Biglaw

Abusive Partners Are Still A Problem Firms Have A Hard Time Facing

Firms are still behind on this.

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The “screamer” was a creature that existed in law firm lore to terrorize new associates and staff. There was always some partner — or partners — within the firm structure whose book of business shielded them from common workplace courtesy. Screamers didn’t have to actually scream at anyone. Sure, there were tales of partners hurling objects out the window — or at other attorneys — but more often than not the abuse manifests in the sort of passive-aggressive dress downs that systematically undermine a person’s basic sense of self-worth.

While mental health initiatives are getting some press these days, but these programs almost always focus on providing wellness services to those facing stress, without directly confronting those in management positions about treating employees better, and by extension, keeping stress down.

A series of tips received here at Above the Law — hodgepodged together into one cohesive narrative below — tell a story that, if true, would be a stark reminder that in Biglaw circles, management maintains a stigma when it comes to mental health and a significant blindspot when it comes to the possibility that a partner might be contributing to a hostile environment:

An associate left the office in an ambulance. An abusive partner had pushed the associate hard for years and it apparently became too much on the latest matter. The group is dismissing it and trying to sweep it under the rug as the associate’s shortcomings because it was mental health related.

We’ve only heard from people sympathetic to the associate in this instance so we’re not going to speculate on the truth of the matter, but the fact that associates feel that the firm would not only downplay an abusive relationship, but would see mental health as an excuse to shift blame entirely upon the victim, speaks to the fractured sense of trust in the work environment. If mental health enters the vocabulary of the legal profession, it can’t come in only as a means to whitewash bad management.

In another story, a legal secretary has filed suit over a pair of Venable partners who “yelled, humiliated and demeaned her to such an extent that their conduct constituted sex discrimination under California’s fair employment law.”

“The days when an attorney can make enough money to excuse the verbal abuse and humiliation of the women that work for him are over,” the suit says. “Legal staff is not required to tolerate and even babysit lawyers through tantrums supposedly caused by ‘stress’ or ‘pressure.’ Verbal abuse and humiliation alter the terms and conditions of employment. When this conduct is directed at women, it is sex discrimination.”

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While there are certainly scenarios where this sort of abuse comes from a place of gender dynamics and only targets women, this abuse is not always a matter of sex discrimination and it’s unfortunate that this rubric is one of the only effective means of addressing it. Too many instances can slip through the cracks when sex isn’t the clear impetus behind the abuse.

But more important than finding the right legal redress, firm leadership across the industry needs to get its act together and start holding peers accountable. There’s no amount of rainmaking that justifies keeping a hurricane in a corner office. We often point out that a law degree doesn’t necessarily provide business acumen, but it also fails to train management skills. Biglaw firms should start taking this seriously too.

Legal secretary’s suit claims partners’ tirades constituted sex bias, caused panic attack [ABA Journal]

HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

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