I always say I have seen everything at the Bar – the good, the bad, the ugly – nothing else can shock me. But then it does. I have witnessed the very best and the very worst behaviours over the course of my career. This is why leading by example with integrity is so important. It still surprises me that in applying for silk, integrity appears to be assumed, not checked. I always complete that part of the form, if acting as an assessor.

How you conduct yourself matters. I was fortunate to learn from the best of the best. I did not need to be told how to behave well but was drawn to surround myself and forge connections with those who did. I have made lifelong friends at the Bar.

Barristers operate in high-pressure, high-stakes environments. Stress may be inevitable; toxicity is not. Yet practitioners continue to report experiences that go beyond difficult personalities and enter the realm of sustained harm.

This article is designed to help barristers, chambers, leaders and clerks identify toxic behaviours early, understand why they take root and, crucially, take practical steps to address them.

Why do they do it?

Empty vessels can make the most noise. They can also try to wield the most power – often bullying – to make up for their own inadequacies. Why do they do it? Of course there can be deep psychological reasons, but let’s not discount the obvious. Character flaws.

The pursuit of money and power in an environment of pressure and competition can drive insecurity (everyone has them, no excuses) to pave the way for the unacceptable, as if it is inevitable.

Whether it parades as those who think they are just better – an inflated ego, more intelligent, successful, talented, gifted, silver-tongued, superior aka arrogant or sit further up the hierarchy – bad (toxic) behaviour is unacceptable.

Wherever it turns up – in chambers, the conference room or the courtroom – toxic behaviour is a punch in the gut. It’s destabilising and has an intensely negative and (ma)lingering impact, being undermined, discounted and deflated. Most often the offender has form, but masquerades under a façade of position or authority.

Bullying in whatever form stings with its inherent humiliation, especially if it occurs in the presence of others, as does the brute statement of power difference it reinforces.

Toxic behaviour is a threat to health, triggering stress and frustration at the devaluation. Chronic stress is linked to cardiovascular disease, insomnia, depressed immunity overeating and excessive drinking. It is deeply disturbing and destabilises us, prompting the belief that it reflects how all others see you.

The trouble is, it can be catching – like bullies in the playground that club together – the bully, the bullied and the bystander.

Toxic people never take responsibility for their actions. They see you as the problem because their own self-interest trumps all else.

The word toxic is defined as poisonous, derived from the Greek meaning for a ‘poisoned arrow’. In other words, to kill (or poison) in a targeted way. Res ipsa loquitur. ‘Toxic’ is a strong term, but most accurate for behaviour that:

  • undermines psychological safety;
  • creates fear, exclusion or humiliation;
  • normalises unacceptable behaviour;
  • damages wellbeing, performance or retention;
  • suppresses challenge or accountability

Toxicity is not simply someone being demanding or exacting. It is behaviour that corrodes the integrity of the working environment.

Recognising the behaviours: it’s toxic!

Bullying and harassment central to the Harman Review was recognised as systemic, not isolated. Behaviours can be overt or subtle:

  • public belittling, aggression or using status to intimidate;
  • persistent criticism, impossible standards, or shifting goalposts;
  • exclusion from information, opportunities, or social spaces;
  • sexualised or discriminatory behaviour, dressed up as harmless fun.

Gaslighting and manipulation, hallmarks of toxicity, causes individuals to doubt themselves:

  • rewriting events;
  • denying previous statements;
  • framing legitimate concerns as baseless.

No respect for boundaries occurs in hierarchical settings:

  • contact at inappropriate hours or places (the hotel room);
  • abuse of power or authority to exploit a more junior person;
  • blurring professional and personal boundaries.

Favouritism and punitive decision-making within chambers structures:

  • preferential treatment based on alliances or power structures;
  • denial of quality work based on personal allegiance;
  • unfair distribution of work as punishment for perceived disloyalty.

A culture of toxicity:

  • norms that reward aggression;
  • silence around misconduct;
  • high turnover or chronic burnout;
  • conduct overlooked due to the ‘brilliant’ practitioner, not so brilliant person.

These behaviours can persist at the Bar as structural features can breed toxic behaviours, if left unchecked:

  • Power imbalances: between leaders, clerks, pupils, juniors and silks.
  • Self-employed status: making people reluctant to ‘rock the boat’.
  • High competition for work: enabling gatekeeping of opportunities.
  • Reputational fear: the belief that reporting will damage careers.
  • Managerial deficiencies: great advocacy does not equal great skill in people management.

The Harman Report highlighted that many barristers tolerate poor behaviour because they feel there is no safe mechanism for raising concerns and no confidence that concerns will be actioned.

Silence enables toxicity to flourish

 

Practical steps for barristers – an action plan

Tackling toxicity is a leadership responsibility that requires an action plan:

A. Action standards of expected behaviour – policies, reminders and consequences.

B. Better reporting – confidential, independent routes and protection.

C. Count on people management skills – conflict resolution, feedback and responsibilities.

D. Gatekeep work fairly – monitor, challenge, equitable exposure.

E. Lead by example – respectful communication, awareness and accountability.

(See ‘The Harman Report – recommendations to reality’, Joanna Chatterton and David Murphy, Counsel, February 2026).

Even without formal authority, barristers can take steps to protect themselves and others:

  • Document and evidence for clear reporting (e.g., Talk to Spot).
  • Set boundaries clearly using written communication where possible. If behaviour continues, escalate.
  • Seek support early from a trusted colleague, a chambers EDI officer or wellbeing lead, Bar Council helplines, specialist organisations (e.g., for harassment or discrimination).
  • Use formal pathways if safe to do so: chambers’ grievance procedures, Bar Standards Board reporting routes, external mediation.

The Harman Report emphasised the importance of independent reporting mechanisms – they exist to be used.

While pathways to report bad behaviour exist, there is so much more to be done to make them effective in achieving the right outcome.

It falls to each of us to know how to recognise nastiness and how to call it out. Handling toxic people is vital to your welfare and to the greater good.

Psychological safety is not optional. It is a professional necessity.

A work in progress – towards a healthier culture at the Bar

The Harman Report’s message is clear: cultural change is an urgent professional need. Toxic behaviour is not a necessary by-product of excellence. The best chambers understand that a respectful, supportive environment is the foundation for success, sustained performance, ethical practice, diversity, retention and collegiate excellence.

Managing toxic behaviour is not about conflict – it is about safeguarding professionalism. Let’s call time on toxic.

Do right, harm no one. 

***

Further information and support

The Bar Council’s Action plan for implementing the Harman Report

Talk to Spot – the Bar’s secure and confidential online tool to make a date-stamped and anonymous record of an incident or inappropriate behaviour. Next steps are up to you.

The Bar Council’s confidential equality and diversity helpline for pupils and members of the Bar, as well as chambers. Email equality@barcouncil.org.uk You do not need to disclose your name. Find out more here (select ‘Equality and Diversity helpline’ tab).

Wellbeing at the Bar portal – access support, self-help tips and resources for those experiencing or witnessing bullying and harassment. There is also a 24/7 confidential helpline (tel: 0800 169 2040) for self-employed barristers with a practising certificate as well as members of the IBC and LPMA.

LawCare offers peer-to-peer support for anyone in or associated with the legal community. Call: 0800 279 6888 (Mon to Fri 9am to 5pm except bank holidays) or visit www.lawcare.org.uk. The Samaritans can be contacted 24 hours a day, 365 days a year on tel: 116 123, www.samaritans.org or email: jo@samaritans.org. International helplines can be found at: befrienders.org.