BIGLAW's Big Secret: Partners Sexually Assaulting Their Subordinates

Over the past decade, we have handled dozens of cases involving workplace sexual harassment and sexual assault. And this may shock you, but many of those cases come out of BIGLAW.

I would like to make one big clarification: In many of these cases, the defendants and the lawyers on the other side try to frame the case purely in terms of sexual harassment. But that is bullshit. When some workplace creeper is touching or grabbing another employee without their consent, that is sexual assault. Full stop. I cannot count the number of cases we've had where some smug corporate defense lawyer has tried to reframe the situation purely in terms of sexual harassment. Again: Bullshit. Harassment is verbal. Unwanted physical contact is assault. I'll break this out further below. Now, back to BIGLAW's big secret.

First, let's establish the parameters. In all of these cases (referring to cases we have handled), the perpetrator is a partner at a large or relatively large law firm. In all of our cases, that person has been a man. In all of our cases, the person who was harassed and assaulted was a subordinate. In almost all of our cases, that person has been a woman. In almost all of our cases, that person has been a legal assistant, paralegal, or member of the staff. In a very small number of cases, that person has been an associate attorney.

So, that's how this all starts. The BIGLAW partners who are perpetrators in these cases tend to be well-established. Almost always 50 years old or older. Many of them are in their 60s or 70s.

Typical Scenarios / Fact Patterns

• The senior BIGLAW partner has been at the firm for a long time. He is established. He is protected in some fashion. That means he is either a rainmaker, does critical work, has a bunch of dirt on the powers that be (knows where the bodies are buried), or is a beneficiary of nepotism (friends and family plan). As a result, he does what he wants and effectively answers to nobody.
• The staff member is most likely a woman who is significantly younger than him.
• The harassment often starts shortly after the staff member joins the BIGLAW firm.
• The partner often presents himself as a friend, mentor, and resource within the firm. He offers to help the legal assistant or paralegal get up to speed, learn how the firm does things, give her meaningful assignments, help her improve her work product, introduce her to colleagues, etc.
• The partner constantly finds reasons interact with the new legal assistant or paralegal. The partner constantly finds reasons to visit her office or call her into his office.
• The partner creates reasons / opportunities to spend extensive one-on-one time with the paralegal. Sometimes this starts as group outings. Group coffee. Group lunches. But then, it suddenly morphs into one-on-one coffees, one-on-one lunches.
• Some partners use the happy hour / drinking / social setting angle to push boundaries.
• There is the testing phase. The testing is a predatory tactic. The partner is basically trying to get a read on what he can get away with. What the subordinate employee will tolerate. The partner will always move the conversation into personal matters, especially relationships. If the subordinate does not immediately shut this down, then the partner will push even further and bring up sex. If the paralegal / assistant / subordinate does not shut this down, then the partner views this as green light, go.
• Several partners have used the "hug" approach. As in: The partner insists on getting a daily "hug" from the legal assistant. Over time, the hug became something totally different. It's a long embrace with the partner's hands all over the place. That is sexual assault.
• These partners would routinely find excuses to go into the subordinate's office and stand over her while she worked at her desk. The partner is 60+. He can't possibly review a certain document on his own laptop. He can't possibly figure out XYZ. He absolutely insists upon going into the paralegal's office, standing over top of her, putting his hands on her shoulders, leaning into her, pressing his body into her, pressing his crotch into her, breathing on her neck. This is fucked up and creeper city. And, to be crystal clear: This is sexual assault.
• The subordinate employee asks to work from home at least part of the time to avoid the above. The partner insists that she must be in the office every day (so he can sexually assault her).
• Most of these partners are cowards and will back down when confronted / challenged. These are men who had no power prior to their ascendence in BIGLAW. Before BIGLAW, they were nothing and nobody. Take BIGLAW away and they are nothing and nobody. But within the arena of BIGLAW, they are all powerful. They get what they want. They are not used to being challenge. Challenge them and they back down. But that's most of them. I have encountered one or two partners who did not back down when challenged. And one partner in particular who I suspect may have been a serial rapist.
• After the testing phase / build up, the partner throws himself at the paralegal / legal assistant. He corners her alone and makes his move. He grabs her. Gropes her. Tries to make out with her. Professes his intense attraction to her and says he knows they have sexual tension / chemistry / etc.
• After the testing phase / build up, the partner goes into the subordinate employee's office and demands sex or oral sex. The partner pulls out his penis and demands oral service. The partner makes any or all of the following threats: (a) you're job is on the line; (b) I'm untouchable; (c) nobody will believe you; (d) I can ruin your entire career and get you blacklisted. I have seen this multiple times.
• Other partners and / or HR know about the situation. But the perpetrator is untouchable. The firm does nothing. Sometimes, the firm's intervention has been: (a) put the paralegal in a shared office with another person so she won't be alone for the partner to assault / attack / isolate her or (b) put a lock on the paralegal's door and make sure the perpetrator doesn't have the key.
• When the paralegal / legal assistant complains, she is frequently retaliated against either via termination, low bonus, no bonus, or unfavorable work assignments.
• The defendant (firm) and defense counsel routinely say things like: It's generational. The partner is old. He's a flirt. He's always done this sort of thing. He's actually harmless. Again: Bullshit.

Why This Keeps Happening & Flies Under the Radar

Shocking that it is the year 2024 and this is still happening -- in BIGLAW. But there are reasons for that.

• Economics. Most BIGLAW firms only care about one thing: Money. If a partner generates $40 million+ in billable work every year, that partner is virtually untouchable. If that partner sexually assaults a subordinate employee, that's viewed as just the cost of doing business. Most subordinates will never stand up for themselves. They typically go away quietly. If they don't go away quietly, they can be bought off for a fraction of the revenue the perpetrator generates.
• Most lawyers and law firms are afraid to go directly at BIGLAW. Sure, they'll litigate against BIGLAW. But suing BIGLAW? For most lawyers, that's too much. These are incredibly rich, powerful, well-connected people.
• Standing up against a prominent BIGLAW rainmaker who assaulted you can be a career ender. And most people need some sort of career because everybody needs to eat and have a roof over their heads.
• NDA's and arbitration. Recent changes in the law have addressed this. But you still see a lot of confusion, intimidation, and a chilling effect. Lots of our clients have been afraid to say anything or do anything because of NDAs and confidentiality provisions in their employment agreements.

At this exact moment, we have three BIGLAW sex assault cases on the docket. And, unfortunately, there are more to come.

jp