8 ways to stamp out toxicity in law
To dismantle the toxic structures that enable bullying and harassment, the legal profession must adopt radical changes, writes Stefanie Costi.
To dismantle the toxic structures that enable bullying and harassment, the legal profession must adopt radical changes, writes Stefanie Costi.
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The legal profession, which prides itself as the gold standard of justice, is hiding a filthy secret: it’s rife with workplace bullying and harassment. This isn’t a case of a few bad apples ruining the bunch. It’s a systemic blight, deeply rooted in rigid hierarchies, outdated structures, and a suffocating culture of silence.
Understanding how these toxic elements are intertwined is not just important – it’s essential for blowing the lid off the pervasive misconduct that festers unchecked within the profession.
Let’s dissect why our profession, supposedly built on justice, has either through deliberate design or sheer negligence, morphed into a breeding ground for abuse.
The power of hierarchy
Hierarchy in law firms and legal institutions isn’t about streamlining operations – it’s about perpetuating an oppressive power dynamic that crushes everyone beneath it. From junior lawyers to senior partners, each rung on this ladder is meticulously defined, fiercely protected, and jealously guarded. This isn’t organisational efficiency; it’s a bloody battleground where power is the ultimate currency.
In this cutthroat environment, hierarchy becomes a tool for dominance rather than management. Senior lawyers and partners aren’t merely overseeing – they’re bullying and controlling. They’re not chosen for their people skills but for their ability to manipulate billable hours and make it rain. These so-called leaders often lack the basic qualifications for managing people but are given these positions due to their financial prowess.
The result? A toxic pressure-cooker where abuse is not just possible but expected. Junior staff are subjected to relentless demands, often under the guise of “tough love” or as a so-called “rite of passage”. They’re told to endure the harassment and bullying or face career annihilation. The message is clear: put up with the abuse, or you’re out.
This brutal power dynamic creates an environment where any semblance of respect or empathy is crushed under the weight of unchecked authority. It’s not just about getting ahead; it’s about surviving a hostile gauntlet that leaves many battered and broken. This is not a profession dedicated to justice – it’s a battlefield where only the strong survive, and the weak are discarded.
Structural inequalities
The structural inequalities entrenched within law firms and legal institutions don’t just breed a toxic environment – they fuel it. Take the billable hour model, for example. This outdated practice isn’t just about tracking time; it’s a relentless machine that rewards burnout and unhealthy competition. Colleagues aren’t just vying for promotions – they’re backstabbing, undermining and sabotaging each other to claw their way to the top. The entire system is rigged to pit employees against one another in a cruel game of survival where only the most ruthless thrive.
But that’s just the start. The glaring lack of diversity at senior levels of many firms isn’t a mere oversight – it’s a systemic problem that perpetuates inequality. Leadership teams that lack diversity are more likely to be disconnected from the realities faced by a varied workforce. This disconnect isn’t benign; it fosters a culture where subtle forms of harassment and discrimination go unchecked. When leaders are out of touch with the issues faced by their diverse employees, bullying is not only tolerated but is allowed to fester unchecked.
The culture of silence
One of the most insidious aspects of bullying and harassment in the legal profession is the culture of silence that surrounds it. Speaking out against a superior or even someone on your own level can be career suicide. Whistleblowers are often met with retaliation, ostracism, and outright termination. This fear of repercussions keeps many victims silent, allowing the perpetrators to continue their abusive behaviour with impunity.
Law firms are more concerned with preserving their public image than addressing internal rot. Admitting to problems of bullying and harassment would tarnish their carefully curated facade. So, these issues are swept under the rug, and perpetrators remain unaccountable. The result is a profession where justice is served only to those who can survive the toxic culture – while the rest are left to suffer in silence.
Radical measures are essential to eradicate toxicity in the legal profession
To dismantle the toxic structures that enable bullying and harassment, the legal profession must adopt radical changes.
Here are some ways we can stamp out these insidious practices:
- Name and shame: Law firms must adopt a zero-tolerance stance and publicly shame offenders. This isn’t about being nice. It’s about forcing accountability and ensuring that perpetrators face real consequences. When the stakes are high, misconduct drops.
- Mandatory external audits: Introduce compulsory external audits of firm culture and management practices. Independent bodies must scrutinise every corner to expose and eradicate toxic behaviours. If you’re hiding something, you’re part of the problem.
- Flatten the hierarchy: Tear down the oppressive hierarchical structure. Create a more egalitarian environment where power imbalances are dismantled. Empower employees through collaborative decision making and shared responsibilities. Less hierarchy means fewer bullies.
- Ethical exit interviews: Implement third-party facilitated exit interviews to guarantee anonymity and honest feedback. Hold leaders accountable for ignoring this feedback, and make it a key performance metric. If leaders don’t act, they’re out.
- Whistleblower protections: Build rock-solid protections and incentives for whistleblowers. Ensure anonymity and shield them from retaliation. Reward those who expose the toxic underbelly of your firm. If you’re not protecting your whistleblowers, you’re endorsing abuse.
- Transparent compensation and promotion processes: Make compensation and promotion processes crystal clear. Hidden decisions breed favouritism and personal vendettas. Transparency ensures fair play and reduces opportunities for backdoor deals.
- Client accountability: Refuse to work with clients who mistreat your staff. Respect is non-negotiable. If clients are abusive, drop them. Your firm’s integrity should never be compromised for profit.
- Practice what you preach: End the hypocrisy. If the legal profession is going to uphold the law, it must start by cleaning up its own act.