Bullying in Law Profession

Bullying is Not Uncommon in the Law Profession

Several recent surveys have suggested that bullying is rife throughout the profession of law- with around thirty percent of all lawyers experiencing bullying.
Mahlab’s annual survey found that nearly one quarter of private practice lawyers surveyed said they had been the subject of bullying behavior, including intimidation, shouting, persistent and unjustified criticism. Nearly seventy percent experienced humiliation through sarcasm, criticism or insulting.
A 2003 NSW Law Society survey of 1800 lawyers, in which 54.2 percent of respondents reported being bullied or intimidated, with 32.9 percent of them women. Those new to the job or in a low-status position were likely to be victims of bullying.
In an effort to find out whether bullying was systemic in law firms, the Law Institute of Victoria conducted a survey of 265 clerks that found 47 per cent had suffered some form of harassment, bullying or intimidation at work. Almost a quarter of respondents reported discrimination in the workplace and 23 per cent said they had received negative or unfair comments about them or their work. Seven per cent said they had experienced physical intimidation or assault.
The problem can be hard to address within firms because the bullies are often high performing, high-billing lawyers who justify their behavior as a result of working in a robust environment. However, the profession is starting to take notice. At the Law Society Council, possible penalties for bullying were raised recently, to include removing practicing certificated in severe cases. An education campaign began last year with the statewide distribution of CD-ROM that defined bullying behavior. In September last year, a Melbourne solicitor had his practicing certificate cancelled and was fined $16,500 for misconduct that included bullying his articled clerk.