Incivility in the Legal Sector: A Call for a Respectful and Inclusive Workplace

In recent studies, researchers have highlighted a disturbing trend: incivility in the workplace not only stifles the sharing of ideas but disproportionately silences women. According to a Harvard Business Review report, women are more likely to remain silent in environments where rude behaviour is tolerated – often due to fears of a gender backlash. For the legal profession, where collaboration and open dialogue are essential, these findings should serve as a wake-up call.

The High Stakes of Incivility in Law

In our field, the stakes are particularly high. The legal profession is built on principles of fairness, integrity, and rigorous debate. When incivility takes root, it undermines these very foundations. In many law firms and legal departments, the competitive, high-pressure environment can sometimes foster behaviours that are dismissive or exclusionary. This is not just a matter of workplace morale; it directly impacts the quality of legal advice, the robustness of our advocacy, and, ultimately, client outcomes.

Women in the legal sector, already navigating a traditionally male-dominated arena, may find their contributions sidelined. When incivility goes unchecked, talented professionals may choose to stay silent, depriving the organisation of diverse perspectives and innovative solutions. This not only affects individual careers but also the collective success of the firm.

Why Respect and Inclusivity Are Non-Negotiable

Legal professionals have a duty to uphold ethical standards both in practice and within our workplaces. Incivility can erode the trust and respect that are critical in our client relationships and in our internal teams. Moreover, persistent uncivil behaviour may, in some cases, cross into areas of harassment or discrimination – matters that could expose firms to legal challenges under the Equality Act 2010 and other relevant legislation.

By fostering a culture of respect and inclusivity, law firms can mitigate these risks and enhance their reputations as employers of choice. When every voice is encouraged and valued, the whole organisation benefits from better decision-making, higher employee retention, and, ultimately, superior service for our clients.

Practical Steps for the Legal Sector

To address incivility effectively, the following measures should be considered:

1. Set Clear Expectations: Establish and communicate a zero-tolerance policy towards incivility. Clear guidelines should define acceptable behaviour, emphasising the importance of respect in all interactions - whether in the boardroom, in court, or during casual conversations.
2. Lead by Example: Senior partners and management must exemplify the respectful behaviour they wish to see. Their actions set the tone for the entire organisation. When leaders actively promote inclusivity and call out incivility, it empowers all team members to uphold these standards.
3. Act on Reports: It is not enough to merely have policies in place. Law firms must ensure that reports of incivility are taken seriously and addressed promptly. This requires confidential reporting channels and a commitment to thorough, impartial investigations. Accountability at all levels is essential.
4. Training and Development: Regular training sessions on diversity, inclusion, and effective communication can help prevent incivility. These programmes should focus not only on recognising and avoiding uncivil behaviour but also on promoting constructive conflict resolution and active listening.
5. Review and Reflect: Organisations should periodically review their workplace culture through surveys and feedback sessions. Understanding employees’ experiences can provide valuable insights into areas that need improvement, ensuring that policies evolve with the needs of the workforce.

A Collective Responsibility

Addressing incivility is not solely an HR issue - it is a collective responsibility. Every legal professional, from junior associates to senior partners, has a role to play in creating a supportive, respectful environment. By recognising the unique challenges faced by women and other marginalised groups, we can work together to ensure that the legal sector remains a place where ideas flourish and every individual can contribute fully.

As we continue to navigate an increasingly complex professional landscape, let us reaffirm our commitment to civility, respect, and inclusion. Not only is this the right thing to do, but it is also essential for the continued excellence and evolution of the legal profession.

Let us lead by example, ensuring that our workplaces are not only centres of legal expertise but also models of progressive, inclusive culture. The future of our profession depends on it.