Dr Charlotte Proudman is facing a disciplinary tribunal over a Twitter thread
A barrister has attacked misconduct in the legal profession after a misconduct case was brought against him for exposing his “boys club” attitude.
Dr Charlotte Proudman, who specializes in family law and is also a women’s rights campaigner, faced a Bar Standards Board (BSB) disciplinary tribunal over a Twitter thread in which she had worked. In a 14-part thread posted in April 2022, Proudman said Jonathan Cohen’s decision had echoes of a “boys club”.
Cohen was a member of the Garrick Club, a men-only club at the time. This year, after the Guardian published a list of some 60 of the club’s most influential members, it voted to end a 193-year ban on female members.
Dr Charlotte Proudman said he was troubled by Cohen’s decision to describe the relationship between a woman and her ex-husband as “stormy” and the alleged domestic violence as “reckless” in a ruling. He suggested the judge downplayed the significance of the domestic abuse his client suffered.
On Thursday, five charges against him were dropped by the Professional Conduct Tribunal.
The charges allege that Proudman “failed to act in good faith” in posting the tweets, that they amounted to professional misconduct, were “misleading” and “misrepresented the judge’s findings” in the case.
Proudman was also accused of behaving in a manner “likely to undermine public confidence and trust in him and the profession” and said to have “intentionally or recklessly caused harm to the public”. Misled or attempted to mislead by posting. misguided”.,
Judge Nicholas Ainley found that Proudman’s tweets were protected under section 10 of the Human Rights Act 1998 and the European Convention on Human Rights, which protects the right to freedom of expression.
He said their tweets did not cause “serious prejudice” to the judiciary, which would have put them “outside” the protection of Article 10. “We think the judiciary in England and Wales is much stronger than it is,” he said.
Reacting to the decision to dismiss the case on Thursday, Proudman said the BSB had proven itself unfit for purpose.
“This case is a turning point for both women’s rights and the lawyer’s freedom of speech against domestic violence,” she said. “This is a wake-up call: abuse in the legal profession must be eradicated and the right to challenge harmful systemic attitudes towards domestic abuse must be allowed.
“BSB has not proved fit for purpose. In my opinion, the case registered against me is a clear example of BSB gender discrimination. “While the BSB argues that I have no right to criticize a domestic violence judgement, male lawyers are free to call a senior judge ‘stupid’, ‘stupid’ and say he should be ‘sacked’. .”
Proudman said she was publicly criticized by male lawyers with personal insults and threatening language. “Despite everything I have endured, I was ready to work with the BSB to drive change, but that is not possible with the current leadership,” she said.
“The internal revelations I received were shocking, revealing a lack of integrity and trust in regulating a profession that deserves better.”
Proudman could have faced a 12-month license suspension or a fine for misconduct.
Earlier this year, when she learned that the judge assigned to the disciplinary hearing, Philip Havers, was also a Garrick member, she formally requested his dismissal on the grounds that “he is a fair-minded and was an informed observer”.Considering these facts, we can conclude that there is a real possibility of bias. Havers withdrew from the case after considering his request.
Earlier this year the Guardian revealed that some of Britain’s most powerful judges are members of London’s Garrick, including High Court judges, four judges of appeal and 11 High Court judges.Club members include around 150 ROCs, dozens of current and retired judges, current and former ministers in the Ministry of Justice and several senior lawyers.
In the United States, the Code of Federal Regulations for Judges states that judges “shall not be members of any organization which practices unfair discrimination on the basis of race, sex, religion, or national origin” and that such membership “presupposes will give birth to “. He said that “the impartiality of the judge has been damaged.”
Speaking to the media after the hearing, Proudman added: “I’m relieved. I’m relieved after living in this hell for two and a half years.”
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