Ethics begin at home

Abstract

Over recent years, lawyer misconduct and regulation of the profession have been topics of considerable interest. Yet, when the topic of legal ethics is raised, the focus tends to be on lawyer conduct external to the firm: lawyer conduct in court; lawyer conduct vis-a-vis client; or lawyer conduct vis-a-vis opposing counsel or the judiciary. The recent National Attrition and Reengagement Study (NARS), however, raises a different aspect of legal professional ethics. This Report found a widespread incidence of bullying, intimidation, discrimination and harassment within law firms, primarily affecting though not confined to, female lawyers. Of course, bullying and associated behaviours are not confined to the legal profession. But these behaviours are at odds with a profession that purports to be deeply concerned with the ethical conduct of its members. Arguing that 'ethics begins at home', this paper suggests NARS raises uncomfortable questions about legal professional ethics: if law firms cannot treat their own staff members ethically, what does that say about the firm's approach to ethical conduct more generally? And if this culture is as widespread as the report suggests, what does this say about the ethics of the legal profession as a whole?