The New South Wales Bar Association has lost an appeal seeking a financial penalty and a professional reprimand against a Sydney barrister for his “poorly judged, vulgar and inappropriate” behaviour, with an appeals court finding damage to his reputation and a hike in his insurance premium dwarfed any punishment it could dole out.
An appeals court hearing the case of a barrister who allegedly made a sexual comment to a clerk while intoxicated at a dinner following a legal industry event has questioned how a professional reprimand can serve a protective purpose if the person remains unnamed.
A barrister who allegedly pushed an assistant clerk’s head while making a sexual remark at a professional dinner should have been found to have engaged in professional misconduct, the Council of the NSW Bar Association has told an appeals court.