We hear a lot about bullying: at school, and cyber-bullying over the internet.
But bullying — any use of force, coercion or threat that is intended to intimidate — isn’t just confined to the playground. The adult world has its share of bullies, too. “Especially lawyers, who can be very good at being very bad,” according to the nation’s leading expert on bullying in the legal profession, Philadelphia attorney Fran Griesing.
In a moment I’ll tell you about “Jamie,” a reader who had a ringside seat to the antics of a lawyer with a Ph.D. in bullying, but first, this question:
Sign up for Kiplinger’s Free E-Newsletters
Profit and prosper with the best of Kiplinger’s expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of Kiplinger’s expert advice - straight to your e-mail.
“Is bullying by lawyers something new, or has it always been that way, and if not, then what’s the reason for so much more bullying today?”
Perry Mason, We Need You!
“There has always been a certain amount of lawyer bullying — it goes with the territory — but there is much more today than in the past. Our courts frequently comment on the breakdown of civility in the legal profession, citing the way media portrays lawyers — especially trial lawyers — as sleazy and aggressive, giving the impression that is how we are expected to act,” Griesing points out.
“Just compare today’s open hostility to each other and clients to Perry Mason, who was a gentleman. Lawyers in the ’40s ’50s and ’60s were far more civil, far more respectful of each other than we see today. So, when your image of a lawyer comes from TV or the movies and then you attend law school, no one should be surprised at the uptick in aggressive behavior,” she maintains.
There has also been a decline in mentoring by senior attorneys, something that Griesing has noticed since becoming a lawyer in 1982.
“Then a lot of time was spent working with more senior lawyers who gave feedback and who I got to observe. A lawyer’s first job was an apprenticeship. You worked 12 hours a day, six days a week and you learned how to practice law.
“Understandably, clients today are extremely fee conscious. Business has become very bottom-line oriented, and there is less time — or money — for junior lawyers to follow senior attorneys around and learn how to practice law.
“Just tune in to any television or radio talk show and instead of people listening to each other and calmly addressing the issues, voices are raised, and it becomes, ‘Who can talk the loudest?’
“We see the same thing in court, on the job — inside of law firms — and during depositions, where yelling replaces civility.”
Research the Lawyer – What Do Others Say?
When it comes to reducing the chances of bumping heads with a bully lawyer — especially a bully employer for your first job as an attorney — the internet is your best friend.
“Either when looking to hire an attorney, going to work for a law firm, or testifying in court or at a deposition, your best chances of avoiding a bully, or of expecting one and being prepared to respond, is to do your homework. Research the lawyer. What do others say? Have they been disciplined by their State Bar Association for a violation of the Rules of Professional Conduct?
Our reader discovered lawyer bullying as a witness to an auto accident, while having her deposition taken.
“Along with several witnesses, I saw the defendant’s car run the red. But the lawyer for the driver’s insurance company kept on asking the same questions over and over again in a hostile tone of voice, even yelling, making me so upset to the point of tears. He treated all the adverse witnesses that way. And, Mr. Beaver, the attorney representing the innocent driver just sat there, saying nothing! She had that ‘deer in the headlights’ look.
“I learned that she has just graduated law school and was sent to handle the deposition. I felt like standing up and saying on the record, ‘Why is Miss Jones just sitting there, saying nothing when counsel is so aggressive and hostile to me, and I am just a witness?’”
What Can You Do?
If you are in court on the witness stand and opposing counsel is asking you the same question over and over again, and your lawyer is just sitting there, saying nothing, Griesing recommends that you say, “Excuse me, Your Honor, I have answered that question three times and am feeling harassed.”
Griesing concluded our discussion with these comments:
“Bullying in the law is now getting attention. It impacts clients, lawyers at their offices, and professional relations among adversaries. The proliferation of scathing and unacceptable emails is alarming, but more and more courts and disciplinary boards are imposing sanctions and discipline as a consequence of lawyers acting badly.”
-
-
Short-Term Investments to Protect Against Inflation and Market Volatility
Rates on Series I savings bonds, T-bills and fixed annuities are all above historical averages and could serve investors well during turbulent times like these.
-
What’s the Difference Between Average and Actual Rate of Return?
An average rate of return can mask losses over time, so what investors really want to keep an eye on is the actual rate of return.
-
Short-Term Investments to Protect Against Inflation and Market Volatility
Rates on Series I savings bonds, T-bills and fixed annuities are all above historical averages and could serve investors well during turbulent times like these.
-
What’s the Difference Between Average and Actual Rate of Return?
An average rate of return can mask losses over time, so what investors really want to keep an eye on is the actual rate of return.
-
Can You Build a Retirement Income Plan With Both Risk and Reliability?
Two strategies for making retirement savings last — probability-based income planning and guaranteed income planning — can help ensure you have what you need in your golden years, but which is right for you?
-
5 Financial Wellness Tips to Help Weather the Winter
You can regain some control over today’s money pressures by exploring your employer's financial support options and benefits, making plans to save and taking other simple actions.
-
10 Common Investing Mistakes That Can Easily Be Avoided
Some of these missteps might be a given when you’re starting out. A financial adviser offers tips on how to stay on track for years to come.
-
I'm a New Widow. Who Are the Experts I Should Consult?
A support network of experts who can help a new widow can be just as important as your personal support network at such a difficult time.
-
Is Your Money Really Working for You? A Math Lesson in Rates of Return
Getting a high average rate of return does not necessarily equate to actual money in our pocket. A personal finance expert explains why math doesn’t equal money.
-
What’s Standing in the Way of Your Successful ‘Money Mindset’?
Many of us have common biases that keep us from making the best financial, and other, decisions. Knowing what they are and addressing them can help us set a new path forward.
