Judicial Bullying: How to Recognise It and Respond Without Escalating

Most lawyers will, at some point in their career, encounter a judicial officer whose conduct crosses the line from firm case management into behaviour that feels intimidating or belittling. While judges and magistrates carry enormous responsibility and often manage overloaded lists, there is an important distinction between robust case control and judicial bullying.

For solicitors and counsel alike, recognising that line - and knowing how to respond without escalating the situation - is critical both for the client’s case and for your own wellbeing in practice.

Recognising Judicial Bullying

Not every sharp question or strict direction is bullying. Courts are adversarial settings, and judicial officers are entitled to challenge submissions and test evidence. Judicial bullying is something different:

• Personal attacks: Comments directed at counsel or solicitors, rather than the case.

• Unreasonable interruptions: Consistently preventing a practitioner from making submissions or asking questions without fair reason.

• Disparagement in front of clients: Remarks that undermine a practitioner’s competence in a way that goes beyond legitimate criticism.

• Pattern of conduct: Repeated hostility or sarcasm, especially when disproportionate to the circumstances.

The key is whether the behaviour goes beyond firm control of proceedings and becomes personal, humiliating, or obstructive.

Progress Made, But Challenges Remain

The profession has made significant progress in recognising and addressing judicial bullying. It is more openly discussed now than ever before, and there are clearer avenues to raise concerns. That said, there will still be times when it happens.

It is deeply disappointing when it does, not least because the vast majority of judicial officers are highly professional, conscientious, and respectful to barristers, solicitors, and all persons who appear before them. But then there are the few that aren’t so conscientious - and I have seen first-hand colleagues brought to tears. That simply shouldn’t happen in what is, after all, our workplace.

Responding Without Escalating

The challenge is to protect yourself and your client while avoiding escalation. Strategies I find useful include:

• Pause before responding: Even a few seconds indicates you’re processing, not reacting emotionally. It signals professionalism while giving you space to reset.

• Refocus on the case: Redirect the conversation back to the legal issue, rather than engaging with the tone.

• Use respectful language: A phrase like, “With respect, Your Honour, I'm having some trouble making a complete submission, and I would be grateful if I were given the opportunity to finish my sentence” is often effective.

• When the line is crossed: You can say, “I feel I’m not providing Your Honour with the information you require, and I would be grateful for 5 minutes to obtain further instructions.”

• If flustered: Sometimes your voice strains or words stumble. Take a deep breath and silently spell out the word “Slow” in your mind. It’s a mental reset that can steady you long enough to ask for the matter to be stood down.

• Asserting boundaries: If the behaviour continues, it is not out of place to say, “I’m having some difficulty responding to your questions as I’m feeling uncomfortable by Your Honour’s demeanour, and I would be most grateful if we could have a 5 minute recess so I can better respond.”

You have every right to set boundaries if you are made to feel uncomfortable. While it is the Court, it is also our workplace.

What Else You Can Do

Support doesn’t end in the courtroom. If you’ve experienced judicial bullying:

• Reach out to a colleague for perspective and support - even a short debrief can help; we've probably all got our own war stories to share.

• Seek guidance from professional bodies such as the Law Institute of Victoria, the Victorian Bar, or the Victorian Legal Services Board + Commissioner (VLSBC). Most state equivalents have processes to provide support and, where appropriate, to handle complaints.

• Normalise the conversation: By speaking up within our professional networks, we reduce the isolation practitioners can feel when this occurs.

The Role of Collegiality

One of the most important protections against judicial bullying is strong professional relationships. Having colleagues you can debrief with - whether it’s a barrister you’ve briefed, a mentor, or a trusted peer - helps put incidents into perspective and gives you strategies for the future. These conversations are vital in a profession that is already high-stress and adversarial by nature.

Final Thoughts

Judicial bullying is never easy to deal with, and it can leave even experienced practitioners shaken. While the profession has made progress in acknowledging and addressing it, moments still arise where conduct crosses the line. Recognising those moments, responding with calm professionalism, and setting boundaries when necessary are key to protecting both yourself and your client.

For me, this is also where the solicitor–barrister relationship shows its real value: having someone in your corner, ready to support and strategise, can make all the difference in ensuring your client’s case is heard fairly - and that you are not left to manage the impact alone.