EXCLUSIVE Baker McKenzie drops lawyer accused of sexual misconduct

mariani

^{A barrister set for court.}

Baker McKenzie has terminated a lawyer’s employment after discovering that he has been accused of sexual misconduct by a colleague at his former firm.

Stefano Mariani is due in court in Hong Kong to face allegations by a junior lawyer that he coercively controlled and sexually assaulted her while they both worked at Deacons, a Hong Kong law firm where he was a partner and head of tax.

‘X’ claimed that Mariani used his collection of Japanese swords to lure her to his home where he assaulted her, and that he boasted he had once microwaved a hamster.

Mariani, who began his legal career in Jersey with offshore firm Carey Olsen before working as a tax barrister at 11 New Square, joined Bakers as a tax dispute counsel in June after leaving Deacons.

A legal high flier in the region, he has written frequently for the South China Morning Post and lectured at Hong Kong University. Originally from Rome, in 2005 he was part of Corpus Christi's University Challenge-winning team.

In her claim, X has alleged that Mariani positioned himself as her mentor when she joined Deacons in 2020 after completing university.

The senior lawyer led her to believe that the relationship was innocuous and told her that it would benefit her career if she was "on the radar" of a Deacons partner, according to the claim.

Mariani began gaslighting her when he invited her to drinks at the Mandarin Oriental Hotel and told her how "disgusting" her socks were when she arrived, X alleged.

The aim was to “coerce and control her and leave her with a feeling of inferiority in his presence”, which led to direct sexual harassment in 2021 when the pair were having cocktails together at the Foxglove bar in Hong Kong, she claimed.

Mariani placed his hand on hers “suddenly” and said that "It's apparent there are feelings here”, claimed X.
When she replied, "Even if there were feelings, there's nothing to see here", he came round to her side of the table despite her protestations, physically turned her head “and forcibly kissed her” before telling her "Sorry, that was a bit forceful, wasn't it?", according to X.

On the way back to the office he told her, "No one needs to find out about this", which made her “feel like she was now part of a dirty secret and that she needed to accept blame for the incident”, according to X’s claim.

A few weeks later he invited her to his house on the pretext of allowing her “to see his collection of Japanese swords”, then undressed her “without warning” and carried her to his bed where he “forcibly performed oral sex on her”, X alleged.

X’s claim conceded that she then entered into a sexual relationship with Mariani, but stated that “it would be difficult and problematic” to describe it as “entirely consensual”, because at the time X was “very much in the thrall” of the partner, who had “gaslit her with micro-criticisms, self-doubt and descriptions of his power over a number of months”.

Examples provided by X included allegedly telling her that she "had the body of a 16-year-old'' and saying of a female trainee solicitor, "It's clear that she has a crush on me”.

Echoing one of Oliver Bretherton’s office games at Gowling WLG, Mariani allegedly “took great enjoyment” in telling X how he and his colleagues at Deacons would discuss which females in their department they would sleep with.

Mariani’s “vulgar remarks about fellow colleagues” allegedly included telling X that he would “much rather” sleep with another employee “even though she probably weighs 40 kg dripping wet" and observing that another employee had “such huge breasts as a result of breastfeeding”, as well mocking the colour of Asian women’s nipples.

The partner “appeared to relish the fact that he had a horrible temper and would often lash out at his secretaries”, even commenting “gleefully how his female boss seemed to appear very threatened in his presence”, according to X's claim.

He also told X that “When he was younger, he once put a hamster in a microwave to see what would happen”, according to her claim.

Mariani presented himself as being involved with the management of Deacons, which enabled him to exercise greater influence and control over X, according to her claim.

He boasted that he could help her pass her tests at Deacons because he was one of the examiners, falsely told her that he did the firm's taxes so could find out her salary when she refused to tell him, and claimed that he had been singled out by the senior partner for a toast at a firmwide gathering, according to X's claim.

X also alleged that Mariani committed sexual acts intended to humiliate and demean her, including hitting her with a belt. and that when doing so he would make statements such as, "It seems all you women like to be treated very violently".

Gaslit into believing that his behaviour was normal and that if she didn’t consent “he would retaliate and damage or ruin her ability to continue working in the legal field”, she “allowed the so-called 'relationship’, subserviently pleasing [Mariani] and remaining polite and encouraging in conversation”, her claim alleged.

“This was her first real job after graduating from university, and so [she] had little exposure as to what a proper corporate work culture should or should not entail”, stated the claim.

It also alleged that Mariani compelled X to engage in anal sex after she contracted HPV and was told by her doctor not to engage in vaginal intercourse.

“He did not ask for consent, and he never asked or checked if she was comfortable with what he was doing”, alleged the claim.

Instead “he whispered in her ear ‘Now I can take your last virginity’” and “showed no compassion and encouraged [X] to drink a large amount of red wine” after the act, alleged the claim.

The junior lawyer said she ended their relationship in early 2023 and reported Mariani’s conduct to Deacons, which after investigating asked him to resign.

X said Deacons had updated its ‘Relationships at Work’ policy as a result of her complaint to specifically state that “coercive and exploitative relationships will not be tolerated under any circumstances”.

She is now suing for a declaration that Mariani engaged in unlawful acts under Hong Kong’s sex discrimination legislation, an apology in writing and for compensation and punitive damages.

RollOnFriday understands that Mariani is leaving Bakers, which declined to comment on the basis that legal proceedings are ongoing.

Deacons did not respond to a request for comment. Nor did Mariani, who deleted his LinkedIn profile after being contacted by RollOnFriday.

The case is scheduled to be heard in December.

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Comments

In the interests of fairness they should have waited to see if the claims were true.

Any accusation of sexual assault would be a police matter.

Reputation and career ruined irrespective of whether he is found guilty. We need anonymity until there is a conviction. It is grossly unfair to go on like this.

I got quite turned on reading that.

X’s claim conceded that she then entered into a sexual relationship with Mariani, but stated that “it would be difficult and problematic” to describe it as “entirely consensual”

Again, strong vibe of 'buyers remorse' here.

Go to dinner with him and he kisses you unexpectedly - fair to complain, unwelcome touching not ok.

But the bit where you then willingly go to his house 'to look at his sword', nudge nudge, and have a long-running sexual relationship with him after that. Like, is that really harassment? Or non-consensual? Or is it just a relationship that you now regret as being unwise?

I wouldn't do what this geezer did. But are we really in the business of punishing men for having consensual relationships that don't work out?

Hardly 'gaslighting' her to criticise her socks!

The term 'gaslighting' is often thrown in as a buzzword in this type of claim without a proper understanding of what it means, in the same way as 'uncomfortable', 'controlling' and 'coercive'.

There's a clear power imbalance here. Any suggestion that this kind of behaviour by a partner in a law firm would be acceptable except if she's screaming NO all the time is abhorrent sexism.

Actually, even if this were completely consensual (which it doesn't appear to be), a partner shouldn't start a sexual relationship with a trainee just coming from University. If they're in love and want to have a sexual relationship, one of the two can move firms first.

There's always a mutual power imbalance in these cases, its sexist to suggest otherwise. The question is whether either of them exploited the power imbalance. We've heard her side but not hers.

@9.28 - that was the idea

Netizens are passing judgment on this poor bloke when the court hasn’t adjudicated the matter. Presumption of guilt vibes.

Another partner taking advantage of a junior. Another weird collection of posts justifying a sexual predator.

Another day on the RoF news board.

I like Stefano Mariani!

But Who Was The Girl? Why The Girl Had Anonymity But The Boy Didn’t? So Unfair!

X’s lawyer: It’s good. But we need something more.
X: one time he told me he cooked a hamster?

@10.19 - actually this looks more like a 'junior' taking advantage of a partner.

That you label him a 'sexual predator' before the case is heard is telling.

Should the SRA open a case for this, given the seriousness of Mariani’s conduct?

@11.00 - yes, it will have been something like this, she's obviously been coached. Throw as much mud as possible at him in the knowledge he's named and she isn't, use the word 'coerced'. Its a blatantly unfair system.

Another example of giving the legal profession a bad name.

How was she 'coerced and controlled' and left feeling inferior because he said she didn't like her socks? This is laughable and she or whoever put her up to this should tell her.

This is a pretty complex and weird situation. Best I can offer up is a proverb the 80s: "don't get your honey where you make your money". It surprising how many have forgotten this bit of boomer wisdom.

Dear Rof, is there any chance you could find some stories where women have been successfully and happily mentored by senior men. I'm sure there are plenty out there but we only ever hear when it's gone wrong. It's a bit depressing really.

You don't have to use names.

@Fair n' Square- you mean alleged conduct. And should they investigate her you forgot to say.

"I got quite turned on reading that."

I know, right? Date night this weekend is absolutely sorted.

Just need to buy a hamster from somewhere...

@11.15 - yes, she does

What is the point of joining a Big Law Firm if you cannot then develop romantic and sexual relationships within the firm? We are human beings, not robots. We all need romance and sex!

So if he accused her of lying and making a malicious complaint would her employment be terminated? Or not, because he's male and she's female?

"Echoing one of Oliver Bretherton’s office games at Gowling WLG" - love it.

@11.25 - although consenting adults are free to see who they please without having to worry about jealousy or malicious complaints

If he didn’t do anything wrong how could have he agreed to resign from Deacons? And again why would Baker McKenzie demand his resignation if he wasn’t the first one thinking that his behaviour was totally wrong? As a partner he should have known better that starting an abusive relationship with a trainee… in fairness, it sounds like the guy perfectly knew that his behaviour was abusive, inappropriate and borderline rape.

There's some poor bloke on this board really does get his knickers in a twist about sexual harassment and abuse at work.

Mate. It's really easy. If you don't want to get sacked or prosecuted or struck off for harassing or abusing someone then don't harass or abuse anyone.

I don't abuse or harass people every day. It's really easy once you get used to it.

the comments on this post are hilarious what is wrong with all of you

Clearly the guy needs serious psychiatric help, but first he’s not apt to be working in any professions environment. Who in a sane mind would put a hamster in the microwave?

I am not familiar with this firm called Deacons, but the fact that a group of males joke about what colleagues they would sleep with and make derogatory comments about other female colleagues indicates a very toxic environment. Also, did not Bakers run a reference check before hiring a partner??? They sound like two firms to stay away from!

But does he have HPV (a Sexually Transmitted Disease)? Your article didn’t say whether he checked. There is a public health issue here. Lawyers should not cause harm. If he had HPV he should wear a condom in consensual sex to reduce the risk of spreading it to his colleagues at work!

@11.42 - there are loads of examples like that but they don't fit the agenda of women being victims.

A lawyer friend who lives in Hong Kong just messaged me saying that the local media there are reporting the news widely. Apparently it’s been the talk in town for the past few days, at least in the legal field. One would expect a lawyer (and a partner) to understand what’s appropriate and what not, aside from the risk of being reported to the police for rape.

Hard to believe that Baker McKenzie did not know anything until the story was reported by media. Have they made a statement?

For those of you struggling to identify what romantic and sexual predation looks like, here are some clear examples.

https://www.youtube.com/watch?v=wWoP8VpbpYI

If you don't have time or inclination to watch it all then just check this bit about consent.

https://youtu.be/wWoP8VpbpYI?feature=shared&t=973

@12.53 - perhaps he resigned because he moved to a new job? People don't tend to move without resigning! Baker McKenzie would need to explain why they sacked him on the basis of allegations.

We dont know if it was abusive or borderline rape. It isn't appropriate to have a consensual relationship with a trainee, its their business.

Given the way the allegations are being made, it could be that she has been abusive and inappropriate. Its too early to judge.

@Toby Greenlost - we don't know who is harassee or harassor in these cases. Remember, an unsubstantiated and unevidenced allegation isn't a fact. Sorry you feel its abusive to criticise someone's socks.

@Dad - which comments and why?

Clearly the individuals that commented above struggle to understand that - if such allegations were not substantiated and that if Deacons did not ask him to resign after conducting an internal investigation - there must be proven facts that grant the trainee an anonymity order. Courts do not take these things lightly and do not start proceedings if facts did not go in the same direction. The fact that also Baker McKenzie dismissed him must show that somewhat somehow harm was caused. Time will tell, but think about this poor trainee and what she must have gone through.

@13.11 - we don't know whether he even said he put a hamster in the microwave, much less did it.

Males and females joke about who they'd like to sleep at in all firms (his accuser will have done so as well). It tends not to come out in reference checks.

Could someone please enlighten me why a consensual sexual relationship could constitute sex discrimination? What declaratory relief is the claimant seeking?

I don’t know the details and particulars beyond the facts stated in this article, but it would appear that the entire case is based on the subjective minds of the alleged victim during the course of her relationship with the Roman. Surely there can be no legal basis for exemplary damages if all the interactions were private and consensual?

Teasing one’s socks is neither discrimination nor harassment. On the anal sex part, if that is non-consensual the incident should have been reported to the police as that would be a serious criminal offence.

Anonymous 13 October 23 14:13

You bruise like a peach darling. Who hurt you?

Anonymous 13 October 23 09:45

Hardly 'gaslighting' her to criticise her socks!

The term 'gaslighting' is often thrown in as a buzzword in this type of claim without a proper understanding of what it means, in the same way as 'uncomfortable', 'controlling' and 'coercive'.

BREAKING... an apologist for sexual predators claims on the internet that women don't know what they mean and that he does.

In other news it has been reported that some bears poop in woods.

Anonymous 13 October 23 14:13

That's alright. I'm sorry you don't understand the nature of gaslighting and coercive control.

But don't worry. If you ever think you've got a girlfriend I'm sure your lawyer will explain it to you very clearly before your trial.

@ HPV (a Sexually Transmitted Disease) allegation - we don't know if either of them had sexually transmitted diseases.

If there was nothing to the claims, why did he leave Deacons and why did B&M drop him? The power imbalance between partners and trainees can never be overcome, and this guy frankly sounds like a sick puppy who gets off on the power kick. Let's face it, if you want that type of extra curricular activity in Hong Kong, there are so many places to get it without resorting to trainees.

And for everyone saying he should have anonymity, no. That just enables people to continue doing what they're doing and casts doubt on others around them who also left for innocuous reasons (thinking James Gardner Hopkins from Russell McVeagh).

Looking forward to the cross-examination, and reasoned judgment. Why hasn’t Stefano Mariani the Hong Kong tax litigation solicitor issued a public statement or something? A complete PR disaster if he stays silent. Perhaps he can change his name and move to a foreign jurisdiction where no one has Internet connection - otherwise who would be so brave as to hire him? A bunch of you all presumed he must be guilty when the girl does not even publish her name… with a single document this girl killed the guy’s livelihood and reputation forever.

@13.26 - yes, all adults should know what is appropriate and what is not. Has anyone been reported to the police for rape? Not clear from the article.

@13.31 - none of us know anything yet. Yes, Baker McKenzie out to release a statement saying why they sacked someone based on an unsubstantiated allegation.

Not clear how she was 'coerced and controlled' into going for cocktails with him. She's an adult with a mind of her own. If she went for cocktails it was because she wanted to. The mentoring relationship had developed into a friendship, maybe more, which she was happy with.

@13.33 - summarise these for us in a paragraph please and explain their relevance to the article

@14.49 - we don't know if there was an internal investigation and if he was asked to resign. We only have X's unsubstantiated allegations that this happened. Even if it did, it may well be the case that he was asked to resign just because there was an allegation against him, not because of any facts.

Courts give females anonymity automatically in these cases, nothing to do with facts.

Baker McKenzie appear to have dismissed him without even waiting for the court case, which reflects poorly on them.

Time will tell, but think of what this poor man is going through.

@Toby Greenlost - although since you think criticism of socks is abuse yet are fine with referring to people as 'incel' and 'darling', nobody cares what you think.

@[email protected] - although of course we don't know if there is anything to apologise for at this stage.

So you're saying that criticising someone's socks is 'gaslighting' then?

@Toby Pea Eye - although if you think criticising someone's socks is 'gaslighting and coercive control' then it sounds as if the one who doesn't understand is you!

@Anonymous gweilo - he left to go to a new job. Baker McKenzie did it seems dtp him because of the claims, but remember claims are all that they are.

There is a mutual power imblance. Unfair that one remains anonymous whole the other doesn't.

“X’s claim conceded that she then entered into a sexual relationship with Mariani, but stated that “it would be difficult and problematic” to describe it as “entirely consensual”” this is the part where it starts sounding fishy…

A slightly different take here.

https://www.law.com/international-edition/2023/10/12/former-deacons-partner-hired-by-baker-mckenzie-accused-in-court-of-sexual-harassment/

@Toby Greenlost - although since you think criticism of socks is abuse yet are fine with referring to people as 'incel' and 'darling', nobody cares what you think.

And yet you continue to post directly by me to name.

I think you do care.

I think you love me.

I think you wish you were me.

I don't want to lead you on so for the avoidance of doubt please understand. I don't even like you.

It may help you to understand the situation if you realise that criticising someone's appearance is a common component of gaslighting (trying to convince a person of things that aren't true) and coercive control.

I hope that helps.

Very interesting that the biggest local English media in HK, South China Morning Post, did not reporting on it. Only serious Chinese media reported on it. Who is protecting him?

@Anonymous 13 October 23 09:41

Not unwise, sounds like she's realized now she was groomed. It's the same for women who get abused in cults. The penny drops one day. It's never too late to report.

Come see my samurai sword. Mmmm, that’s a line I might try.

Anonymous 13 October 23 18:09

@Toby Greenlost - although since you think criticism of socks is abuse yet are fine with referring to people as 'incel' and 'darling', nobody cares what you think.

Sweetheart, if that nasty Mr Greenlord is upsetting you then put some trousers on and come downstairs. I'll have a *cough* nice talk with him and ask him to go easy on you.

For those of you struggling to identify what romantic and sexual predation looks like, here are some clear examples.

https://www.youtube.com/watch?v=wWoP8VpbpYI

Excellent video. Lots of other interesting stuff on the same account about male rape and men crying in the movies as well as misogyny and abuse of women.

@SCMP Apparently the man is a contributor to the newspaper so perhaps that’s why they are conveniently avoiding the topic.

@23.36 - what does it say?

@Toby Destroyed - but as you're still saying that criticising someone's socks is 'gaslighting' while referring to 'incels' and 'darlings' it doesn’t matter what you think.

@SCMP - what are the serious Chinese media you refer to? Perhaps the South China Morning Post didn't want to report unsubstantiated allegations, doesn't mean he's being protected.

Given that he's named and she isn't, you surely mean who's protecting her?

@This is how grooming works - it really isn't.

She's a grown woman who acted out of her own free will. Regret is not grooming.

@Toby's mum - he isn't upsetting anyone. He's just upset because he's losing an argument. That's why he's resorted to name-calling.

https://m.youtube.com/watch?v=CBeps-lwCE0&t

See this comment from him at 14:50. Who would say such a thing so effortlessly and naturally in a professional lecture about wanting to have the job of sourcing models for a catwalk? We needn't guess about what goes on in his head all day.

@9.01 - what does it say?

How much money is she asking for?

There's a lesson in all these sexual abuse cases for every man.

Don't try and make someone love you.

Try to become someone worth loving.

I wonder why people like this (and Bretherton) are not attracted to women of similar age, experience and seniority.

Are they frightened by being with an equal? Do they worry that someone with more experience might not find them attractive? Do they think the only partner they can get is someone they can impress with money and seniority?

Most people are attracted to wisdom and experience. I think it says a lot about a person when they are attracted to naivete, inexperience and relative ignorance. There might be some mitigation in wanting to guide and support the other to grow. It's better than exploiting the other for personal gratification. But if the desire to guide or to mold is the main attraction then it's still about power and control, not care or affection.

The article actually misrepresents a number of facts:

- the State of Claim does not actually specify that the claimant is a trainee lawyer

- the State of Claim does not state he microwaved a hamster

- the State of Claim does not state he claimed to be an examiner at Deacons

I'm sure Your Mum is very sweet but she's not my type.

Why is Toby harassing the idiot? Why won't he live him alone.

That poor darling incel has enough problems.

OI! TOBY! LEAVE THE IDIOT ALONE!!!

@SCMP - or perhaps because its a series of unsubstantiated allegations so filled with buzzwords that it sound dubious.

@Kamikaze - it worked in his case

@Toby Destroyed - but as you're still saying that criticising someone's socks is 'gaslighting' while referring to 'incels' and 'darlings' it doesn’t matter what you think.

It's funny that you don't realise posts like this make it even more obvious how thoroughly Toby has beaten you and how successfully he's got under you skin.

You're not even pretending to offer reasoned debate anymore, just targeting an individual and saying his views don't count because they are counter to your own.

It's a pity you don't have any shame - if you did you've have the sense to stop.

@Nice new job as a model scout - please summarise it in a paragraph

December hearing will be interesting, unless they settle out of court before the hearing takes place. As a woman I am proud of her courage, after all we haven’t seen a #MeToo November within professional circles yet.

https://www.law.com/international-edition/2023/10/12/former-deacons-partner-hired-by-baker-mckenzie-accused-in-court-of-sexual-harassment/

According to this article the person is a newly qualified lawyer, so one would assume she was a trainee when the incident happened.

@Toby Greenguru - those are lessons for everyone though - not just men and not just sexual abuse cases

@15@ 14.37 - people can be attracted to whichever consenting adults they choose. Person A in the Bretherton case was attracted to him. Not for us to question why. Its none of our business.

@ Toby the Gentleman Hobknob - nor she yours

@9.51 - what idiot?

Incel is not ok. It is a sexist slur.

@14.37 - if Toby is being told it doesn't matter what he thinks because he's referring to people as 'darlings' and 'incels' while saying that criticising people's socks is 'gaslighting' he's not being targeted, he's being called out.

Was his statement that the trainee female solicitor had a crush on him true and what was the relevance of her gender and her status as a trainee in the claim?

People involved in a work relationship would obviously want to keep it secret and would hardly trumpet it around the office. Hardly 'blame'.

Another one who [allegedly] wants someone with an adult female body who he can treat like a child.

It all feels a bit sinister somehow.

...ate Stefano's hamster.

No one actually digs some basic facts of the case. According Deacons internal investigations, there is no harassment nor substantiated claims as alleged. X is unhappily married with a primary sch age child. She s not young at all. She is neither a trainee nor locally qualified. No one will blame her to have an affair out of her marriage but a revengeful bite as such is horrible. From her claims, clearly there was a mutual consenual sex and relationship throughout those time. In short, this is an unsuccessful romance resulting in malicious retailation. Everyone should take this as a lesson to watch out any date. One may be destroyed by unsubstantiated claims brought by their mental ex gf or bf. Hope a detail defence from S may clear the smoke.

Sadly Mariani is a stereotype in HK. There's a reason he is working here not in London. He can get away with this behavior here (until now). Especially in local firm. No one dares to stand up to 'Oxford' grad.

He should have had psychological therapy a long time ago. This is not a dig at the guy; his behavior of having limited regard for his decisions and only caring about his status and ambition rather than having collegial relationships are telltale signs of psychopaths.

For companies, it is a highly useful case study because it shows the tragic effects of when a workplace system allows bosses to be fooled by the psychopath; they are not held to account and their "charm" takes them very far. This girl will have already suffered huge backlash because they would have assumed that she is the problem, not him.

It is a very sensitive situation but one that can teach us a great deal.

he's not being targeted, he's being called out

A duel sir? You offer me your glove? You dare?

Isn't there a certain inconsistency in calling the great Toby, Lord of the Green by the wrong name and attempting (unsuccessfully I might add) to demean him and then complaining when he returns the compliment to the idiot - who conveniently posts as anonymous but is clearly all the one person.

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