- Statewide study of more than 6,000 Illinois lawyers explored experiences with bullying; believed to be one of the first wide-scale research projects on topic in U.S.
- Data show bullying disproportionately affects female attorneys, attorneys with disabilities, attorneys of color, younger attorneys, and LGBTQ+ attorneys
- Bullied lawyers experienced negative professional, emotional, and physical effects, including almost 20% reporting leaving legal jobs due to bullying
- Report raises awareness of bullying in the Illinois legal profession during National Bullying Prevention Month, which occurs each October
The Illinois Supreme Court Commission on Professionalism today released a report on the prevalence and impact of bullying in the Illinois legal profession and recommended 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, raising awareness of the challenges during National Bullying Prevention Month. It is believed to be one of the first wide-scale research projects in the U.S. on the topic.
The data show that, while bullying impacts lawyers from all backgrounds, it disproportionately affects female attorneys, attorneys with disabilities, attorneys of color, younger attorneys, and LGBTQ+ attorneys.
“Bullying fundamentally conflicts with the principles of professionalism, civility, and integrity, which are foundational to a lawyer’s role as an officer of the legal system,” said Illinois Supreme Court Justice Elizabeth M. Rochford, Supreme Court Liaison to the Commission on Professionalism. “The Illinois Supreme Court is pleased that its Commission on Professionalism is at the vanguard of this movement to prevent bullying in the legal profession.”
“Lawyers play an invaluable role in our justice system and, to effectively do so, must be able to practice in workplaces where everyone is treated with dignity and respect,” said Erika Harold, Executive Director of the Commission on Professionalism. “During this study, Illinois lawyers shared painful stories of being demeaned, targeted, and ostracized, leading to stress, anxiety, and productivity challenges that can make it difficult for lawyers to serve clients, advance their careers, and take care of themselves and their loved ones. Some lawyers also reported being told that bullying is an inherent part of the job that they should learn to accept.
“As we have reached a societal consensus that bullying should not be tolerated in schools, the standards for adult behavior in the workplaces, conference rooms, and courtrooms where lawyers practice and seek to effectuate justice should be even higher,” Harold continued.
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.
Bullying affects female, minority lawyers at higher rates
The survey defined bullying as inappropriate behavior intended to intimidate, humiliate, or control the actions of another person, including verbal, nonverbal, or physical acts.
Respondents were asked to focus on incidents of workplace bullying over a one-year period during 2022 and 2023, as opposed to their entire career.
The study found lawyers from groups traditionally underrepresented in the legal profession experienced bullying at higher rates:
- 38% of female lawyers were bullied, compared to 15% of male lawyers
- 38% of lawyers with an impairment that substantially limits a major life activity were bullied, compared to 23% of lawyers without that level of disability
- 29% of LGBTQ+ lawyers were verbally bullied related to their sexual orientation, compared to 3% of heterosexual lawyers
In breaking down experiences of bullying by race:
- 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
In addition, younger attorneys were more likely to experience bullying, with the probability of being bullied decreasing for each increasingly older group of lawyers. Thirty-nine percent of lawyers aged 25 to 35 were bullied, compared to 12% of lawyers aged 66 to 75.
Types of bullying and workplace response
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, and physical contact.
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%), or a judge (14%).
While a significant number of lawyers reported being bullied in their workplaces, most did not report it to their employers.
Only 20% of bullied attorneys reported the bullying behavior to a supervisor, human resources manager, or upper-level attorney. Common reasons for not reporting the bullying include not wanting to be perceived as weak or a “complainer” (34%), fear of the bully’s status (27%), the belief that the employer would not take action (27%), or concerns about the loss of work or their job (16%).
Of those who did report the bullying behavior, 52% rated their employer’s response as either “not sufficient” or “totally unsatisfactory.”
Bullying impacts lawyer productivity, health, and retention
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%).
Importantly, bullying was found to increase turnover and drain talent from the profession. Eighteen percent of survey respondents said they had left a job practicing law because of bullying. That means nearly 10,000 lawyers currently practicing in Illinois have left a job due to bullying.
This percentage was higher for female lawyers (28%), those with a disability (28%), and LGBTQ+ lawyers (25%). Twenty-four percent of Black, Hispanic, and multiracial lawyers said they had left a legal job due to bullying.
A key implication of this is that workplaces without appropriate anti-bullying standards, policies, and procedures are more likely to lose women, lawyers of color, LGBTQ+ lawyers, and lawyers with a disability due to bullying.
Recommendations for preventing bullying in the legal profession
The report outlines recommendations that workplaces, bar associations, law schools, government organizations, and others can take to help prevent bullying in the legal profession.
These include:
- Legal workplaces should develop, implement, and enforce anti-bullying policies. These policies should clearly define bullying, detail concrete and meaningful remedial actions for engaging in bullying (including mandatory training, reprimand, demotion, termination, or other consequences), outline the process for reporting bullying, require an investigation of the allegations and documentation of the results, and prohibit retaliation for reporting. Existing anti-harassment policies that only prohibit harassment 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 in courtrooms and litigation activities.
- The Illinois Attorney Registration and Disciplinary Commission (ARDC) 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.
- Lawyers being bullied should respond in the way they feel best safeguards their rights, well-being, and career.
“While individual lawyers can take steps to address the bullying behavior they are being subjected to, it should not fall solely on their shoulders, as they often hold the least amount of power to bring about change,” said John K. Kim, Chair of the Commission on Professionalism. “The prevention of workplace bullying ultimately rests on those with the authority to set and enforce policies in workplaces and courtrooms across Illinois.”
Catalyst for educational programs
The Commission will use this report as a catalyst for future educational programming aimed at addressing and preventing bullying in the legal profession. This includes an online continuing legal education course based on the report, which is expected to be released later this year.
“This would not have been possible without the leadership of the Justices of the Illinois Supreme Court, whose support of the Commission in undertaking this initiative reflects a courageous commitment to transparency and dignity,” Harold said. “The Commission is grateful for the vulnerability and candor of the Illinois lawyers who shared their experiences, our Commissioners for championing the study and believing in its impact, and the diverse perspectives and feedback of the Advisory Council in guiding the initiative. We invite organizations across Illinois and beyond to join us in our continued efforts to transform the culture of the legal profession.”
“The Red Bee Group was pleased to conduct this innovative study on bullying in the legal profession on behalf of the Commission on Professionalism,” said Stephanie Scharf, who is also a Partner at Scharf Banks Marmor LLC.
“We are hopeful that the research and recommendations will encourage organizations to take concrete actions to deter bullying in the workplace,” added Roberta Liebenberg, who is also a Partner at Fine, Kaplan & Black.
For complete methods, findings, and recommendations from the study, visit the Commission on Professionalism’s website, which includes the full report, a list of the Advisory Council Members, and additional resources.
About the Study
The Red Bee Group, LLC, conducted an anonymous survey of Illinois lawyers on their experiences with bullying in the legal profession over a one-year period and suggestions for preventing bullying. The survey was emailed in September 2023 and closed in October 2023. The survey was sent to lawyers who were registered as active in 2023 with the Illinois ARDC and were based in Illinois. A total of 6,010 lawyers responded to the survey.
In addition, the Red Bee Group held 10 focus groups of Illinois lawyers and judges from January through March 2024 to discuss personal experiences with bullying in the legal profession and suggestions for addressing and preventing bullying. A total of 48 lawyers and judges participated in the focus groups.
The survey and focus groups were designed to gather information from a representative sample of all actively practicing lawyers based in Illinois, across many work settings, practice areas, and demographics.
About the Illinois Supreme Court Commission on Professionalism
The Illinois Supreme Court established the Commission on Professionalism under Supreme Court Rule 799 to promote integrity, professionalism, and civility among the lawyers and judges of Illinois, to foster a commitment to the elimination of bias and divisiveness within the legal and judicial systems, and to ensure those systems provide equitable, effective, and efficient resolution of problems for the people of Illinois.
The Commission achieves this mission through professional responsibility continuing legal education (CLE), lawyer-to-lawyer mentoring, legal professionalism programming, educational resources, robust communications platforms, and more. To learn more, visit 2Civility.org and follow us on social media.
Press Contact
Laura Bagby, Communications Director
312-363-6209
laura.bagby@2civility.org