When a prominent Canberra lawyer performed a "bawdy" cabaret-style dance, shirtless with a rose between his teeth, he probably didn't expect to be fined $20,000 and receive a public "wake-up call".
In 2021, Ben Aulich, founding partner at Aulich law firm, took his staff on a retreat where he took off his pants, and an "entirely repugnant" colouring book was circulated.
Since then, the lawyer has been fined and "publicly reprimanded" by the ACT Civil and Administrative Tribunal after legal action was launched by the ACT Law Society.
Aulich had pleaded guilty to engaging in conduct demonstrating he is not a fit and proper person to practise law, and engaging in conduct likely to bring the profession into disrepute.
Presidential member Geoffrey McCarthy's decision, published on Wednesday, details what occurred during the fateful 2021 company retreat at a private farm in NSW.
Law firm 'cult'
In February 2021, Aulich and 13 employees, 11 of which were women, attended a "continuing professional development weekend".
One evening they played a drinking game and a card was drawn "which instructed the oldest person at the table to remove his/her pants".
Aulich, as the oldest person in the group, lowered his jeans and some of his employees tackled him to the ground. He then removed his jeans entirely.
The tribunal found this could have allowed for "accidental exposure" of his penis, but no findings were made on whether this occurred.
Later that night, the group were sitting around a campfire when Aulich performed a "bawdy" and "risque" cabaret-style dance.
The founding partner danced shirtless, wearing suspenders, and holding a rose between his teeth.
The next day, one of the staff members circulated a colouring book "containing demeaning and sexualised words" about Aulich and the firm.
Aulich was not involved in making the book, but accepts he should have confiscated it.
The Law Society argued the book, which was provided during a purported mental health session, was "entirely repugnant".
Aulich 'came out swinging'
In April 2021, a former staff member wrote to the ACT Law Society raising serious concerns.
The published decision states Aulich "came out swinging" with a ten-page letter in response.
"We do not shy away from the unusual culture at [the firm]. We are unashamedly not like other law firms or public sector workplaces that are often conservative, that frown upon office 'banter' and that do not allow swearing or joking around," he wrote.
"The way that people externally perceive us and our close knit group of staff has often lead to rumours that [the firm] is a 'cult', amongst others.
"I have to make clear it is not a free for all, however, in that whilst we tolerate humour and frivolity which may be too ribald for other law firms, we do not tolerate humour which targets or intimidates individuals."
Aulich further stated the retreat was held away from Canberra "to ensure that drinking, silly dances and other rude behaviour would be private".
The partner later told the tribunal that "on reflection" he was "embarrassed and ashamed" by this letter.
"I can say that my desire to be an unconventional, fun, non-stuffy and non-conservative law firm and allowing staff to 'let off steam' has clouded my judgement," Aulich wrote in another letter.
"This is extra-ordinarily embarrassing for me ... I understand I deserve the embarrassment, and I am an idiot if I don't see the wake-up call and respond to it."
The lawyer said his conduct was "an isolated incident".
