Biglaw

Biglaw Summer Programs Phasing Out 'Boozefests' To Create All-New, Worse Sexual Harassment Opportunities

These firms mean well, but sometimes good intentions aren't enough.

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For decades, the summer associate experience existed hand-in-hand with alcohol. Go to a Yankees game… grab beers on a partner’s tab. Hit up a Broadway show… go grab drinks on the firm’s dime. Go to happy hour… get even more drinks after. It’s the social lubrication that bound the summer together. It’s always possible for the sober out there to strike a balance and join the fun without drinking, but the opportunity was always there.

But in the post-#MeToo world, some Biglaw firms are trying to phase out the boozy party. It’s a noble idea. It’s also incredibly stupid and will only make things worse.

American Lawyer looks at some firms, specifically Goodwin and Orrick, struggling to respond to the atmosphere of sexual impropriety that’s been allowed to reign in the American workplace for far too long and coming up with some problematic cosmetic changes:

Some, including Goodwin Procter and Orrick, Herrington & Sutcliffe, are taking the opportunity to modify their programs, partly by moving away from alcohol-fueled events to activities focused on the wellness and wellbeing of their summer associates.

“Since it is the first class since the #MeToo movement, I would hope and expect that most law firms do have a heightened level of awareness around potential liability that could come out of their summer associate programs,” said Patrick Krill, a legal industry behavioral health consultant.

Make no mistake, alcohol has the potential to erode barriers and promote bad behavior. But it’s also a cop out to blame booze for sexual misconduct. The overwhelming majority of us have managed to make a habit out of getting drunk and never groped someone without their consent. People who want to harass others will do it. Don’t let them pawn off their culpability on alcohol.

But perhaps there’s some benefit to cutting back at the extremes. It doesn’t have to be a frat party, obviously. And Krill has explained before that he thinks the legal industry as a whole has an alcohol problem — which is undoubtedly true — and that an out-of-control atmosphere for the summers just inculcates them with that culture — which may also be true. So some limited drawdown on the alcohol front probably isn’t the worst thing in the world. Now, let’s at least hear them out on this wellness push:

Goodwin’s calendar of events for its summer associates includes cooking classes, spinning classes, and cultural events like museum tours and theater outings.

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Oh no, no, no, no, no.

Spin classes? Yes, the answer to sexual harassment in the workplace is to ask women to wear compression pants and sports bras to events. How is this considered remotely acceptable? Add to the pronounced risk of unwanted ogling the general body shaming being dropped on associates of all stripes unwilling to make their physical fitness a subject of recruitment. Will overweight associates really want to work out with their supervisors? If they opt to spend their whole summer hitting up the museum, will they be on the outside of the “cool” fitness clique?

“Wellness” sounds all well and good, but it’s just another club, and one that — whether it means to or not — hypersexualizes people based on appearance. It’s a lot more fair and inclusive to evaluate people based on their ability to destroy their bodies than improve them.

How about we just let the kids drink and exercise some basic judgment to keep them from going too far? You know, the discretion that adults and professionals are supposed to exhibit? Coupled, perhaps, with the vigilance to spot and address warning signs of bad behavior before they reach fruition.

And to their credit, both firms are taking the critically important step toward promoting this vigilance, with both firms announcing training programs for summers to highlight this problem:

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“Teamwork in the #MeToo Era” is a firmwide training being offered by the San Francisco-based firm that educates its employees on various firm policies, but also looks to promote discussions about proper workplace conduct in the #MeToo era.

“We also felt like it was important to roll out some training to make sure people really understood the policies in light of #MeToo,” said Siobhan Handley, chief talent officer at Orrick. “[And] we thought it was really important that we do this when the summer associates were a part of the firm.”

Still, the more cynical part of me wonders if this isn’t a well-meaning effort that inappropriately takes our eyes off the ball. Because, frankly, when I think of the #MeToo problem, it’s not a pair of drunk summers that worry me, it’s partners exercising the asymmetrical power relationship they enjoy with associates.

It would be a shame if a fun summer party is being sacrificed to keep us from questioning shady behavior going on the whole year round.

Goodbye Boozefests, Hello Spinning Classes: Summer Associates After #MeToo [American Lawyer]

HeadshotJoe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.

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