Lawyer / client relationship in workplace bullying cases - References

Barker, C.M. and Sheehan, M.J. (2000). ‘Bully or advocate : Reflections on the Lawyer-Client relationship’. Conference paper at Transcending Boundaries: Integrating people, processes and systems. [Online author version] : https://www.researchgate.net/publication/29452514_Bully_or_Advocate_Reflections_on_the_Lawyer-Client_relationship

Given this paper was presented at a conference 25 years ago, it is significant to note that nothing has changed or improved in this area of employment law. I too have experienced this professional negligence in the area of bullying in the workplace, as have many others who have shared their experiences with me through various forums like LinkedIn or Zoom. 

This topic must be resurrected and researched further in our society, where organisational cultures have gone rogue on a global scale. For all the laws, regulators and commissions, at least in Australia, the system and government in office are continuing to fail to protect the rights of the hard working, tax paying citizens, and their families. The “set-up” of the likes of the Fair Work Commission, has been exposed as a sham, in this regard. 

Some significant quotes from the paper:

“A negative experience related to the legal professional (1) being unsupportive and not acknowledging the client or the situation (2) being ignorant (3) being inexperienced and uneducated about workplace bullying issues and (4) lacking professionalism.

Two factors that may attribute to the lack of legal action pursued by victims of bullying are (1) the nature of the interaction between victims and the legal professional and (2) the level of support received from the lawyer/barrister approached…The success rate of pursuing legal action largely depends on how competent the client, in this case the victim of bullying, perceives the legal professional to be and how well the client relates to and interacts with the legal professional… the nature of the lawyer-client relationship can be attributed to the client being further traumatised…

Investigating people’s experience of taking legal action will shed light on the relationship between the nature of the lawyer-client interaction and the outcome of seeking legal redress. 

The factors that defined a positive experience in relation to taking legal action were understanding, acknowledgement, reassurance and support. 

Another factor that influenced the participants’ decision to pursue legal action was the lack of information and resources available to them.  

In retrospect, most participants were unsatisfied with the actions they took and believed that they could have made better decisions if they were well informed of their rights within the legal system.

…professionals need to be educated about how to work with clients that have been bullied to ensure that they do not exacerbate the client’s situation further…. Conversely, the issues raised in this paper also highlight the need to educate the clients, that is, the victims of bullying, as to how the legal system may help them and how they can empower themselves before entering into a lawyer-client relationship.  For example, clients need to be prepared for the first interview with their lawyer/barrister/solicitor in order to state their case clearly and concisely. Clients also need to be educated as to what questions they should ask and what evidence is needed to assist the lawyer make a judgement as to how he/she might help.” 

Yamada, D.C. (2000). ‘The phenomenon of ‘workplace bullying’ and the need for status-blind hostile work environment protection.’ Georgetown Law Journal. 88. 475-536. [Online open access]: https://ssrn.com/abstract=1303690

(NOTE: IIED in Employment Settings - Intentional Infliction of Emotional Distress on pp. 493-494).

Yamada, D.C. (2004). ‘Crafting a legislative response to workplace bullying.’ Employee Rights and Employment Policy Journal. 8. 475-521. [Online open access]: https://ssrn.com/abstract=1303725 

Yamada, D.C. (2010). ‘Employment law as if people mattered: Bringing Therapeutic Jurisprudence into the workplace.’ Florida Coastal Law Review. 11(2). 257-288. [Online open access]: http://ssrn.com/abstract=1462406

(NOTE: Trauma Theory on pp.267-268).

Yamada, D.C. (2013). ‘Emerging American legal responses to workplace bullying.’ Temple Political and Civil Rights Law Review. 22(2). 329-354. [Online open access]: http://ssrn.com/abstract=2242945

Yamada, D.C. (2017, 2 June). ‘Trauma-Informed Legal Perspectives on Workplace Bullying and Mobbing.’ Minding the workplace: The New Workplace Institute blog. [Blog post]. Online : https://newworkplace.wordpress.com/2017/06/02/trauma-informed-legal-perspectives-on-workplace-bullying-and-mobbing/

Yamada, D.C. (2021). ‘Therapeutic Jurisprudence: Foundations, expansion, and assessment.’ University of Miami Law Review. 75(3). 660-750. [Online open access]: https://repository.law.miami.edu/umlr/vol75/iss3/3/

(NOTE: Employment Law and Therapeutic Jurisprudence on Pp.702-703).