Fighting Bullying in the Legal Profession: An Opportunity for Change

The Illinois Supreme Court Commission on Professionalism recently announced its new initiative, “Bullying in the Legal Profession: Its Prevalence, Impact, and Strategies for Prevention.” This initiative was created in response to growing concern about escalating bullying within the legal sector, particularly regarding race, age, and gender. Uncivil behavior and bullying tarnish the profession’s reputation and deter diversity in the field. The Commission on Professionalism aims to attack this issue by spreading awareness through education.

An experienced and diverse advisory council of bar leaders was assembled to help lead this initiative. The council’s first task is to design and conduct a statewide survey and hold focus groups to gauge the extent of bullying within the legal profession. By engaging with attorneys and other legal professionals, they aim to understand the true scope of the problem and gather insights on the best ways to address it. This groundbreaking research, possibly the first of its kind in the nation, will shape the Commission on Professionalism’s strategies for preventing and combatting bullying and will support the Commission’s broader educational efforts.

The advisory council is headed by Erika Harold, executive director of the Commission on Professionalism, who is nationally recognized for her bullying prevention efforts nationwide. The council consists of a diverse array of distinguished attorneys, judges, professors, and other professionals from across the State, all deeply committed to addressing bullying within the legal profession. I had the opportunity to attend the first meeting of this council and witnessed firsthand the passion and determination each member brought to the table. During this meeting, each member shared personal experiences with bullying in the profession, providing shocking accounts of ongoing racism, sexism, homophobia, hazing, and more.

Among the council members is Illinois Appellate Court Justice Debra Walker, a seasoned member of the judiciary with 15 years on the bench. In a follow-up interview, I had the chance to delve deeper into her perspectives. She reflected on her early career, recalling an incident that occurred while she was a summer associate that transcended bullying: “I wouldn’t say that what I experienced was bullying, per se. I would say what I experienced was worse than bullying because it rose to the level of sexual harassment.” Justice Walker’s experience provides insight into how deeply ingrained these problems are within the legal profession’s culture.

Furthermore, a troubling consensus emerged during the meeting: the uncivil behavior and discriminatory practices are worsening. This observation was corroborated by Justice Walker, who described “a general deterioration in behavior in the courtroom with respect to bullying.” She shared a particularly disturbing incident where “an older white male made a younger female person of color cry in [her] courtroom.” Such anecdotes emphasize the importance of the initiative’s goals, highlighting the urgent need for cultural transformation within the legal profession.

As a law student who hopes to practice in Illinois post-graduation, I see this initiative as an exciting and necessary step toward addressing the issue of bullying in the legal profession. From the outside looking in, the practice of law can often seem an intimidating, high-pressure environment. This perception can deter many aspiring attorneys, particularly those who belong to historically marginalized groups. This initiative sends a powerful message: that all legal professionals should be treated with respect and dignity, irrespective of their role, gender, race, religion, or age.

Furthermore, I think this initiative will be quite successful as it targets the source of the problem: the culture of bullying and the indifference and inaction that allows it to continue.

Like many people I know, I experienced bullying growing up. However, I was fortunate that my experiences with bullying were largely confined to elementary and middle school. As I transitioned to high school, I noticed an encouraging change in culture within the student body that emphasized respect and inclusion, significantly decreasing bullying. This change demonstrated to me the power of cultural transformation and accountability among peers.

This observation has informed my perspective in other areas of my life. While working at a summer camp, I discovered that top-down orders were less effective than education and encouragement toward positive change. Change requires leaders to initiate a shift from within. Thus, cultural changes can be initiated by inspiring leaders through education regarding the problem. By embracing this approach, I was encouraged to see how quickly leaders emerged. These leaders were willing to call out bullying and intolerance, helping to establish a new culture of respect and inclusivity.

Similarly, addressing bullying in the legal profession requires an inside-out approach. Much like in broader society, bullying within the legal world stems from imbalances in power and quiet bystanders. Recognizing this, the Commission on Professionalism grounded its approach in research and educational initiatives. By leading with surveys and focus groups, the Commission underscores its commitment to solutions grounded in lived experiences.

Perhaps most important to this necessary cultural shift is the need for increased diversity in the profession. During the interview, Justice Walker emphasized this need for education and increased diversity at higher levels within the legal setting. She hopes that the culture will shift as more women and people of color reach prominent positions. “Hopefully, we will see some diminishment in those statistics because those who have these life experiences will want to improve the environment for those that come after them, just like I have wanted to do,” she explained.

However, this is a difficult task, as the current culture of bullying can discourage diversity. It is imperative to be intentionally aware of the culture fostered in the legal profession and for leaders to stand up to and correct uncivil behavior. I hope this initiative can bring awareness to the problem and foster the change necessary to shift the legal profession toward an improved culture of respect, civility, and inclusivity. 

In reflecting on my journey toward the legal profession and the stories I’ve heard along the way, the initiative promises hope. It’s an affirmation that we can and should expect better behavior. Personally, I will continue to do my part by calling out uncivil behavior and being intentional about creating an inclusive, welcoming space for all.

Eli Goldstein is a second-year law student at the University of Illinois College of Law. He is a member of the Illinois Law Review and serves as the treasurer for the Jewish Law Students Association. This summer, he served as Justice Debra Walker’s Extern at the First District Appellate Court.