‘Boys club’ tweet lands top feminist barrister in disciplinary hearing

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By Lydia Fontes on

6

Bar Standards Board goes head-to-head with Charlotte Proudman, who accuses them of gender discrimination and double standards


High-profile family law barrister Dr Charlotte Proudman faced a disciplinary tribunal yesterday over five charges of professional misconduct after she criticised a judge’s ruling on a case she was instructed on.

Proudman took to Twitter in April 2022 to criticise High Court judge Jonathan Cohen’s judgment on a family law case she lost. In the 14-part thread, Proudman told her followers, “I do not accept the Judge’s reasoning. I will never accept the minimization of domestic abuse.”

She went on to claim, “This judgment has echoes of (t)he ‘boys club’ which still exists among men in powerful positions,” referencing Cohen’s membership of the Garrick Club — a London private member’s club which counts at least 160 senior legal professionals and members of the judiciary among its 1,500 members and reportedly voted to admit female members for the first time in its 193-year history earlier this year.

The Bar Standards Board (BSB) alleges that Proudman’s statement amounts to professional misconduct as it “inaccurately reflected the finding of a judge on a case in which she was instructed” as well as featuring “seriously offensive, derogatory language which was designed to demean and/or insult the judge”. Proudman denies all the charges against her.

Supporters met Proudman outside the Bar Tribunal and Adjudication Service in central London yesterday, carrying placards emblazoned with the slogans “Let Her Speak” and “Blatantly Sexist Board” along with other messages of support.

During the hearing, Mónica Feria-Tinta, for Proudman, claimed:

“A robust judiciary would welcome a level of criticism which actually makes democratic society healthier and the rule of law more robust.”

She went on to argue that Proudman was the victim of a double standard, claiming in written submissions that historically “The Bar Standards Board concluded that male barristers who called Dr Proudman a ‘cunt’, mentally ill, and a ‘wanker’ did not use gendered language or breach the code of conduct.”

The panel also heard that Proudman has dedicated her working life to women’s rights. Mark McDonald, also representing Proudman, recalled Proudman writing to him to complain about the lack of female portraits in the Lincoln’s Inn hall when she was a mentee of his. The portraits are now more diverse — “That’s an example of how Dr Proudman has led the charge to change things,” McDonald told the tribunal.

Proudman’s Twitter activity first made headlines in 2015 when she criticised a senior male solicitor who referred to her LinkedIn profile picture as “stunning” in a private message. She has since attracted controversy for her comments on a culture of “transactional sex for pupillages” at the bar in an interview with the Times and, more recently, for her tweets on court procedure for rape victims which were criticised as “misleading” and “inaccurate”.

The hearing is expected to last four days.

6 Comments

Uncharitable Fellow

“I should be allowed to publicly call judges sexist if they find against my clients” is a bold strategy Cotton, let’s see if it pays off for her

And of course the counter argument

Presumably she’s lost more than one case — so there isn’t a pattern of sexism accusations against judges who find against her? She is claiming she “should be allowed to call a judge sexist if she thinks he’s being sexist” — more accurately.
The BSB Tribunal is (perhaps as the inappropriate forum) being asked to draw the line between the fundamental right to criticise a branch of government by some of the only experts of its working, and a barrister’s duty to preserve public confidence in the legal system.

Because of the very obvious power imbalances at the Bar, within the judiciary and the BSB, which result from it being majority male, and because of the way political speech has been held to engage ECHR 10 more tightly, there should be more leeway here than restriction. To do otherwise would be oppressive and offend the principles that underpin this profession.

Or simply put, this system will stay sexist if when sexism is alleged a male-run power issues a gag order.

Sincerely, a guy

Al

The hearing began on Tuesday and is listed to go until Friday.

It is available to watch live via Zoom. Email TBTAS for the link.

The tribunal have been considering the initial issue of whether the tweets can amount to professional misconduct bearing in mind Art. 10.

They will deliver a decision on that matter on Thursday morning.

If they find the Art 10 argument succeeds that will be the end of the matter.

If they find the tweets are *capable* of amounting to misconduct they will still need to consider whether they *do* amount to misconduct.

There is also the secondary issue of whether CP is being discriminated against bearing in mind how the BSB have dismissed complaints against male barristers for allegedly similar tweets.

Al

The tribunal found that the tweets could not amount to professional misconduct.

The facts stated in the tweet were substantially the same as those found by the judge; and thus any comments about them were mere opinion. And these opinions were protected by Art 10.

Tribunal will provide full written judgment at some stage.

Stop that.

I really hope this does not make a trend. It needs to be cut immediately in the bud. From both sides. Don’t call people names like mentally ill, and don’t call the other side such and such just because their decision goes against your position.

Andrew

This puts the proposed positive duty to advance DEI into perspective. Can you imagine what those protesters outside the hearing would expect in terms of positive action from male barristers? There have been nothing close to a proper challenge to the nonsense “evidence” pushed by lobbying bodies after useless “surveys”.

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