Personal Development

Don't Be a Voiceless Victim
- That's Not Why You Went to Law School

Many law firms are still burdened with a feudal culture and some have developed toxic environments characterized by fear, stress, and cutthroat competition. The results are

• humiliation, anxiety and tension permeate the office,
• working relationships break down,
• work quality and productivity drop,
• valuable employees are absent or quit,
• reputations are put on the line.

Conditions are ripe for miscommunication and lawyers' interpersonal skills are woefully lacking anyway. In such a milieu, many personal misunderstandings are not resolved promptly and fester. When people don't confront such issues, their imaginations go to work creating scenarios to explain what cannot be understood.

I have coached several people who were ready to leave their law firms because they perceived that they were being subjected to discrimination or harassment - though for reasons not covered by human rights legislation. When these interpersonal matters were pursued, we uncovered misconceptions and misinterpretations of events. Usually the "problem" was genuine miscommunication that could be resolved, and the lawyers were able to return to planning their careers within the firm.

Situations like these are only aggravated by avoidance. Other situations will arise that involve unwelcome comments or actions that relate to a person's race, colour, ancestry, place of origin, political belief, religion, marital or family status, physical or mental disability, age, sex or sexual orientation. If you believe you are facing discrimination in your law firm, the Law Society Discrimination Ombudsperson is available to lawyers, articled students and law firm staff.

The Law Society believes law firms have a duty to foster a professional work environment that promotes equal opportunities and prohibits discriminatory practices.

The Ombudsperson, Anne Chopra, confidentially assists anyone in a BC law firm who asks for help in resolving a discrimination or harassment complaint against a lawyer, and also assists law firms in preventing discrimination. Ms. Chopra is independent of the Law Society and reports only anonymous statistical data to the Society.

There are other informal approaches suggested by the Law Society:

Directly and assertively tell the person who is discriminating to stop. This is often an important first step, and may be enough.

Speak to an advisor responsible for the law firm's workplace harassment policy - if there is a policy - to discuss ways to resolve the problem.

Speak to the Law Society Discrimination Ombudsperson to discuss options, such as mediation.

Mediation is voluntary and confidential. It provides a "window of opportunity" for participants to air their concerns, negotiate a fair resolution and save their working relationship. Face-to-face meetings may not be necessary. Chopra will locate a mediator to resolve a complaint informally in a private setting, with the consent of both a complainant and the lawyer about whom a complaint has been made. The mediation service is free and open to any lawyer, articled student or law firm employee who has a complaint involving a lawyer.

The Law Society website reminds law firms that designing and implementing an equitable workplace harassment policy and educational program may ensure that a complainant comes forward and does not take a complaint outside the law firm to a coach or other professional.

Leave a confidential voicemail message for Anne Chopra at (604) 687-2344.