Workplace bullying in law firms? Survey says yes.

Plus: Countering implicit bias in your practice

Raise The Bar

Oct 24, 2024 • 5 min read

Workplace bullying remains a troubling reality in the legal field, with lawyers of color, women and LGBTQ+ attorneys bearing the brunt of it. Younger lawyers also report more frequent instances of verbal and physical harassment than their older peers, according to a recent survey of Illinois attorneys. Why is this happening in a profession dedicated to justice and fairness?

In today's newsletter:

What lawyers get wrong with AI
Overcoming implicit bias in law practice
Be ready for 2025 rates
Anticipating a litigious election season

Study finds nearly a quarter of attorneys experience workplace bullying

The Illinois Supreme Court Commission on Professionalism's recent report reveals a concerning trend: nearly a quarter of its 6,000 respondents experienced workplace bullying in the past year. The findings show that female, Black, Hispanic, Asian American, and LGBTQ+ attorneys are disproportionately affected.

Young attorneys are particularly vulnerable, with 39% of lawyers aged 25 to 35 reporting bullying, compared to just 12% of those aged 66 to 76.

Writing for Bloomberg Law, David Lat emphasized the need for change:

“Law firms and other legal employers should review this research and consider what reforms they might want to institute in response. While it’s possible to imagine overbroad conceptions of bullying or anti-bullying efforts going too far, law school graduates deserve to enter workplaces where they will be treated with civility, dignity, and respect.” (Bloomberg Law)

Using AI to assist, not replace, the work of lawyers

Nearly anyone who’s been a junior associate knows the confusion of a partner vaguely referencing an important case or jotting inscrutable margin notes on a draft. According to Dr. Megan Ma, a research Fellow and the Associate Director of the Stanford Program in Law, Science, and Technology and the Stanford Center for Legal Informatics (CodeX), using abstract shorthand based on years of legal knowledge also indicates how many lawyers are crafting AI prompts.

“As a senior associate or a junior associate, you sort of, over the years have to learn the person more than learning the task, and it’s the same way [with AI],” Ma notes. “And the problem is that the outputs that come out of these machines, they just don’t infer things from at this level of abstraction yet.” Listen in on Legal Talk Network’s Kennedy-Mighell Report as Dennis Kennedy and Tom Mighell chat with Ma about the challenges and opportunities for AI use in law firms and legal education. (🎧 Legal Talk Network)

Countering implicit bias in legal practice

Implicit bias can creep into legal practice, from establishing client trust to creating legal strategies. In a recent New York State Bar Association course, attorney Claude Ducloux discussed how unconscious factors can sway decision-making and how lawyers can combat this. Ducloux, who writes and speaks on legal ethics, encouraged lawyers to wait a few days between initial case assessment and preparing strategy and even to use non-lawyers as a sounding board.

"When new material arises, be objective about it," noted Ducloux. "Remember that juries don’t always see the case the way we see it. Lawyers are wired to think differently, and we think about things, so that’s why you have to talk to non-lawyers about the case." (NYSBA)

With rate uncertainty, prepare for any scenario

In its Law Firm Rates in 2024 report, Thomson Reuters found that law firm rates have continued to increase, offsetting a decrease in realization. But as firms negotiate 2025 fees, and it appears uncertain whether increasing rates will continue, firms are encouraged to think carefully about internal practices and market positioning.

In an article discussing the report’s results, TR sets forth three potential scenarios — Base Case (status quo), Bear Case, and Bull Case — and recommended that firms weigh what would happen in each.

“Proactive assessment and strategic scenario planning will be crucial to ensure that law firms can maintain and enhance their revenue streams, even amid an unpredictable landscape,” the article concluded. (Thompson Reuters)

Both parties prepare for election lawsuits

One attorney who tracks election-related lawsuits has stated that there have been nearly 180 such cases this year, and Election Day hasn’t even arrived. Advocates on both sides are gearing up for what looks to be a very litigious election cycle. An article from the Associated Press discusses the rise in election litigation since the Supreme Court’s 2020 Bush v. Gore decision, and what might be in store this November. (Associated Press)

Thank you for reading Raise The Bar.

Every Thursday, you'll hear from our team about the most pressing issues facing legal practices today. We'll also try to include some quick-hit reads that touch on interesting cases and precedents being set worldwide.

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Written by Suzi Morales. Edited by Katie Parsons.