Canadian Lawyer

16 A P R I L 2 0 1 8 w w w . C A N A D I A N L a w y e r m a g . c o m But maybe we law- yers should tread care- fully on this one. Trouble lurks in the weeds. One lawyer specializing in sexual harass- ment claims told The Hollywood Reporter, "It's easily a 300-per-cent [increase] . . . This is unprecedented in volume and dura- tion." But she cautioned about complaints "where the person is just trying to get on the sexual harassment bandwagon." Anoth- er lawyer interviewed by the newspaper noted that there are many cases where pur- ported victims propose backdoor deals in exchange for silence. He said, "I am aware of many lawyers . . . who have received secret demand letters with disguised threats to make an allegation public unless there is a quick settlement." The disguised threat let- ter seems just to be a new version of the old practice, familiar to many long-in-the-tooth lawyers, of paying those who allege sexual harassment to keep quiet about it. The #MeToo movement is steamrolling across the western world. Like it or not, lawyers are caught up in this profound cultural and social issue. It presents them with ethical conundrums, some familiar, some new. First of all, there may be a problem with the plaintiff. Suppose you are asked to represent a purported victim of sexual harassment who wants to go public — issue statements, call press conferences, initiate civil litigation. But you are skeptical of your client's story or doubt their bona fides or suspect this is just a self-serving attempt to climb on the sexual harassment bandwagon. What's the right thing to do? The mere whiff of an allegation or hint of a rumour, jet-propelled by social media, can damage or destroy lives and careers in a trice and — as collateral damage — threaten the existence of important institu- tions (businesses, political parties, theatre companies). Do you want to be part of that? Suppose your client, more interested in money than publicity, asks you to send one of those backdoor disguised threat demand letters. Isn't that a bit unsavoury? Doesn't it smack a little of extortion? The plaintiff problem in sexual harassment cases is a new expression of an old quandary. Should lawyers evalu- ate their clients' motives or the broader social consequences of proceeding with litigation and temper their advice with those considerations in mind? Almost every lawyer, I think, would answer in the negative, even if they found their cli- ent's intentions reprehensible and con- duct odious. Most lawyers believe that everyone is entitled to vigorous legal representation within the boundaries recent article in The Hollywood Reporter caught my eye. The headline announced: "The New #MeToo Economy: Hollywood Lawyers, Crisis PR Pros Seeing 'Unprecedented' Uptick in Business." Ain't capitalism wonderful? No matter what happens, there's always a buck to be made. Step right up for new billable-hour opportunities pre- sented by the #MeToo economy. L E G A L E T H I C S O P I N I O N @philipslayton WAYNE MILLS The #MeToo conundrum Lawyers need to keep their ethical duties in mind with sexual harassment claims By Philip Slayton A SHOULD LAWYERS EVALUATE THEIR CLIENTS' MOTIVES OR THE BROADER SOCIAL CONSEQUENCES OF PROCEEDING WITH LITIGATION AND TEMPER THEIR ADVICE WITH THOSE CONSIDERATIONS IN MIND?

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