Who is to blame for the bullies?

Wellbeing

Who is to blame for the bullies?

Few of us have never encountered bullying behaviour in our profession. The Profile of the Profession 2018 (POP) published by the Law Society of Scotland 1 makes it clear that bullying, harassment and sexual harassment are still significant issues. Thirty-four per cent of respondents replied that they had witnessed this, with twenty-eight per cent having experienced it. Whilst the majority are female that is not exclusively the case. There is a real desire for change.

Accounts range from inappropriate comments through to threats of violence, with varying views on how effectively complaints were handled by the victim’s organisation. The relative positions of power are often in play here and, given the work still needed on gender discrimination, it is frequently (though not exclusively) played out between senior men and junior women.

My own experience has included comments about my dress, being told I am not entitled to ask questions at meetings, being denied access to support from junior staff and having client work snatched from me. To be honest none of that much broke my stride – it rather made me bolder. But witnessing, and hearing, how other people are treated has over the years made me very angry.

The worst examples directly reported to me include criticism of mistakes, due to a known disability and absences due to attending hospital for cancer treatment. The round table discussions organised by the Law Society of Scotland following POP gave further insights from across the country. In the report from May 2020, it quotes one round table attendee saying “No one was surprised by the findings of Profile of the Profession. It is surprising that people were surprised”.

There is a distinct lack of reporting. The relatively small size of the profession here in Scotland might have a bearing due to fear about the effect it may have on future career prospects. The partnership model might also be a barrier if the perpetrator is a partner. Of course, many firms have relevant HR policies but what if this is not reflected in practice? Not everyone sees their HR team as an ally – perhaps again as they are principally answerable to the partners.

Some behaviour is viewed as so mainstream it doesn’t even get a mention, “everyday sexism”. Putting up with public criticism, the singling out of people to “move on” and constant negativity can drive people to leave the firm or, in some cases, leave the profession. Most don’t complain as they don’t believe they will get a fair hearing and prefer to just quietly slip away. Issues for the profession are not just within firms but also with clients and in court. The #metoo movement has possibly helped to embolden victims. But clearly there is a way to go.

To see the change many of us want, senior lawyers must take a lead. It is our duty as colleagues, employers and human beings. It is entirely unacceptable to be aware of such bad behaviour and do nothing about it, even if that is also out of fear of repercussions. Turning of blind eyes and deaf ears goes to the heart of the problem and we must all be a bit braver.

The bullies themselves are often unpleasant (and maybe their unpleasantness is a result of something in their past) but they are also often rather inadequate or a bit pathetic. Perhaps I wouldn’t go so far as to say “more to be pitied than blamed” but you get my drift. My real antipathy is towards those who facilitate the bullying by pretending it does not exist; often because the bully is seen as “important” for fee-earning potential or business generation. In raising issues myself, I have been told that I am the only person to encounter such a problem (an attempt at gas lighting which I know not to be true) or, even better, that if I modified my behaviour (he) wouldn’t be goaded into being a bully. A variant on “if you hadn’t annoyed him you wouldn’t have been beaten to a pulp”.

Such weakness of leadership can change. I have experienced some really good examples. My current firm treats its people in a grown-up way and is focussed on our wellbeing. I am part of a very happy and cohesive team and feel confident that there is no such behaviour at play. I really want our young lawyers to know that they don’t have to put up with this – that their professional life can be better and that they can seek out the good places to work so they don’t give up on law as a career. At an IBA conference organised by the Law Society of Scotland in 2019 on this topic we heard from the managing partner of a Scottish firm who told of a staff engagement survey which highlighted a bullying problem in a particular area. As I understand it the person complained of was, indeed, a star performer. However, the staff members who had suffered bullying by him were considered more important and so, the star was dismissed. The positive impact on the rest of the staff was enormous and I suspect that the economic boost to the firm from a happy and engaged workforce was positive too. The IBA have recently launched some further training in this area. 2

Bad behaviour can only take place if we allow it. Let’s call it out when we see it. Let’s choose our leaders carefully. Because, after all, who is to blame for the bullies? ■

Dorothy Kellas

Dorothy Kellas

Partner at Gilson Gray

1. https://www.lawscot.org.uk/media/361498/lss-pop-reportfinal-december-2018.pdf

2. https://www.lawscot.org.uk/news-and-events/legal-news/ iba-launches-anti-bullying-and-harassment-training/