Getting slapped and kicked: the experience of judicial bullying for lawyers providing publicly funded criminal defence

Abstract

Judicial bullying has received increased attention in Australia in the past decade. Traditional attitudes that dismissed judicial bullying as a rite of passage have been superseded by recognition about the negative impact it has on lawyers' mental health and wellbeing. In interviews about wellbeing and burnout with lawyers in five Australian jurisdictions, judicial bullying was identified as having a significant role in lawyers' mental health and careers. This research affirms current formal steps being undertaken in Victoria to address judicial bullying, but also emphasises the informal mechanisms employed by lawyers to mitigate the risk and reduce the impact of judicial bullying.

Keywords: debriefing; judicial bullying; legal aid; management; wellbeing.