Hazed and abused, some lawyers see bullying as part of job while others leave, new study says
Bullying experienced by lawyers is causing increased turnover and “a talent drain from the profession,” according to a new Illinois survey and study thought “to be one of the first wide-scale research projects” of its kind in the United States. (Image from Shutterstock)
Bullying experienced by lawyers is causing increased turnover and “a talent drain from the profession,” according to a new Illinois survey and study thought “to be one of the first wide-scale research projects” of its kind in the United States.
Bullying is even more prevalent against lawyers who are women, young and traditionally underrepresented in the legal profession, according to the study released Tuesday by the Illinois Supreme Court Commission on Professionalism. An Oct. 1 press release summarized the findings.
Eighteen percent of surveyed Illinois lawyers have left a job practicing law because of bullying, according to the survey. That means that nearly 10,000 Illinois lawyers have left at least at one job because of bullying.
The percentages of fed-up lawyers are higher for some groups. Twenty-eight percent of female lawyers have left a legal job because of bullying, as have 25% of LGBTQ+ lawyers; 28% of lawyers with disabilities; and 24% of Black, 24% of Hispanic and 24% of multiracial lawyers.
The survey, administered in September and October 2023, defined bullying as “inappropriate behavior intended to intimidate, humiliate or control the actions of another person, including verbal, nonverbal or physical acts.”
More than than 6,000 practicing Illinois lawyers in a variety of practice settings responded to the survey. Ten statewide focus groups were also hosted to gather information on personal experiences and suggestions on how to address bullying.
Focusing on events in just the past year, the study found that 24% of Illinois lawyers have been bullied at work.
The rate was 39% for lawyers ages 25 to 35, 38% for female lawyers, 38% for lawyers with disabilities, 29% for LGBTQ+ lawyers, 36% for Middle Eastern or North African lawyers, 35% for Black and African American lawyers, 34% for Hispanic lawyers, 32% for multiracial lawyers and 28% for Asian American lawyers.
“Bullying younger and female attorneys is a frequent tactic in litigation,” reported one white female lawyer in a law firm. “I’ve been in litigation for 15-plus years, and it happens all the time.”
“There is an industry standard to mistreat, overwork and haze new attorneys,” reported a Black female lawyer in a firm.
Bullying by younger lawyers often took the form of harsh and excessive criticism; demeaning nonverbal behaviors, such as eye-rolling and finger-pointing; having another lawyer take credit for their work; receiving work assignments below their capabilities; being subjected to unreasonable work demands; being excluded from work information and important meetings; and physical intimidation.
One younger lawyer reported being patted on the head and asked, “Oh, how old are you?” An opposing counsel said of a younger lawyer in court, “Your honor, I could be teaching this person law school courses.”
Bullying decreased with age. The percentage of lawyers reporting bullying in the past year was 33% for those ages 36 to 45, 29% for those ages 46 to 55, 19% for those ages 56 to 65, 12% for those ages 66 to 75, and 5% for those ages 76 to 85.
“Aggressive, mostly older lawyers intimidate younger/newer ones and use it as a legal tactic,” said one multiracial male lawyer.
The types of bullying reported by female lawyers include verbal bullying, such as shouting and insults; being called demeaning names, such as “honey” and “cutie;” and more extreme name calling such as “f- - -ing c- - -.”
Physical bullying included having physical space invaded, such as getting close to the face or blocking a doorway. Women also reported bullying in the form of sexual harassment and comments about childbearing and motherhood, such as, “She should have stayed home and had kids.”
White male lawyers also reported bullying, albeit at a lower rate of 23%.
“At my current job, the partner that I report to appears incapable of acknowledging his role in creating the toxic workplace problems that exist,” said a white male lawyer in a firm. “On a daily basis, this leads to increased staff stress, anxiety and uncertainty. … Staff is ignored, badgered, lied to regularly and blamed for mistakes caused by the partner.”
Twenty-three percent of respondents said the person with bullying behavior is a lawyer in their firm or company who is senior to them. But others are also doing the bullying. Thirty-three percent of respondents identified their bully as a lawyer outside their firm or company, 14% said the bully was a judge, and 8% said the bully was a high-level member of their firm or company.
The most common immediate response to bullying was ignoring it, reported by 47% of respondents. Forty-three percent verbally defended themselves, while 31% attempted to diffuse the situation.
Only 20% of bullied attorneys reported the issue to a supervisor, an upper-level attorney or a human resources manager.
Those who reported bullying didn’t always get the results that they wanted. Thirty-one percent said their employer’s response to a report of bullying was “not sufficient,” and 21% said it was “totally unsatisfactory.”
Some lawyers reported being told that bullying is just part of the job, and they should accept it.
“The bully was a senior exec that no one dared criticize or ask to admit he did something wrong. I was told by my manager, ‘That’s just how it is,’ and, ‘You have to learn to work with [the executive] and put on that fake smile,’” reported a white female lawyer in a corporation.
The study included several recommendations to combat bullying. They include:
• Legal workplaces should implement and enforce anti-bullying policies that include remedial actions for bullying, including training, reprimand, demotion and termination.
• Courts should enforce anti-bullying standards.
• The Illinois Attorney Registration and Disciplinary Commission should recommend appropriate remediation or disciplinary measures for bullying conduct that violates ethics rules.
• Bar associations should educate members about the prevalence and impact of bullying.
The report is Bullying in the Legal Profession: A Study of Illinois Lawyers’ Experiences and Recommendations for Change. The study authors are Stephanie A. Scharf and Roberta D. Liebenberg of the Red Bee Group, which conducted the study for the Illinois Supreme Court Commission on Professionalism.
The commission’s executive director is Erika Harold, a former litigation attorney who had an anti-bullying platform when she was crowned Miss America 2003.
“Lawyers play an invaluable role in our justice system and, to effectively do so, must be able to practice in workplaces where everyone is treated with dignity and respect,” Harold said in the press release.
