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Female Attorneys Can’t Take A Joke — Because At Law Firms, It’s Not One

Lauren Stiller Rikleen speaks about the results of the groundbreaking Survey of Workplace Conduct and Behaviors in Law Firms.

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Lauren Stiller Rikleen

“I’ve been kicked when I was down / None of that sh*t matters now / They be throwing in the towel / I do yellowtail at TAO.” — Drake

The Women’s Bar Association of Massachusetts, in partnership with the Rikleen Institute for Strategic Leadership, recently announced the results of its groundbreaking Survey of Workplace Conduct and Behaviors in Law Firms.

In the wake of the #MeToo movement, this is an excellent piece to better understand negative behaviors, identify steps  to address behaviors of concern, and review recommendations for law firms to provide a safe, respectful, and inclusive workplace for all employees.

Yesterday, I had the opportunity to catch up with the report’s author, Lauren Stiller Rikleen, a former law firm partner and current president of the Rikleen Institute for Strategic Leadership. Back in the spring, I had the opportunity to speak with her at the Legal Inclusiveness & Diversity Conference in Denver, CO.

Her detailed presentation at the diversity conference about millennial behavior and attitudes in the workplace was engaging and insightful. It is no surprise her recently published report also provides illuminating details to systematic behavior and attitudes taking place in the law firm work environment. One theme consistent throughout the research was how unchecked power imbalance in a work environment perpetuates negative and inappropriate behaviors in the workplace.

Without further ado, here is a (lightly edited and condensed) write-up of our conversation:

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Renwei Chung (RC): For those who haven’t read your report yet, what are the key recommendations that law firms should implement?

Lauren Rikleen (LR): The report had 17 recommendations, all of which are critical to fully addressing this challenge. Among the most critical are:

1. Engage leadership in creating a firm culture that treats all with civility and respect. You cannot change culture without direct leadership involvement. When people see negative behaviors they assume that the leaders, too, must know and are accepting — otherwise, something would have been done to fix the problem. That causes a culture of frustration and lessened engagement. Only leaders can implement meaningful policies that will result in change.

2. Implement measures to hold firm leaders accountable for the behaviors of those they supervise and manage. Law firms track what they think matters — billable hours, collections, originations, and yield. Only when firms are willing to implement metrics for other key institutional challenges will real change happen. For example, firms should track reports of negative behaviors, attrition rates by department and office location, and other ways in which workplace culture impacts morale, engagement, and productivity.

3. Develop a comprehensive strategy that goes beyond sexual harassment training to avoid liability. In our survey, nearly 40 percent of the respondents did not even know whether their firm had a reporting process. Firms need a reporting process that protects the safety of the individual reporting and commits to a process free of retribution or other negative consequences. Lines of authority should be clearly explained through regular firm-wide training that clearly explains the policy and process for addressing negative behaviors and describes how the person reporting will be protected.

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RC: What advice do you have for a woman who has experienced a recent incident? 

LR:  The survey described a range of behaviors occurring in firms of all sizes, some of which had no policy in place and, in other instances, the perpetrator was a key leader. Others had a policy but within a culture where the risk of retribution for reporting was high.

My default is that nothing can ever change if leaders do not know there is a problem. But first, it is important to assess the circumstances. Is this an incident that may best be handled through a direct conversation, or through the assistance of an intermediary? Or did the circumstances cross a line such that bringing the behavior to light is the only likely hope of stopping someone from repeating the conduct?

Is the perpetrator a key leader within the firm? Does the firm have a history of addressing these issues, either positively or negatively? Is there a process for reporting?  Is there a trusted person who can guide you through an investigation once you report? Can you rely on an outside counsel to assist, in the event reporting goes awry?

I believe we all have a duty to bring these issues to light, but recognize that individuals will always be concerned about their circumstances. As a general rule, however, I think people tend to underestimate their own power to move forward and address the issue.

RC: What do you think are the biggest challenges revealed in the report that need to be addressed?

LR: As we noted in the report, unchecked power imbalance serves as the foundation for and perpetuation of negative and inappropriate behaviors. In the vast majority of the responses, the incidents described happened to individuals in the age range of associates, or who were otherwise in a subordinate role. Often, the perpetrator was a partner who was a senior leader, a rainmaker, or someone of influence within the firm.

Also, the behaviors extended into bullying, humiliating, and even, as some respondents described, incidents that felt like hazing. Firms need to take a far more comprehensive approach to training in a way that moves beyond simply teaching the letter of the law, but also includes elements of unconscious bias, behavioral science research, bystander intervention, and other strategies that show a firm-wide holistic approach to developing a respectful and inclusive workplace.

On behalf of everyone here at Above the Law, I would like to thank Lauren Rikleen for taking the time to share her research with our audience. We wish her continued success in her career.

If you’re interested in connecting with Lauren Rikleen, feel free to contact her by email at [email protected] or visit her website at https://www.rikleeninstitute.com/.

Renwei Chung is the Diversity Columnist at Above the Law. You can contact Renwei by email at [email protected], follow him on Twitter (@renweichung), or connect with him on LinkedIn. 

 

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