Barrister, Charlotte Proudman Criticizes Misogyny After Misconduct Case Dismissed.
A barrister has criticized misogyny within the legal profession following the dismissal of a misconduct case against her for highlighting a "boys' club" mentality. Dr. Charlotte Proudman, a specialist in family law and an advocate for women's rights, faced a disciplinary tribunal from the Bar Standards Board (BSB) due to a Twitter thread that challenged a ruling in a case she was involved in.
In the 14-part thread, shared in April 2022, Proudman remarked that a judgment by Jonathan Cohen bore “echoes of the ‘boys’ club’” mentality. Cohen was affiliated with the Garrick Club, which was exclusively male until this year, when it voted to lift its 193-year ban on female members. Proudman expressed concern over Cohen's characterization of the relationship between a woman and her ex-husband as “tempestuous” and his description of alleged domestic violence as “reckless,” suggesting that the judge downplayed the severity of the domestic abuse her client reported.
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However, on Thursday, during the proceedings of the professional conduct tribunal, the five charges against her were dismissed. The allegations claimed that Proudman “failed to act with integrity” in her tweets, that they constituted professional misconduct, were “misleading,” and “inaccurately reflected the judge’s findings” in the case. She was also accused of acting in a manner that could undermine public trust in her and the legal profession, and of having “knowingly or recklessly misled or attempted to mislead the public” through her posts. Nonetheless, the tribunal panel chairman, Nicholas Ainley, determined that Proudman’s tweets are safeguarded under Article 10 of the Human Rights Act 1998 and the European Convention on Human Rights, which upholds the right to freedom of expression.
He stated that her tweets did not "gravely damage" the judiciary, which would exclude them from the protections of Article 10. "We believe that the judiciary of England and Wales is significantly more resilient than that," he remarked. In response to the decision to dismiss the case on Thursday, Proudman expressed that the Bar Standards Board (BSB) had demonstrated its inadequacy.
"This case marks a pivotal moment for both women's rights and a barrister's ability to speak out against domestic abuse," she asserted. "It serves as a wake-up call: misogyny within the legal profession must be eliminated, and the right to challenge detrimental systemic attitudes towards domestic abuse must be upheld."
"The BSB has shown itself to be unfit for its role. In my opinion, the BSB's case against me exemplifies sex discrimination. While the BSB contends that I lack the right to critique a domestic abuse judgment, male barristers are permitted to label a senior judge as an 'idiot,' 'stupid,' and to suggest that he should be 'sacked.'"
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Proudman noted that she had faced public disparagement from male barristers, including personal insults and threats. "Despite all I have endured, I would be open to collaborating with the BSB to foster change, but under the current leadership, that is simply unfeasible," she stated. "The internal disclosures I have received have been nothing short of shocking, revealing a profound lack of integrity and the ability to regulate a profession that deserves far better." Proudman could have faced a 12-month suspension of her license or a fine in the misconduct case.
Upon learning earlier this year that Philip Havers, the judge initially assigned to oversee her disciplinary proceedings, was also a member of the Garrick, she formally requested his recusal, arguing that a "fair-minded and informed observer, having considered these facts, would conclude that there was a real possibility of bias." After reviewing her request, Havers stepped down from the case. Dr. Charlotte Proudman’s case highlights ongoing issues of misogyny and discrimination within the legal profession.
After the Bar Standards Board dismissed the charges against her, Proudman emphasized the importance of defending women's rights and the need for systemic change in how domestic abuse cases are handled. She criticized the BSB for its handling of her case, accusing it of sex discrimination and a lack of integrity. Proudman’s willingness to challenge the status quo reflects her commitment to holding the legal system accountable. As she continues her work in family law, she remains dedicated to fighting for fairness and equality within the profession.
