Bullying in the legal profession is believed to be more common than in some other professions. It is believed that its adversarial, hierarchical tradition contributes towards this. [1] Women, trainees and solicitors who have been qualified for five years or less are more impacted, as are ethnic minority lawyers and gay, lesbian, and bisexual lawyers. [2]
Half of women lawyers and one in three men who took part in a study by the Law Council of Australia (LCA) reported they had been bullied or intimidated in the workplace. [3] The Law Council of Australia has found that women face significant levels of discrimination, with one of the study's key figures telling Lawyers Weekly the profession is a "men's only club". [4]
According to former High Court judge Michael Kirby, the rudeness of judges trickles down to senior lawyers who then vent their frustrations on more junior staff, thus creating a cycle of bullying and stress that is rife within the legal profession. [5]
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, researching the law and giving legal opinions.
A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters.
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.
A King's Counsel is a senior lawyer appointed by the monarch of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarch is a woman, the title is Queen's Counsel (QC).
The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to the bar". "The bar" is now used as a collective noun for barristers, but literally referred to the wooden barrier in old courtrooms, which separated the often crowded public area at the rear from the space near the judges reserved for those having business with the court. Barristers would sit or stand immediately behind it, facing the judge, and could use it as a table for their briefs.
Mary Genevieve Gaudron, is an Australian lawyer and judge, who was the first female Justice of the High Court of Australia. She was the Solicitor-General of New South Wales from 1981 until 1987 before her appointment to the High Court. After her retirement in 2002, she joined the International Labour Organization, serving as the President of its Administrative Tribunal from 2011 until 2014.
Michael Donald Kirby is an Australian jurist and academic who is a former Justice of the High Court of Australia, serving from 1996 to 2009. He has remained active in retirement; in May 2013 he was appointed by the United Nations Human Rights Council to lead an inquiry into human rights abuses in North Korea, which reported in February 2014.
Bullying is the use of force, coercion, hurtful teasing or threat, to abuse, aggressively dominate or intimidate. The behavior is often repeated and habitual. One essential prerequisite is the perception of an imbalance of physical or social power. This imbalance distinguishes bullying from conflict. Bullying is a subcategory of aggressive behavior characterized by hostile intent, imbalance of power and repetition over a period of time.
The American Bar Association (ABA) is a voluntary bar association of lawyers and law students; it is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's stated activities are the setting of academic standards for law schools, and the formulation of model ethical codes related to the legal profession. As of fiscal year 2017, the ABA had 194,000 dues-paying members, constituting approximately 14.4% of American attorneys. In 1979, half of all lawyers in the U.S. were members of the ABA. In 2016, less than one third of the 1.3 million lawyers in the U.S. were included in the ABA membership of 400,000, with figures largely unchanged in 2024.
Legal profession is a profession in which legal professionals study, develop and apply law. Usually, there is a requirement for someone choosing a career in law to first pass a bar examination after obtaining a law degree or some other form of legal education such as an apprenticeship in a law office.
Workplace bullying is a persistent pattern of mistreatment from others in the workplace that causes either physical or emotional harm. It can include such tactics as verbal, nonverbal, psychological, and physical abuse, as well as humiliation. This type of workplace aggression is particularly difficult because, unlike the typical school bully, workplace bullies often operate within the established rules and policies of their organization and their society. In the majority of cases, bullying in the workplace is reported as having been done by someone who has authority over the victim. However, bullies can also be peers or subordinates. When subordinates participate in bullying this phenomenon is known as upwards bullying. The least visible segment of workplace bullying involves upwards bullying where bullying tactics are manipulated and applied against "the boss," usually for strategically designed outcomes.
An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates.
Josh Bornstein is an Australian lawyer specialising in employment and labour relations law who has acted in several high profile legal matters. He is a member of the Board of economic think tank, Per Capita and the Advisory Board of the Centre for Employment and Labour Relations Law at the University of Melbourne. He is also head of Industrial Relations at Maurice Blackburn Lawyers, is deputy Chair of the Racing Appeals and Disciplinary Board. He is President of Tzedek.org, an advocacy organisation for victims of child sexual abuse within the Jewish community in Australia. Bornstein regularly represents women who have been subject to bullying or sexual harassment in the workplace. In 2021, Bornstein ran for preselection to represent the Australian Labor Party. Bornstein withdrew from the nomination following an article by The Australian, after it was revealed he had referred to Chris Bowen as a "muppet". Bornstein is said to be considering a second attempt at running for the senate.
Margaret Joan Beazley,, is an Australian jurist who is the 39th and current governor of New South Wales, serving since 2 May 2019. She was the president of the New South Wales Court of Appeal, the first woman to hold the office, from 2013 until February 2019.
The legal services sector of the United Kingdom is a significant part of the national economy; it had a total output of £22.6 billion in 2013, up from 10.6 billion in 2001, and is equivalent to 1.6% of the country's gross domestic product for that year. The sector has a trade surplus is £3.1 billion in 2013 and directly employees 316,000 people, two-thirds of whom are located outside London. The UK is the world's most international market for legal services. It allows virtually unrestricted access for foreign firms, resulting in over 200 foreign law firms with offices in London and other cities in the UK. Around half of these are US firms, with the remainder mainly from Europe, Australia and Canada. The UK legal market has a strong global position due to the popularity of English law. Some 27% of the world's 320 legal jurisdictions use English Common law.
Second-generation gender bias is a form of gender bias that appears neutral or not overtly sexist, but which discriminates against women because it reflects the values of the men who created or developed the setting, usually a workplace. It is contrasted with first-generation bias, which is deliberate, usually involving intentional exclusion.
Civility may denote orderly behavior and politeness. Historically, civility also meant training in the humanities.
Women in law describes the role played by women in the legal profession and related occupations, which includes lawyers, paralegals, prosecutors, judges, legal scholars, law professors and law school deans.
The history of the American legal profession covers the work, training, and professional activities of lawyers from the colonial era to the present. Lawyers grew increasingly powerful in the colonial era as experts in the English common law, which was adopted by the colonies. By the 21st century, over one million practitioners in the United States held law degrees, and many others served the legal system as justices of the peace, paralegals, marshals, and other aides.