Zero tolerance

LawCare CEO Elizabeth Rimmer considers why bullying in the legal profession persists and looks at what can be done to tackle this damaging behaviour 

Bullying remains an all-too-common concern within the legal sector and in 2023 we saw an alarming 95% increase in the number of people contacting LawCare for support because of bullying, harassment or discrimination at work.

Often those who got in touch said they had thought that bullying would never happen to them, and that they didn’t feel able to speak out about their experience. One trainee solicitor felt they had to ‘stick it out’ until the end of their training contract. Another legal professional said caring responsibilities and financial pressures made them feel trapped in their role.

Yet bullying is far more than just a problem for individuals; it also has a detrimental effect on legal organisations and the sector as a whole.

The problem is not new – it has been around for decades – but is it just a price we pay for working in such a competitive and demanding profession? I don’t think so.

Why does bullying thrive in the legal workplace?

The hierarchical and fast-paced nature of working in the law can create an environment where bullying behaviours thrive, particularly when this behaviour goes unchallenged.

LawCare’s Life in the Law research showed that people working in the legal sector struggle with burnout, lack of autonomy at work, poor psychological safety and very high workloads. These can create a stressful work environment that allows bullying to flourish. This situation is exacerbated by managers who often lack the skills and time to manage conflicts when they arise. They avoid confrontation, so issues escalate and bullying persists.

Widespread impact

Bullying takes many forms, from verbal abuse and micro-management to setting unrealistic deadlines and systematic exclusion. The effects can be far-reaching, with a damaging impact on people’s lives and on performance at work.

Many people experience physical symptoms, such as stress, anxiety, depression, panic attacks and even post-traumatic stress disorder. They may also become isolated as they withdraw from social groups as a result of the bullying. One person who contacted LawCare for support said their confidence, sleep and finances have all been impacted. Financial hardship is particularly common where people feel they have no choice but to leave the organisation and sometimes even their careers altogether.

"Organisations where bullying goes on pay a very high price, with a toxic work environment resulting in decreased productivity, lower morale and increased absenteeism” 

Organisations where bullying goes on also pay a very high price, with a toxic work environment resulting in decreased productivity, lower morale and increased absenteeism. They may experience high turnover rates as valuable employees leave resulting in recruitment and training costs increasing. Failure to tackle the problem means organisations face a greater risk of regulatory scrutiny, as bullying can undermine the ethical standards and professionalism expected of them.

Bullying compromises the whole sector, potentially harming professional relationships between colleagues, opposing lawyers and those within the court system. This can lead to less collaboration and the undermining of client trust, should those who witness bullying behaviour between legal professionals have their confidence in the profession eroded. A reputation for bullying can spread beyond the legal community, reaching clients, potential clients and the general public.

How do we change?

Addressing bullying in the workplace requires a collective effort from everyone within the sector to foster a culture of respect, inclusivity, and openness.

All of us can play a part in helping protect colleagues who are being bullied and contributing to cultural change. Here are a few ways you can make a difference:

• Make sure you are able to recognise bullying behaviours – be aware that it can be more subtle than name calling or intimidation;
• If you know someone who is being bullied, reach out to them in private. Let them know that you acknowledge what they are experiencing and that it is not acceptable. Encourage them to document the incidents and signpost them to organisations, including LawCare and the National Bullying Helpline, that can offer support; and
• Talk about bullying with your colleagues and leadership as this helps to break down stigma. Ask for training on workplace bullying, communication and conflict resolution.

Leadership must take a proactive stance to prevent bullying within their workplaces before it starts. That means doing more than just having polices and reporting mechanisms in place; it means publicly addressing the issue, taking a clear stand against it and actively promoting a culture of respect. This could include:

• Talking about bullying at work and having a culture of openness;
• Making sure that people who are known bullies are not tolerated or rewarded, even if they are bringing in a lot of work and are otherwise successful;
• Including behavioural aspects of management in the appraisal process; and
• Having regular training sessions on the signs of bullying, its impact and the importance of maintaining a respectful workplace.

In conclusion, creating healthier, more inclusive workplaces where bullying is not tolerated is essential for the long-term sustainability and integrity of the legal sector. It is crucial that all members of the legal community, from paralegals to senior partners, are part of this collective effort.

If you would like to know more, LawCare has lots of information and resources about bullying, including 10 practical steps for managers on workplace bullying.

If you are being bullied you can talk to LawCare about your situation and how you are feeling. It can be a good way to talk through your options. Call LawCare on: 0800 279 6888, email support@lawcare.org.uk or get in touch using the online chat on www.lawcare.org.uk.