By Blake Hollingsworth | Staff Writer
Trial lawyers Roberta Liebenberg and Stephanie Scharf joined a Baylor Round Table webinar Wednesday afternoon to discuss their study on bullying in the legal profession. The discussion explored workplace dynamics, the impact of bullying on lawyers and ways to foster a more supportive legal environment.
According to the Illinois State Bar study, in a survey of over 6,000 Illinois-based lawyers, 24% experienced workplace bullying in the past year, with 13% facing repeated incidents.
Liebenberg said such mistreatment is detrimental to the industry, often stemming from power imbalances in legal workplaces.
“I know this has also happened to lawyers… A client who is being more zealous than what the situation is called for,” Liebenberg said. “How do you deal with the dynamic in a law firm where the person who is doing the bullying is the chief rainmaker?”
Additionally, Liebenberg said she and Scharf chose bullying as the subject matter for the study because it’s more difficult to address than discrimination.
“Workplace anti-harassment laws only cover abuse targeted at specific characteristics like race, gender or sexual orientation,” Liebenberg said. “Bullying that falls outside this definition may not be addressed by an organization’s policies, allowing it to persist. Without formal legal mechanisms for redress, we felt it was important to collect data to assess its prevalence and impact.”
Liebenberg said that women and younger lawyers were disproportionately affected, with 38% of female lawyers reporting bullying compared to 15% of male. Younger attorneys, particularly those aged 25 to 35, were also more likely to face bullying.
Employees’ well-being and success often suffer as a result, according to the study, 54% of bullying victims reported emotional distress, 39% felt less productive, 20% experienced declining physical health and 18% even resigned.
The researchers also noted that judges are part of the problem, with roughly 14% of respondents reporting being mistreated by judges, according to Scharf.
“Most people were very disappointed in how judges responded because they were so erratic –– so different from one from the other, and judges themselves recognized it,” Scharf said.
Furthermore, Scharf said that some judges involved in the study believe inappropriate behavior is their responsibility to address in the courtroom, while others feel it’s not their problem.
“One of our recommendations is that each court system should have some standards and policies about what judges should do with respect to bullying –– and that’s a protection for judges as well because nobody wants to be doing something that won’t be backed up.”
To address workplace bullying, Liebenberg and Scharf recommend a combination of training, mentorship and structural reforms. They said employers, bar associations and judicial bodies should establish clear policies and confidential reporting mechanisms to create a more supportive work environment.
“I think having those types of resources at their fingertips will go a long way in ensuring that we keep our young lawyers in the profession and putting a stop to this kind of conduct,” Liebenberg said.
Scharf encouraged aspiring attorneys to advocate for themselves and seek mentorship.
“Know your rights, document incidents and find allies in the profession,” she said. “You don’t have to endure mistreatment in silence. There are people willing to support you, and the more we shed light on this issue, the harder it will be for toxic behaviors to persist.”
