Australian Lawyers Weekly reports
Western Australia’s newest District Court judge has called out the bullying, sexual harassment, unreasonable work hours and expectations placed on the youngest members of the profession, and floated collective bargaining or unionising as a solution to such scourges.
Last Wednesday (22 February), at a special sitting to welcome His Honour Judge Mark Ritter SC to the WA District Court, Judge Ritter — who was appointed to the court earlier this year — called out various issues that plague the legal profession.
One thing that has caused His Honour “great consternation”, Ritter J mused during the court’s special sitting, is the stories he has “regularly heard” of the “poor treatment” that young legal professionals face at law firms.
In particular, His Honour pointed to the treatment of women in law.
“Examples of bullying, sexual harassment, unreasonable work hours and expectations from or condoned in one way or another by partners and principals are matters of great concern to the profession, and something should be done about it,” Ritter J submitted.
“As a parting shot as a former barrister to young lawyers in the profession and noticing, in particular, some of the people at the bar table, I think that the way to move some of these issues forward might be collective bargaining for working conditions and maybe even a union to involve in work practices that are not up to standard.”
“In other workplaces, when some of the things that I have mentioned occur, somebody has the capacity to call the union and somebody will appear at the worksite and help address things,” His Honour continued.
“The law is perhaps the only profession where that is not possible.”
The idea that lawyers should unionise is, of course, not new.
In 2020, the Aotearoa Legal Workers’ Union was formed in New Zealand on the back of widespread concern about bullying, sexual harassment, low wages and a lack of overtime — the very issues that Ritter J has alluded to.
In 2019, the-then national legal counsel of the Electrical Trades Union of Australia, Alana Heffernan, spoke on The Lawyers Weekly Show about whether Australian lawyers should unionise, the benefits of doing so, and what such unionisation could look like for in-house lawyers.
There are also, as Bowd chief executive Fionn Bowd explained on a recent episode of Legal Lightbulbs, lessons pertaining to unionisation that lawyers can learn from tradies.
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Barrister appointed Judge of the District Court
- Mark Ritter SC appointed as a Judge of the District Court of Western Australia
- Long-time Barrister has practised in industrial and employment law and criminal law
Attorney General John Quigley has announced the appointment of Mark Ritter SC as a Judge of the District Court of Western Australia.
Mr Ritter, a Barrister for much of his legal career, has practised in multiple areas including industrial and employment law, criminal law and native title.
After being admitted to practice in WA in December 1985, he became a Partner and Director at two different law firms and was appointed a Senior Counsel in 2004.
Mr Ritter later served as Acting President of the WA Industrial Relations Commission prior to his most recent position as a Barrister at Francis Burt Chambers.
In 2017 and 2018 he conducted a Ministerial review of the State’s industrial relations system.
During his career, Mr Ritter also periodically tutored and lectured for the Legal Practice Board and at the University of Western Australia in ethics and criminal law, respectively.
Mr Ritter’s new roles take effect from 1 February 2023.
Comments attributed to Attorney General John Quigley:
“Mr Ritter SC is regarded highly by the legal profession, and I congratulate him on his appointment as a Judge of the District Court.
“His extensive experience as a Barrister on Federal Court, Fair Work Commission and WA Industrial Relations Commission matters makes him eminently equipped to preside over the District Court’s heavy caseload.
“In the area of criminal law, Mr Ritter has acted as both defence and prosecution counsel in complex trials.
“He has also made significant contributions to education and mentoring in the legal field.”
Minister’s office – 6552 6800
