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10/29/2024 | News release | Distributed by Public on 10/29/2024 15:03

Commission on Professionalism releases report on pervasive bullying in Illinois legal profession and recommendations for change

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Commission on Professionalism releases report on pervasive bullying in Illinois legal profession and recommendations for change | State of Illinois Office of the Illinois Courts

Commission on Professionalism releases report on pervasive bullying in Illinois legal profession and recommendations for change

10/29/2024

By Erika N. L. Harold, Executive Director, Illinois Supreme Court Commission on Professionalism

On October 1-the first day of National Bullying Prevention Month-the Illinois Supreme Court Commission on Professionalism released a report on the prevalence and impact of bullying in the Illinois legal profession and best practices for preventing it.

The report, titled "Bullying in the Legal Profession: A Study of Illinois Lawyers' Experiences and Recommendations for Change," unveils data from a study of more than 6,000 Illinois lawyers, which included an anonymous statewide survey and 10 focus groups held on Zoom. It is believed to be one of the first wide-scale research projects in the U.S. on lawyer bullying.

The survey defined bullying as inappropriate behavior intended to intimidate, humiliate, or control the actions of another person, including verbal, nonverbal, or physical acts.

Who experiences bullying?

According to the study, one in four Illinois lawyers was bullied during a one-year period, and nearly one in five has left a job practicing law because of bullying. Extrapolating from this data, nearly 10,000 lawyers currently practicing in Illinois have left a job due to bullying.

"I have been insulted, yelled at, unfairly criticized, had my personal space invaded, and threatened in offices and courtrooms for nearly 30 years," a lawyer respondent said.

"Going to HR for bullying is often not a good option because you get branded as a troublemaker, especially if you are making allegations about a leader," another shared.

While bullying impacts lawyers from all backgrounds, it disproportionately affects female attorneys, attorneys with disabilities, attorneys of color, younger attorneys, and LGBTQ+ attorneys.

Here are some of our key findings:

  • 38% of female lawyers were bullied at work in the past year, compared to 15% of male lawyers
  • 38% of lawyers with a disability were bullied in the past year, compared to 23% of lawyers without a disability
  • 39% of lawyers aged 25 to 35 were bullied in the past year; lawyers in this age group were more likely than others to report that they had been bullied (12% of lawyers aged 66 to 75 were bullied in the past year)
  • 29% of lawyers who are gay, lesbian, or bisexual were the target of verbal bullying related to their sexual orientation, while 3% of heterosexual lawyers were verbally bullied related to their sexual orientation

In addition, when looking at race and ethnicity, over one year:

  • 36% of Middle Eastern/North African lawyers were bullied
  • 35% of Black/African American lawyers were bullied
  • 34% of Hispanic lawyers were bullied
  • 32% of multiracial lawyers were bullied
  • 28% of Asian American lawyers were bullied
  • 23% of white lawyers were bullied

How are lawyers bullied?

The most common types of bullying reported were verbal intimidation, such as insults, name-calling, or shouting; harsh, belittling, or excessive criticism of work; demeaning nonverbal behaviors; and imposing unrealistic work demands.

Lawyers were also subjected to cyberbullying, physical intimidation (throwing objects, invading space, and stalking), and physical contact (inappropriate touching, pushing, or shoving).

Lawyers who reported being bullied suffered negative professional, emotional, and physical effects as a result of the bullying, including a negative change in emotional well-being (54%), feelings of less productivity at work (39%), and a decline in physical health (20%).

"Bullying compounds itself. After being bullied, you begin to worry. Then, you have trouble sleeping. You come to work but you aren't working at your full capacity," a lawyer respondent said.

Most lawyers identified the bully as a lawyer external to their organization (33%), a lawyer within their organization in a more senior or high-level position (31%), a judge (14%), or a client (7%).

"At my current job, the partner that I report to appears incapable of acknowledging his role in creating the toxic workplace problems that exist," another lawyer said. "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."

How judges view bullying

We received numerous comments from judges about how they handle lawyer bullying in their courtrooms.

"If it's in the courtroom, it's on the judge," one judge shared. Another said, "Set the tone myself. This minimizes inappropriate behavior." A third commented, "Shooting it down right away is generally effective." Lawyers shared their appreciation for judges who take the lead in addressing bullying in their courtrooms and litigation activities.

"A judge that makes it very clear from the first impression that something's about to happen, that they are not going to tolerate that in their courtroom, makes a huge difference," an attorney said.

Recommendations for addressing and preventing workplace bullying

The report outlines recommendations that workplaces, bar associations, law schools, courts, and others can take to help prevent bullying in the legal profession. These include:

  • Legal workplaces should develop, implement, and enforce anti-bullying policies. Existing anti-harassment policies that only prohibit abusive behavior based on a protected class are insufficient.
  • Legal workplaces should conduct training specific to their organization's anti-bullying policies and procedures to equip lawyers with tools to respond, whether they are being targeted by bullying or witnessing it.
  • Law schools should also offer educational programs and training to law students on bullying prevention.
  • Courts should enforce anti-bullying standards (including standing orders regarding bullying and incivility) in legal proceedings, and judges should continue to receive training regarding their power and tools to address incivility, bullying, and harassment.
  • The Illinois Attorney Registration and Disciplinary Commission should continue to review the bullying complaints it receives and, when such complaints show bullying behavior that violates the Illinois Rules of Professional Conduct, recommend appropriate remediation or disciplinary measures to send a strong message against the bullying.
  • Bar associations should use their resources and reach to advance programs that educate members on the prevalence and impact of bullying in the legal profession.

A powerhouse group of respected attorneys and judges from across Illinois served on the initiative's Advisory Council, providing thought leadership and guidance in the creation of the survey and focus groups and reviewing and commenting on the draft report.

The study was administered by The Red Bee Group, LLC, under the leadership of Principals Stephanie A. Scharf and Roberta D. Liebenberg, who also co-authored the report.

Next steps

The Commission plans to use this report as a catalyst for future programming and tools aimed at addressing and preventing bullying in the legal profession. This includes creating online and in-person continuing legal education courses and judicial training based on the report, and incorporating guidance regarding bullying into the Commission's lawyer-to-lawyer mentoring curriculum and law school professionalism orientations.

The Commission also welcomes the opportunity to collaborate with Illinois bar associations and legal and judicial organizations on additional resources and programs.

This initiative and report would not have been possible without the leadership of the Justices of the Illinois Supreme Court. That they supported the undertaking of this initiative, survey, and report reflects a courageous commitment to transparency and an eagerness to be innovative in cultivating a more inclusive and effective legal profession.

On a personal note, as someone who has experienced bullying both as a student and an attorney, it has been personally and professionally gratifying to have the opportunity to help lead this initiative.

I have been moved by the often painful experiences Illinois lawyers have shared yet profoundly encouraged by the way Illinois' bench and bar have embraced this study and the opportunity it presents to lead change in Illinois and beyond.

The Preamble to the Illinois Rules of Professional Conduct emphasizes that "[a] lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice."

Preventing bullying in the legal profession will empower Illinois lawyers to better effectuate each of these noble tenets and help strengthen confidence in the legal system.