Legal Stonewalling

Stonewalling is ignoring what another person is saying. It includes avoiding contact and refusing to acknowledge the stonewalling behaviour itself. It is a well known litigation tactic. And can be used to achieve a critical advantage in negotiations.

Lawyers are very good at stonewalling. Especially those with the power and authority and what we lawyers call "standing". The invidious aspect of this is the effect this behaviour has on the person being stonewalled. And the vicious attack this can have on a person's self-esteem. I should know because it happened to me.

It is possible to stand up and have something important to say in our Australian legal profession and simply be ignored. Stonewalled. How can this be possible? Isn't our legal system about justice and the right to be heard?

Not if what you have to say is thought provoking or uncomfortable or challenging to the existing legal swimlanes status quo.

The first PhD in Australia that investigated how lawyers learn best post admission and what leadership development programs would provide the best outcomes for all members of the legal profession was completely stonewalled. Dead in the water in 2007.

It is as if it never existed. There is no reference to my work in any relevant legal academic article or government or agency policy reports for the past 17 years. No invitation to even debate the relevance of the findings.

May this never happen again. To another person.

By telling my truth my intention is to knock down this edifice of indifference and to ensure that the next time a person steps out of the pack, to empower lawyers to develop their careers and nurture their wellbeing, someone listens. And even says thank you. Common courtesy wouldn't go astray. A "Smarter Kinder" profession.

Dr Deborah Hann

27 May 2024