Report of the independent review of bullying, harassment and sexual harassment at the Bar

[IwantToRetire]

“Those who are called to the Bar are called to more than legal competence. They are called to the highest of ethical standards: honesty, integrity and impartiality. Such ethical standards are owed not just to their clients, to each other and to the courts but to our system of justice. Respect for the rule of law depends on it. But when it comes to bullying, harassment and sexual harassment, the Bar does not always uphold those standards… The Bar Council, to their credit, have recognised the gravity of the problem and are determined to tackle it.

“The problem is the culture of impunity for those at the top who commit misconduct. Those who are subjected to it feel unable to complain All the jeopardy is on them. Those in powerful positions whether at the Bar or in the judiciary who choose to engage in bullying, harassment or sexual harassment can be pretty confident that nothing will be done about it. And that is what must change. The jeopardy must change from the victim to the perpetrator.”

Full info https://www.barcouncil.org.uk/resource/independent-review-bullying-harassment-sexual-harassment-report.html

Fine words. Is there much hope the recommendations will have an impact?

(For what it's worth, I think with time sanctions for not reporting could end up changing culture, but I don't know how the levers of power really work within the Bar.)

I haven't read it but it seems they did a report in 2023 and 2 years later there are still problems for women.

But suspect it is the same in most areas of work.

Although I wonder how many Chambers have a union or women's rep or whatever.

I saw this earlier on the BBC headlines. In the example given, the poor woman barrister escaped by locking herself in the loos. I looked at the report and rather than posters, booklets, sanctions and courses, actually a much more practical recommendation that is used and works, would be to ensure a set of single sex loos.

The nearest recommendation I can find on this is on p.11 Recommendation 2. 4eiii
Identification of preventative measures including measures to be taken at social events or networking events, to build upon the existing work being done in the context of the duty to prevent harassment.

My DD is a female barrister. Barristers in chambers are not employed, they are self employed. There is no union for self employed people but they have Associations, eg Criminal Bar Association.

There are people in positions of power in that they can influence a career. Dd is in an area of law with many powerful females. She’s not complained of being bullied by anyone but there was an incident she’s aware of involving a colleague but it wasn’t systematic bullying. Chambers took action to stop a repetition. I doubt bullying is worse than other industries but some people (men!) don’t change and unless they are reported to the Bar Standards Board, they continue.

There are confidential advice/help lines as well as training resources. Barrister Charlotte Proudman has written extensively on the issues some women have faced at the Bar. It’s difficult to deal with because barristers chambers are collectives. However barristers are disciplined by the BSB and can have their practicing certificates taken away or suspended.

Well that's sound positive.

Maybe it is a help to be in a support work situation.

If your place of work has a very male dominated culture it is probably harder.

Chambers are strange places (I was a clerk at the start of my post uni career). I’m about a third of the way through the HH report and I’m both horrified and wildly unsurprised. What she writes about the power imbalances between pupil master and student / senior counsel and junior (lay meanings not professional meanings) are just true. Some of the men with the power abuse it and when they do it’s difficult to challenge.

there needs to be a cultural change not just additional rules and reporting structure. That depends on each individual chambers having a clear policy and applying it. Actually coming down on any counsel who abuse their position and removing them from chambers. It requires solicitors choosing not to instruct those who’ve been found wanting. But as long as “the win” is more important than the people I think we’ll struggle to see change.

But as long as “the win” is more important than the people I think we’ll struggle to see change.

Sadly this is probably true in many work places.

But the Chamber structure seems to mean there isn't really a structure to look at complaints but those who are part of the structure / problem.

@IwantToRetire There is an internal complaints procedure. However barristers are given work by the clerks or more senior barristers, KCs quite often, choose a more junior barrister to work with them. If this relationship is positive, it works well for both barristers. The imbalance of power is most obvious when something goes wrong. The people more at risk of this are younger barristers and pupils working with more senior juniors who are older (a junior is any barrister who is not a KC - they could be 60 plus!). A lot of the issues are down to men with oversized egos - so I have read. Luckily they don’t exist everywhere.

There is an internal complaints procedure

So does that mean the "office staff" or however they are called have a role.

Rather than partners, investigating partners?

It’ll be different in Each chambers. Each has a different set up. Some will have employed Practice managers / directors who will deal with issues. Others will use the head of chambers who will be a senior barrister.

but even if you have a process, for a pupil or very junior barrister your career is based on relationships and reputation. The risk to your career in complaining is high. Which isn’t right. But the cultural change needs to happen alongside having better and more consistent reporting procedures

@IwantToRetire @EsmeWeatherwaxHatpin Is correct. Chambers are not all 19th century backwaters! However there is a risk to career but depends on Chambers. If the complainant is 100% correct it’s not necessarily a risk. Other barristers might think exactly the same.

Within the last couple of years I happened to be with 2 female pupil barristers, who were discussing the treatment of one of them by her pupil master (also female). What was being described clearly sounded like bullying, but the situation seemed to be that to get through the year's training this just had to be endured, the pupil master was seemingly well known for treating pupils this way. Its such an unequal situation. Pupillages are very hard to get with far more candidates than places. The pupil master has so much power. I don't know what would happen if a pupil complained, from the conversation I heard it did not seem an option on the table.

@Orchidgrower “pupil master”? When exactly was this? Not a recent experience because they are Pupil Supervisors. Last century?

Training for supervisors is obligatory as far as I’m aware. Also few chambers would give a pupil to one supervisor for the whole year - unless very small of course. I think you overheard historic evidence. My DD had 3 and she is a pupil supervisor now and is one of 3 for the year. It’s inevitably a different relationship with each supervisor. The first supervisor picks up a raw recruit. By second six (months 7-12) the pupil might well be going to court on their own and is heading towards being a fully qualified barrister so needs change.

The other issue is what is training and what is bullying? There can undoubtedly be personality clashes but most supervisors understand what the role is and should not volunteer to do it unless they are supportive and are willing to give up time to the pupil and the role. Obviously pupil barristers need guidance that is good quality and there will be constructive criticism and pupils accept this but their learning curve is very very steep. I think most pupils receive fair training but of course some supervisors are not great and should be removed from the role - DD says they are. Chambers sometimes have insufficient barristers wanting to be supervisors. It’s a tick box for aspiring KCs though.

There is also a growing trend to take on more pupils than chambers intend to keep so the stakes are high. This is very much under reported. Chambers don’t keep all pupils after the training year and there’s a big merry go round for “third six” placements - months 13-18. Many of DDs friends had this happen to them. There’s also “wrong fit” that comes into play too. Some chambers are formal and others more relaxed and modern. The churn for third six sorts out the best fit.

Pupils are voted into chambers to become tenants but before the vote, they will be asked to do assessments and have interviews. Then they are recommended to join (or not) but can still not be voted in by all the members of the chambers even if they are recommended for tenancy by the pupillage committee. These barristers then have to look for another Chambers for 3rd six. Most initial Chambers will pass them for the practicing certificate though.

This career really is not for shrinking violets. Even people with firsts from Cambridge and Oxford can be rejected at this stage by other barristers in Chambers. Some Chambers only recruit from this elite pool of pupils in the first place so you can imagine rejection is crushing. This is a tough career! DD would not do anything else though.