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Kyle's avatar

I find it unlikely only 25% of attorneys are bullied.

Displaced aggression is arguably the most common form of aggression in the animal kingdom. I think that’s what a lot of bullying behavior is when you peel back the onion and think about it.

Is it bullying to respond to an act or omission that should cause ire with anger? I tend to think it may not be an optimized management strategy but it’s a different issue than bullying behavior with a different remedy.

I wonder how often the target of anger is able to distinguish between the two forms of aggression. Because the truth is: It can be hard to get out of our own perspective.

That said, I do think there are a lot of times where the offense is real but the response is disproportionate in this profession. There are elements of displaced aggression in that behavior too.

I think a lot of times what is going on is that displaced aggression is a reflection of the high stress nature of this job. And it only gets more stressful. The aggressor has some stress acting on them and they pass it on in the form of displaced aggression.

Because the thing is: Displaced aggression does, actually, work to make the aggressor feel better and reduce their stress levels.

We have all this training in this profession on the not to do’s. The hours and hours and hour of CLE and insurance mandated courses is unending.

But how much time do we spend teaching people how to do it better and why it’s in their own interest to do it different than was modeled for them?

In any given instance — Maybe what’s perceived as bullying is bullying. Maybe it’s not. Maybe it kind of is.

Regardless: Engaging in behavior that is reasonable to interpret as bullying is not in the long-term interest of anyone. There’s science out there as to why. Perhaps because we are creatures obsessed with risk and downside, we focus an incredible amount of attention and conversation on how to avoid stepping into traps. And the laundry lists of “do nots” can feel like a Byzantine maze that ultimately gets discounted as impracticable or ignored.

It seems like a little more attention on “How to manage” and “How to interact with colleagues” and “Why this is in your own interest to learn these skills” might be a better approach that has more stickiness.

It is very hard to figure out how to create a culture of accountability and excellence that is also kind. And if there’s an underlying theme in this profession it’s that absolutely nothing is taught. You have to teach yourself.

Terrible way to run a talent management business.

Now, notwithstanding all of what I just said acknowledging there is an issue and suggesting a different approach: I do think things have gotten a lot better over the years. Things that used to be considered bullying when I was coming up are now considered felonies or misdemeanors.

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Andy in TX's avatar

DL's report was interesting so I took a quick look at the study. It is disappointing.

For example, in the one regression analysis mentioned (p. 31) it mentions only race/ethnicity and does not provide any of the regression results. We are left wondering what other factors were controlled for - firm size seems relevant, as does type of practice, and sex. This is a warning flag to me to not put a lot of weight on the study - good statistical work is "hands above the table." You report full regression results, for example, since if you misspecify the regression the results by leaving out important independent variables correlated with the dependent variable aren't valid.

Other red flags: they don't provide numbers as well as % which would enable readers to spot very small cells in tables from which drawing conclusions might not be particularly useful, and they don't situate the study in the universe more clearly than was done here (the Illinois State Bar surely knows the breakdown on most of these variables of lawyers in IL and so the sample could have been compared to the overall bar membership).

Biggest red flag of all: There's very little detail in the methodology section, for example. it says 6,010 responded - but how many were asked? To take just one problem here, this doesn't sound like a random sample, and it seems likely that far more people who were bullied would respond to a survey about bullying than people who were not bullied. Yet we get no methodological discussion of how the authors addressed selection bias. If you just surveyed the entire IL state bar and these are the responses you got, there's a selection bias issue here.

My criticisms don't mean there isn't bullying going on - it's just that this seems to not be a best practices study so we need to be cautious in interpreting it.

This study was probably pretty pricey to do - and they certainly put a lot of effort into a nice layout for the report - so it is a shame that they didn't give us a very good basis for evaluating it. Perhaps there is more to this than I am giving it credit for, but I don't see it and there's no link I could find to a more thorough methodology and results somewhere else. All that leaves me with the feeling that it would be a mistake to conclude from this anything beyond what we already knew - there are plenty of jerks in the legal profession who behave badly toward their colleagues. I'm not sure this study tells us much more than that, which is too bad.

Big caveat - this is a quick reaction, not the result of hours of study, but I don't think this is a good enough analysis to merit hours of study on it, so I didn't want to invest a great deal of time in it. If others spot more information that I missed (I did search in it on a bunch of key statistical terms and found little, and I looked at all the tables), please point it out.

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