The former solicitor-general and chair of an independent review into misconduct at the Bar said there is a “clear” problem of judicial bullying, particularly involving junior barristers in the Crown Courts, but that the judiciary had not yet reached “full acknowledgment” of the issue.
Speaking at the Bar Council’s annual conference in Birmingham, Baroness Harman urged the judiciary to “start on that journey” of recognition and criticised what she described as a “culture of excuses” surrounding inappropriate behaviour within the profession.
Baroness Harman drew a contrast between the senior judiciary’s stance and the Bar Council’s willingness to confront misconduct. She said evidence submitted to her review by the Criminal Bar Association and others demonstrated that judicial bullying — including misogynistic behaviour — is an ongoing concern.
She acknowledged that judges are operating under “completely unacceptable” conditions, including underfunded courts and excessive workloads, but warned this did not justify poor conduct.
“The stresses of the job don’t excuse bullying,” she said. “There is a problem — and it needs to be addressed.”
One of the review’s preliminary findings, Baroness Harman explained, is that the structure of the Bar, combined with a culture of deference, can shield problematic judges from scrutiny.
“Support for and deference to the judiciary means leadership judges often don’t get told what is actually going on,” she said. “There are WhatsApp groups reporting that a judge is behaving badly, but no system to deal with it.”
Baroness Harman also addressed the Bar’s internal challenges in tackling bullying and sexual harassment. While praising its strong mentoring traditions, she said the structure of pupillage can also create environments where abuse goes unchallenged.
“That personal relationship can provide dark corners where people take advantage of those they’re purportedly helping,” she said.
She identified the close-knit nature of chambers as a double-edged sword: it provides support but also deters victims from speaking out for fear of being isolated or labelled a “troublemaker.”
The adversarial nature of the profession, Harman noted, can also obscure abusive behaviour. Barristers accused of bullying may claim they are simply engaging in robust advocacy.
“The adversarial style can be used as a cloak for bullying,” she said. “Without undermining the strengths of the Bar, we need systems that allow these issues to be addressed.”
Baroness Harman called for a shift in where “jeopardy” lies in misconduct reporting. Currently, she argued, victims bear the brunt of the professional risk.
“The jeopardy must move from the victim to the perpetrator,” she said. “If a few people lost their careers for bullying or harassment, the message would be very quickly received.”
She endorsed the Bar Council’s commitment to tackling the issue but called on individual barristers to follow suit.
“Zero tolerance must mean zero tolerance — not excuses.”
Baroness Carr, the Lady Chief Justice, also addressed the conference. While offering no direct rebuttal, she said she was “aware of real concerns about judicial misbehaviour,” which she took with “the utmost seriousness.”
“I look forward to seeing the evidence in Baroness Harman’s report,” she said. “There will be scope for engagement between the judiciary and the Bar to improve how concerns are raised and handled.”
Baroness Harman’s full review is due to be published later this year. It is expected to set out detailed recommendations for reform — not only within chambers and the Bar Standards Board, but across the judiciary itself.
Until then, her message remains clear: silence and structural tradition must no longer be used to excuse misconduct in one of the country’s most powerful and trusted professions.
