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Four Strategies for Young Lawyers to Combat Bullying

Jeanne M Huey

Four Strategies for Young Lawyers to Combat Bullying
Vladimir Vladimirov via Getty Images

Many young lawyers encounter bullying from opposing counsel, senior colleagues, or even the court. Bullying can take various forms, including condescension; public humiliation; verbal attacks; or, in litigation, a refusal to cooperate to reach even the most basic agreements between counsel. While being a litigator demands resilience, tolerating such behavior is neither necessary nor productive.

1. Master Emotional Detachment and Communication

Bullying thrives on eliciting emotional responses. Young lawyers should master emotional detachment when confronted with aggressive or condescending behavior. This does not mean suppressing emotions indefinitely but rather choosing not to let the bully control the atmosphere at that moment. Staying calm, composed, and focused on the substantive issues of the case demonstrates professionalism and denies the bully the satisfaction of a reaction.

When inappropriate behavior cannot go unaddressed, be direct but professional. For example, if opposing counsel makes a derogatory remark, a response like “I’d appreciate it if we kept the discussion focused on the legal issues” sets boundaries without escalating conflict or personalizing the inappropriate conduct. You may need to do this more than once, and if it doesn’t work, you should not be afraid to say something like “I don’t think we’re getting anywhere today”—and end the conversation either by leaving or hanging up.

2. Develop Strong Legal Skills

Redirecting the conversation to substantive issues demonstrates your focus, command of the matter, and competence—all of which act as effective shields against bullying. Thorough preparation can prevent bullies from exploiting perceived weaknesses. When a bully’s criticisms are unfounded, your confidence in your work will also help you remain calm and not feel the need to interrupt or respond in kind.

Be meticulous in your research, writing, and courtroom preparation to build a reputation for excellence that commands respect. As you work to make your reputation at the courthouse, the judges who know you as a competent and confident professional will not be swayed by the opposing counsel who tries to interrupt or bully you. Over time, your reputation for competence and professionalism will precede you, and others will be less likely to engage in unprofessional behavior when they face you in a case.

3. Leverage Procedural Rules Strategically

Judges are generally intolerant of conduct that repeatedly disrupts the administration of justice, and procedural remedies can be powerful equalizers in the face of unprofessional conduct by opposing counsel. Understanding these rules and using them judiciously demonstrate your command of the law and reinforce your professional credibility. Federal, state, local, and even court rules, scheduling orders, or agreements between counsel may provide procedures to hold a bully accountable for unprofessional behavior.

Federal Rule of Civil Procedure 37 addresses failures to disclose or cooperate in discovery and can result in sanctions against the offender. Federal Rule of Civil Procedure 11 provides for sanctions against an attorney or party who signs a pleading that is not well-grounded in fact or warranted by existing law or that is filed for an improper purpose, such as to harass, delay, or cause needless litigation costs. Any attorney or individual permitted to practice in federal or territorial courts who “multiplies the proceedings in any case unreasonably and vexatiously” may also be held personally responsible under 28 U.S.C.A. § 1927 for covering the additional costs, expenses, and attorney fees caused by such actions. And do not forget the court’s inherent authority to sanction attorneys and parties for misconduct that abuses the judicial process.

Judicial intervention is never your first resort, and you should not request sanctions until the bully has proven to the court—usually by engaging in repeated bad conduct—that the sanctions are necessary and just. Judges recognize that unnecessary requests for judicial intervention are themselves a form of bullying, and you never want to be seen as a bully.

4. Seek Mentorship and Prioritize Self-Care

The emotional toll of bullying can be significant; when faced with bullying directed at you, it is crucial to take steps to preserve your resilience and happiness. Cultivating relationships with mentors and peers can provide guidance and a buffer against professional challenges, including bullying. Trusted mentors can offer advice, share strategies for handling difficult situations, and sometimes intervene on your behalf. Networking with peers through bar associations, young lawyer groups, or specialized practice organizations creates a support system where experiences and insights are shared. You can seek support and help others who may need it through these connections and networks.

Conclusion

These are just a few suggestions for dealing with bullies in the legal profession. While standing up to bullying can be daunting, recognizing and addressing bullying professionally can protect your reputation and mental health while contributing to a more respectful legal community for everyone.

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