By Daniela Aroche

In a controversial case brought forward in March this year, former Freehills solicitor Nicole Stransky claimed she was severely bullied and harassed at the top-tier firm during 2008 and 2009 to the point of severe deterioration in her mental health and suicidal thoughts. The case exposed the issue of bullying in law firms again in a big way.

There is no doubt that bullying still exists in law firms; however, the question remains as to why it is still occurring and what can be done to cut the practice out of law firm culture.

"Bullying is very different from giving frank feedback when an individual is not delivering what is reasonably required [and] it has no place in any working environment including law firms," said Pattie Walsh, partner and Asia head of employment, pensions & benefits at DLA Piper.

The reasons for the prevalence of bullying in the legal profession are complex, but it is likely that they are inextricably linked to the nature of the work and the fast-paced, competitive environment. The very factors which perpetuate bullying also contribute to an 'anti-dobbing' culture in law firms - which makes it doubly difficult to identify and eradicate the practice.

However, Walsh says that far from "dobbing" being an issue, it is important that the leaders of law firms fully understand the issues facing their people and that victims build up the courage to take some action."Bullying will kill culture and make it hard to attract and retain lawyers [and although] people are the currency of a successful law firm, a law firm is bigger than even the most powerful individual partner."

[Victims of bullying] must find the courage to speak out.  Go to HR or a friendly face and be honest. While this will be difficult and may place a strain on immediate relationships, the issue can and will be addressed and taking that step is a move towards establishing a fair working environment based on principles of fairness."

Walsh also stresses the importance of firms taking the bullying issue seriously.

"Employers have a legal duty to provide a safe system of work and are responsible for the inappropriate actions of staff even if they have no knowledge that such conduct is taking place," she said. "Individuals who feel such obligations are being ignored can seek legal sanctions if internal steps fail to address the issue.  Any bullying linked to any discriminatory criteria, for example, on the basis of an individual's sex or race, could also provide a claim under discrimination legislation."