Ask Ash: Up against a bully

I have been working as a lawyer for a few years and have encountered some challenging cases and indeed lawyers acting for the other side. However, I have recently encountered a particularly nasty opposing lawyer. He has a tendency to shout loudly at me during phone calls or on Teams and has even tried to belittle and laugh at me when I’ve tried to make an important legal point. I’ve noted that he seems particularly rude to female lawyers.

He is, however, good at putting on the charm offensive in front of sheriffs or sheriff clerks, though he recently slipped up by showing his true colours when he began shouting at me after a virtual court hearing was delayed as he didn’t realise the clerk was still online! I’m loth to even speak with this individual as he is a real bully, but I’m not sure how I can manage the situation effectively on behalf of my client. 

I am really sorry that you’ve had to put up with such an obnoxious and unprofessional person. He clearly has insecurities about his own abilities which is resulting in him behaving in this manner.

All solicitors, as you will know, need to abide by a specific professional code of conduct and I would say that he is falling well below the standards expected. Can I suggest that you contact the Law Society of Scotland in the first instance and speak to the Professional Practice team (details are available on the Society’s website). You could initially speak to them on an anonymous basis to sound out your concerns, and to understand better what steps you can take moving forward.

It is unacceptable that you are being effectively intimidated, but no doubt this individual’s charm offensive will continue to slip in the future and he will be called out for his behaviour by others too. In the meantime, you should make clear to him that unless he refrains from shouting, you will not be able to continue with any conversations. Also speak to your own management about his behaviour as you may be able to seek help in raising a complaint with his employer, as no reputable firm will want to be associated with such behaviour.

As with any bully, it is important that you stand your ground and call out the behaviour; but please do not allow him to get to you as he is clearly the one with issues. Good luck!

“Ash” is a solicitor who is willing to answer work-related queries from solicitors and other legal professionals, which can be put to them via the editor. Confidence will be respected and any advice published will be anonymised.

Please note that letters to Ash are not received at the Law Society of Scotland. The Society offers a support service for trainees through its Education, Training & Qualifications team. Email legaleduc@lawscot.org.uk or phone 0131 226 7411 (select option 3).