It is no longer a secret that the legal profession is plagued with workplace sexual harassment and bullying. Recent years have seen a dramatic increase in research, advocacy, and outcry about the conditions legal workers face. Work health and safety (WHS) regulators have sharpened focus on such psychosocial hazards.

Recently, NSW became the first Australian state to adopt a model code of practice for sexual and gender-based harassment, which provides targeted advice to employers of all types regarding prevention and response. And the Australian Human Rights Commission has put the legal sector on notice in relation to the new positive duty to eliminate workplace sexual harassment.

These regulatory steps are welcome and necessary, but it’s important that employers don’t treat them as simply another compliance hurdle to clear. It’s a golden opportunity for law firms to embrace a safe, respectful and more supportive environment.

Law firms have managed thus far to largely fly under the radar in recent conversations about workplace culture. Thanks to these regulations, they no longer can. Beyond compliance, a cultural shift is key to recruiting and retaining talent, boosting productivity, and becoming an employer of choice in an increasingly competitive landscape.

Other industries have gotten the hint – it’s time for law to catch up.

When I was a young lawyer, I experienced bullying by a senior associate. Her weapons were belittling comments and constant harsh criticism, neither of which were particularly original. Her behaviour was an open secret within the team, yet it was tolerated, excused, and even ignored because she was a rainmaker. Unfortunately, I was neither the first nor the last in a long line of lawyers to endure her wrath. I still vividly recall the utter dread I felt every morning as I approached the office. I can’t walk down that street without feeling its echo. Lawyers rarely feel confident or secure enough to raise issues with senior staff; however, I discussed her behaviour with HR, who assured me the chat was confidential. A few days later, I was hauled into a meeting with two partners. Each presented as a textbook example of having missed the boat on basic people skills, taking no responsibility for my wellbeing or workplace safety, and even defending the senior associate’s behaviour. I left the team, and the behaviour continued towards others who replaced me. Years later, this scenario is still, sadly, all too familiar to those beginning their career in the legal industry.

Our collective understanding of the impacts of poor workplace behaviour has grown; however, we have made little progress in preventing it. In fact, according to Allianz Insurance, claims for workplace harassment and bullying increased by 61 per cent between 2019 and 2023. The legal sector is hardly a break in this trend. The International Bar Association’s 2019 report, Us Too? Bullying and Sexual Harassment in the Legal Profession, found that the rates of bullying and sexual harassment in Australia’s legal workplaces were considerably higher than the global averages.

Experiencing and witnessing these behaviours has devastating effects on workers at all stages of their careers. But these impacts ripple further and represent a real reputational and financial risk to workplaces. As reported by The Australian Financial Review, Allianz found that the average payout for psychological injuries is close to three times the average payout for physical injuries – between 2019 and 2023, the average payout rose from $32,769 to $42,335. As such, there is an urgent need for law firms to consider the human and financial costs of psychosocial hazards and to address and mitigate them proactively.

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In my role as a consultant, I am working with many courageous leaders in the legal profession striving to address these issues. However, for every dedicated leader, there are still more law firms maintaining a “nothing-to-see-here” mentality. It is easy to fool oneself into thinking sexual harassment and bullying is a problem that happens “elsewhere”, not something to worry about or address, particularly given high rates of underreporting. In my view, this attitude stems from a combination of fear and denial, with firms mistakenly – and conveniently – believing that a lack of complaints indicates an absence of harmful behaviours in their workplace.

The truth is many employees are too scared to speak up, fearing retaliation or damage to their careers. This culture of silence perpetuates harmful behaviours and obstructs efforts to create a safe and supportive workplace, creating much deeper problems in organisations that are far trickier to address.

My hope is simple to imagine but difficult to achieve: a legal sector in which every worker feels valued, respected, and safe; in which leaders uphold the highest standards of conduct, and accountability and calling out poor behaviour are the norms; where supportive cultural practices aren’t treated as a box to tick, but an integral part of work, and a space of opportunity to transform the legal workplace for the better.

In law, we are reminded every day of how our work impacts people’s lives and the social fabric in which we all live. We should treat this responsibility with the grave respect it deserves. It’s time to extend this sense of duty to our own industry: time for law firms to set the standard by creating environments where everyone can thrive. We need to live by the ideals we work to protect. After all, the essence of law is justice, and that principle should begin within its own walls.

Prabha Nandagopal is the founder of Elevate Consulting Partners.