The Criminal Bar Association (CBA) has submitted evidence to a review led by Harriet Harman into bullying and harassment within the legal profession.
- Inappropriate conduct within the bar is often justified by so-called ‘higher’ objectives.
- Mandatory training on bullying, harassment, and sexual harassment is recommended for all practising barristers.
- The CBA highlights a prevailing culture of tolerance and fear of reporting inappropriate behaviour.
- Calls for improved complaints procedures and an independent ombudsman have been made by the CBA.
The CBA has recently submitted evidence to a review conducted by Harriet Harman focusing on instances of bullying and harassment prevalent in the legal profession. This move comes amidst rising concerns reported by members of the bar. The association underscores the necessity of addressing these issues head-on as part of ongoing efforts to ensure a respectful and professional working environment.
The CBA has pointed out that inappropriate conduct is often justified under the guise of pursuing ‘higher’ objectives, such as winning a case or managing a busy court schedule. This justification process has been most evident among those transitioning into the bar from other professional sectors, highlighting a potentially pervasive issue that requires concerted attention and rectification.
In its comprehensive submission, the CBA recommends that all practising barristers undergo mandatory training addressing bullying, harassment, and sexual harassment. This training also encompasses critical elements of equality, diversity, and inclusion, which are considered vital in promoting a more harmonious work environment across the profession.
Moreover, the CBA’s submission strongly criticises a prevailing culture that tolerates inappropriate behaviour due to fears of reporting and potential repercussions. Such a culture is seen to contribute to the persistence of a few individuals accused of such conduct consistently over the years, thereby necessitating a shift towards a zero-tolerance approach supported by clear reporting and resolution frameworks.
Addressing the limitations in current complaints procedures, the CBA calls for the appointment of an independent ombudsman to oversee the handling of complaints by legal chambers. It further suggests relaxing the existing three-month time limit for lodging complaints and insists on the admissibility of evidence demonstrating a pattern of conduct. The CBA also stresses the importance of maintaining the principles of open justice, opposing any notions of anonymity in hearings conducted before the Bar Tribunal and Adjudication Services.
The CBA’s recommendations highlight an urgent need for reform in the legal profession’s approach to handling bullying and harassment.
