‘Shut up and bill’: workplace bullying challenges for the legal profession

Abstract

Keywords:Workplace bullying, workplace culture, billable hours, professional conduct, Australia "They want people who will shut up and bill" IntroductionThe context of modern work has changed significantly due to globalisation and increased competition (Noon et al., 2013). The impact of these changes can be felt at various levels, including: region, country, sector, industry and profession. The way in which work and employees are affected depends on how organisations, and professions, respond to the changes and the accompanying competitive pressures. Some of these pressures have led to institutions and organisations attempting to "convince, cajole and persuade" employees to maximise deliverables (Evetts, 2013, p. 790) across a range of professions. This has led to concerns relating to quality of worklife, stress, and the increasingly precarious nature of professional work in, for example, 2 engineering, accounting and the law (Bergin & Jimmieson, 2013;Francis, 2012;Smith, Derrick & Koval, 2010).In Australia, the legal profession, characterised by an adversarial court system, intense competition, long hours and a tradition of elites, including hierarchical structures, has also been subject to increasing demands in the changing context. This results in a 'pressure--cooker' environment, with the potential for adverse effects on individuals, law firms, the profession and eventually the wider society.At one level a certain amount of competition and conflict contributes to a productive workplace, and where work is about income generation, constructive conflict can contribute to the bottom--line. At another level, conflict can also be dysfunctional. Heightened levels can change a positively charged workplace into a breeding ground for ill--feeling, resentment and incivility: a toxic environment. A range of behaviours from inappropriate conduct and incivility, all the way to bullying, abusive conduct and outright victimisation can be found in environments which are highly charged as a result of the pressures of competition and a climate of survival of the fittest (Omari et al., 2013;Salin, 2003a).Occupations in which there are interactions with clients are recognised as having higher levels of incivility (van Jaarsveld et al., 2010;Westaby, 2010). In such settings, front--line staff are responsible for satisfying client expectations within the boundaries established by the organisation, including service standards and cost minimisation. The legal profession is no different: salaried professionals work under a strict time--for--service regime, known as 'billable hours', and must satisfy client expectations at the same time as meeting the demands of the firm. 3Notwithstanding the level of research into workplace bullying (Samnani, 2013), there is limited evidence of investigations into bullying behaviours amongst legal practitioners. The legal profession, with its traditions of hierarchy, power and status, and the demanding nature of the occupation and associated work practices, offers a somewhat unique environment in whi...

Known and Unknown Aspects of Workplace Bullying: A Systematic Review of Recent Literature and Future Research Agenda

“…It is observed that WB if not managed well can have serious repercussions on the overall performance of the organization because a healthy, engaged, and happy workforce is not attainable (Khan & Khan, 2012). The ultimate aim of all organizations should be to create an attractive, sustainable, and accountable profession and safeguard the rights of employees to dignity and respect at workplace (Omari & Paull, 2013). As emphasized by Bac (2018) an organization with a performing workforce and exemplary internal compliance structure can meet its performance objectives only when it displays extremely low levels of harassment and WB.…”

Occupational stress management in the legal profession: Development, validation, and assessment of a stress‐management instrument

“…Brough and Biggs (2015b), for example, noted that assessments of job demands that are specifically focused on the work conducted by the respondent sample, demonstrate stronger associations compared to generic measures of job demands. This reasoning is supported by research which has included lawyer-specific assessments of job demands (e.g., interpersonal challenges, bullying, and excessive billing targets) and reported significant associations between these job demands and psychological strain (Omari & Paull, 2013;Tsai, Huang, & Chan, 2009). We acknowledge that such lawyer-specific assessments of job demands would have been valuable to include in the current research.…”

“…The impact of occupational stress experienced by lawyers has only comparatively recently been reported. Similar to other criminal justice occupations, chronic occupational stress experienced by lawyers is associated with toxic work environments, work-life imbalance, and high levels of turnover (Brough, Brown, & Biggs, 2016;Omari & Paull, 2013;Seligman, Verkuil, & Kang, 2004). Marcus (2014) reported above average levels of suicide for Australian legal professionals, with an estimated 10% of lawyers regularly contemplating suicide.…”

“…Marcus (2014) reported above average levels of suicide for Australian legal professionals, with an estimated 10% of lawyers regularly contemplating suicide. Similar to other criminal justice occupations, chronic occupational stress experienced by lawyers is associated with toxic work environments, work-life imbalance, and high levels of turnover (Brough, Brown, & Biggs, 2016;Omari & Paull, 2013;Seligman, Verkuil, & Kang, 2004). For example, from their sample of 384 Australian lawyers, Bergin and Jimmieson (2014) reported that 49% reported symptoms of clinical stress, 37% demonstrated moderate to severe depression, 31% reported high anxiety, 28% reported high levels of job dissatisfaction, and 35% reported regular excessive alcohol intake.…”

Is Civility Dead? Judges’ Perceptions of Incivility in the Courtroom

“…To this end, there is an increasing, yet still small body of literature dedicated to documenting workplace incivility in the legal system in general (e.g., Cortina et al., 2002; Fischer, 2011; Miller et al., 2021). Many reasons have been suggested to explain the apparent decrease in civility within the legal system, including increased competition that has, in turn, exacerbated pressures to fulfill quotas and deliver on increasingly intense demands (Omari & Paull, 2014). Other given reasons include a continually growing number of attorneys leading to more competition for limited jobs; an increase in poorly‐ or under‐trained law graduates; an increase in demand by clients for zealous and combative attorneys; and a rise in the assumption that demonstrating civility will be perceived as a weakness (Fischer, 2011).…”