Barristers call for a bar on bullying by judges in the courtroom

BARRISTERS HAVE been given advice on how to deal with bullying by judges who have been warned that any courtroom harassment of lawyers will not be tolerated.

The Bar Council, which represents barristers in England and Wales, has produced a guide spelling out ways of dealing with “judicial bullying”.

Bar Council chairman Richard Atkins QC says, in a letter accompanying the guide, that only a small number of judges “engage in bullying”, but he adds that any instances should never be excused.

The guide, which has been sent to barristers, says the targets of bullying by judges may feel unable to do anything.

It says the “right approach” to dealing with bullying by judges presents “difficulties”.

“Bullying of barristers is always unacceptable,” says the guide. “When bullying by judges occurs it presents additional challenges. Those who are a target of bullying may feel unable, or particularly reluctant, to do anything about it, even though the impact may be particularly acute.

“At the same time, judges have an important independent constitutional status and are removable from office only for good reason.”

The guide says the right approach depends on the nature of the incident, and added that barristers should always “address” bullying if possible. Barristers are advised to make a contemporaneous note and to seek advice. The guide says serious incidents or persistent bullying could justify a formal complaint.

It says the Bar Council is looking to adopt a system that uses technology to help overcome barristers’ “understandable reluctance” to report bullying.