The Silent Epidemic of Bullying in the Legal Profession

The Silent Epidemic of Bullying

What will you learn today?

IN THE LEGAL PROFESSION

BY COLLEEN M. ARACRI, ESQ.

MSBA MEMBERS LEARN FOR FREE!

Did you know that all CLE 90 minutes or less are included in the price of membership?

Choose from nearly 300 titles covering a wide range of topics across the legal profession and start your learning journey with MSBA.

Start today! msba.org/members-learn-free MARYLAND BAR JOURNAL | VOLUME 6 ISSUE 3

111

The Silent Epidemic of Bullying

IN THE LEGAL PROFESSION

BY COLLEEN M. ARACRI, ESQ.

112

MSBA.ORG | VOLUME 6 ISSUE 3

BULLYING IN THE LEGAL PROFESSION IS NOT SIMPLY INCIVILITY; IT INVOLVES REPEATED, INTENTIONAL BEHAVIOR THAT INTIMIDATES, HUMILIATES, OR UNDERMINES ANOTHER PERSON, OFTEN EXPLOITING POWER DYNAMICS. Addressing Bullying in the Legal Profession In the high-pressure world of legal practice, the line between demanding quality work and harmful behavior often blurs, contributing to an enduring issue: workplace bullying. The Illinois Supreme Court Commission on Professionalism recently conducted a groundbreaking study on bullying in the legal profession.1 This study provides critical insights into how bullying affects lawyers’ well-being, professional satisfaction, and the public’s perception of justice. All attorneys can draw valuable lessons from this report, particularly as we aim to foster supportive and balanced legal workplaces.

The Scope of the Problem Bullying in the legal profession is not simply incivility; it involves repeated, intentional behavior that intimidates, humiliates, or undermines another person, often exploiting power dynamics. Verbal abuse, unrealistic demands, exclusion, and even physical aggression were reported by 24% of Illinois lawyers in a single year, with many incidents remaining unreported due to fear of retaliation or perceived futility. 2 Bullying in the legal profession is alarmingly common. In Illinois, 24% of surveyed attorneys reported being bullied in the past year, and 13% experienced repeated bullying.3 The report identifies common forms of bullying:

● VERBAL INTIMIDATION: Insults, name-calling, and shouting.

● HARSH CRITICISM: Excessive and belittling feedback.

● UNREALISTIC WORK DEMANDS: Imposing unmanageable workloads.

● EXCLUSION: Withholding vital information or opportunities.4

While these behaviors are harmful in any context, they are particularly damaging in high-pressure environments where collaboration and trust are critical.

Disproportionate Impact The study highlights how bullying disproportionately affects certain demographics. Certain groups face bullying at higher rates. Women attorneys are bullied at more than double the rate of their male counterparts—38% versus 15%.5 Minority lawyers, particularly Black (35%), Hispanic (34%), and Middle Eastern/North African (36%) attorneys, also experience disproportionately high rates.6 For LGBTQ+ lawyers, the statistics are equally troubling: 29% of gay or lesbian attorneys and 46% of bisexual attorneys reported being bullied, with verbal harassment related to sexual orientation being a significant issue.7 Younger lawyers (ages 25–35) are the most vulnerable, with 39% reporting bullying in the past year. Conversely, older attorneys (66 and above) also face unique challenges, often targeted for their age or perceived obsolescence.8

Systemic Barriers to Reporting Despite its prevalence, bullying often goes unreported.

Only 20% of those bullied reported the incidents to their employers, and the response was often insufficient or dismissive. Lawyers feared being labeled as weak or unfit for the profession, perpetuating a culture of silence.

Those who did report often found that their concerns were inadequately addressed, with only 22% of employers committing to take action against the bully.9

The Impact on the Profession Bullying takes a severe toll on attorneys and their organizations.

54% of bullied lawyers reported emotional distress, including anxiety and loss of confidence. 20% experienced physical health declines.10 Remarkably, 18% left their jobs due to bullying.11

1 https://civility.wpenginepowered.com/wp-content/uploads/2024/10/2Civility_BullyingReport_Full_FN.pdf 2 Id. pp 24-255.

3 Id. p 24.

4 Id. pp 24-25.

5 Id. p 27.

6 Id. p 31.

7 Id. p 30.

8 Id. p 34.

9 Id. p 12, 41.

10 Id. p 12.

11 Id. p 12.

MARYLAND BAR JOURNAL | VOLUME 6 ISSUE 3

113

Beyond individual harm, bullying erodes organizational culture and public trust. High turnover, reduced morale, and impaired collaboration are common in toxic workplaces. Additionally, the normalization of such behavior undermines the justice system’s integrity, as lawyers are expected to uphold principles of equality and dignity. 12

Recommendations for Change To combat bullying effectively, legal workplaces must adopt a proactive, systemic approach. The Illinois report provides a roadmap with actionable recommendations:

ANTI-BULLYING POLICIES Legal workplaces should implement clear policies defining bullying, outlining reporting procedures, and detailing consequences for violators. Policies must go beyond traditional anti-harassment frameworks, addressing power imbalances and retaliatory behaviors.13

TRAINING AND EDUCATION Organizations and law schools should provide targeted training to educate attorneys on recognizing and addressing bullying. Training should equip lawyers to intervene as bystanders and support colleagues who experience bullying.14

ONLY 20% OF THOSE BULLIED REPORTED THE INCIDENTS TO THEIR EMPLOYERS, AND THE RESPONSE WAS OFTEN INSUFFICIENT OR DISMISSIVE. LAWYERS FEARED BEING LABELED AS WEAK OR UNFIT FOR THE PROFESSION, PERPETUATING A CULTURE OF SILENCE.

JUDICIAL ACCOUNTABILITY Courts should adopt standing orders addressing bullying and incivility. Judges should receive training on identifying and addressing misconduct, ensuring that courtrooms are spaces of dignity and respect.15

BAR ASSOCIATION INITIATIVES Bar associations can play a pivotal role by offering resources, such as model policies and toolkits, and hosting continuing legal education (CLE) programs on bullying prevention. Peer mentoring programs can provide critical support to affected attorneys.16

CULTURAL CHANGE Ultimately, preventing bullying requires a cultural shift within the legal profession. Leaders must model civility, prioritize inclusivity, and hold perpetrators accountable. This starts with acknowledging that bullying is incompatible with the values of justice and equity.

12 13 14 15 16

114

MSBA.ORG | VOLUME 6 ISSUE 3

Id. p 16, 53.

Id. p 13.

Id. p 13.

Id. p 13.

Id. p 14.