harassment as for colleague harassment, assuming they know or should have known. (And they know!) You can also, of course, make a direct complaint pursuant to your firm�s sexual harassment guidelines, assuming they have a published policy. (Indeed, if the firm has a policy, which requires that you make a direct complaint, theoretically their duty to act, such as to conduct an investigation, is only triggered upon getting a complaint. However, if the knowledge is widespread, they can�t necessarily take refuge in whether or not you lodged a direct complaint, as they �should have known.�) Even if there are no guidelines, obviously you can make a direct complaint, at which point the firm would investigate.

However, you can also try some pre-emptive actions of your own so that the guy gets the idea and stops annoying you.

Depending on your seniority, personality and other factors, you can consider telling the client politely that he makes you uncomfortable. In my experience, most people don�t want to do this and don�t believe they can pull it off; they also don�t want to put themselves in the position of alienating a powerful client, as oftentimes those in their firms won�t necessarily be understanding or supportive. (This leaves aside the fact that such a reaction is illegal on the firm�s part, but is sadly sometimes the reality.)

Time-honored approaches are to discuss your husband/boyfriend/partner frequently; tell the creep that he reminds you of your father/uncle/grandfather; communicate as much as possible by email rather than phone or in person; try to avoid being alone together; if alone with him, avoid any hint of physical contact, personal talk, etc.; and even if you�re not going to complain about sexual harassment, insist that someone accompany you as you are �uncomfortable.�

If the supervising partner is not responding to your concerns, tell others who have power, or are close to people in power, that you are uncomfortable and concerned. They may pass this information along and it can be brought to light indirectly. Often a firm representative then chooses to have a heart-to-heart with the fellow and explain that his behavior is an issue.

Sincerely,
Holly English
Principal Consultant, Values at Work