Two Australian barristers, Perry and Squirrell, were disciplined by the Victorian Civil and Administrative Tribunal (VCAT) for posting a homophobic note in office elevators. The note, deemed offensive and demeaning towards the LGBTQI community, prompted investigations by the Victorian Bar and the Legal Services Board and Commissioner.
Squirrell printed and posted the offensive letter, while Perry authored it. Initially, Perry claimed the email was meant as private humor, but later acknowledged its offensive nature. Both admitted guilt to professional misconduct.
VCAT found the conduct objectively offensive and demeaning, constituting discreditable conduct. Both barristers received reprimands, were ordered to complete continuing professional development units, donate $5000 each to the Fitzroy Legal Service Q+ Law program, and pay costs of $2145 each.
The case underscores the importance of maintaining professional standards and respectful workplace environments within the legal profession. The incident also sparked debate regarding investigations into barrister emails and the line between private communication and professional misconduct.
The tribunal said Squirrell had admitted to printing four copies of the letter at home and then posting them in the lifts on August 10, 2022.
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The disparaging notes sparked widespread outrage in the legal community and led to investigations by the Victorian Bar and a highly controversial decision by IT provider Barrister’s Chambers Limited to search the email records of its client barristers.
The search discovered the email from Perry to Squirrell, according to the tribunal’s findings.
The investigation was eventually picked up by the Legal Services Board and Commissioner, which demanded answers from Perry and Squirrell.
Initially, Perry admitted to the Legal Services Board that he had sent the email but claimed the communication was private and intended “to poke fun rather than cause offence”, according to the VCAT findings.
Later, in a statutory declaration, Perry acknowledged the letter was offensive.
“Mr Perry clarified that he was the sole author and creator of the notice and stated that his motive was to poke fun at political correctness and wokeism rather than cast aspersions at minority groups,” the tribunal wrote.
Perry also denied knowing who posted the note in the lifts, and Squirrell has said Perry was not aware of what he did.
Perry and Squirrell both pleaded guilty to one charge of professional misconduct.
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“The imputation of both deviancy and the unmeritorious receipt of briefs by barristers in the LGBTQI community is objectively offensive and demeaning,” the tribunal findings said.
“This conduct constitutes discreditable conduct which would reasonably be regarded as disgraceful or dishonourable by barristers of good repute and competency.
“The factual context of this charge is unique. It has the hallmarks of a university ‘prank’ were it not for the age of the protagonists and the offensive nature of the notice.”
VCAT reprimanded Perry and Squirrell and ordered they complete five “continuing professional development units”, donate $5000 each to the Fitzroy Legal Service Q+ Law program and pay costs of $2145 each.
Perry and Squirrell both declined to comment.
Neither has been subject to official disciplinary proceedings in the past.
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