The Groia matter has led to a healthy debate about the merits of formal law society regulation of
lawyer civility that will no doubt continue as this case proceeds.
The issue of
lawyer civility — or lack thereof — continues be a hot topic this fall, with the Groia matter reaching its way to a Law Society Appeal Panel hearing on September 9 and 10.
For example, the disciplinary panel that originally heard Mr. Groia's case suggested in its reasons that regulating
lawyer civility is necessary to protect the proper administration of justice, trial fairness, and public confidence in the justice system.
Second, as a law professor, and in particular as a law professor interested in regulation of things like
lawyer civility, I have thought a lot about how the profession ought to respond to its oft - referenced «poor public image».
Not exact matches
I would like to see equal access to effective legal representation, greater resources for family law courts which are overburdened and greater
civility and cooperation among
lawyers.
When the justice system is splitting at the seams, students can't find jobs, unrepresented litigants are clogging courts and new competitors are emerging to eat
lawyers» lunches, the law society focuses on
civility.
Civility of
lawyers is a big deal right now in Ontario (see the Law Society's views here).
CDL will be participating as a stakeholder in a consultation by the Ontario Trial
Lawyers Association (OTLA, Ontario's leading association of plaintiff - side personal injury lawyers) in its campaign to improve standards and civility in personal injury liti
Lawyers Association (OTLA, Ontario's leading association of plaintiff - side personal injury
lawyers) in its campaign to improve standards and civility in personal injury liti
lawyers) in its campaign to improve standards and
civility in personal injury litigation.
A 2015 Above the Law article asserts «It is no secret that
civility is at an all - time low among
lawyers» and «we need to stop training
lawyers to be jerks.»
In the context of Dore's
civility, professional discipline to prevent incivility was important, [61] but the severity of the conduct had to be interpreted in light of the expressive rights guaranteed by the Charter, including the public benefit in ensuring the right of
lawyers to express themselves about the justice system.
Fellowship in the ACTL is extended by invitation to only those experienced trial
lawyers who have mastered the art of advocacy and whose careers have been marked by the highest ethical standards, professionalism and
civility.
Fellowship in the College is extended by invitation only to experienced trial
lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism,
civility and collegiality.
But these
lawyers are still the exception, even in an era of controversy over
civility.
Morden J.A. of this court expressed the matter this way in a 2001 address to the Call to the Bar: «
Civility is not just a nice, desirable adornment to accompany the way
lawyers conduct themselves, but, is a duty which is integral to the way
lawyers do their work.»
Ian Hu (practicePRO and Claims Prevention Counsel at LAWPRO) looks at how
lawyers face an uphill battle to keep turnover low, keep colleagues happy, and maintain
civility across the profession.
The debate on finding the ideal balance between zealous advocacy and maintaining
civility in the courtroom continued this week at the Law Society of Upper Canada discipline hearing for Toronto securities
lawyer Joe Groia.
Here are some of the other posts so far, and here is mine:
Lawyers appreciate
civility among their peers.
That aside, a common theme was that
civility between
lawyers continues to erode.
I realize that
civility in the legal profession is on the decline (perhaps another reason for increased
lawyer depression, described in the last post).
Professor Woolley's academic articles have discussed
lawyer billing, the good character requirement for law society admission, the regulation of extra-professional misconduct, legal ethics teaching, access to justice, the regulation of
civility, independence of the bar, the
lawyer's duties as fiduciary and as an advisor, criminal
lawyer ethics and the theoretical foundations of the
lawyer's role.
Fellowship is extended by invitation only and only after careful investigation, to those experienced trial
lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism,
civility and collegiality.
Secondly, there is a debate about whether zealous advocacy and the duty of
civility are mutually exclusive or whether they are two components of good
lawyering.
Alberta Court of Queen's Bench Master L.A. Smart fired off at two
lawyers for their lack of
civility in the courtroom after an hour - long squabble between the pair during questioning forced one client to leave.
«Denying a
lawyer's right to free expression on behalf of a client in a court of law in favour of a vague definition of
civility and its application after the fact fetters and chills the
lawyer's ability to engage in vigorous advocacy,» Groia argues in his factum, «in turn damaging the public interest, as well as infringing [on] the ability of an accused or client to make full answer and defence in a judicial proceeding.»
Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial
lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism,
civility and collegiality.
There are many benefits of
civility, starting with the recognition that life is too short to get caught up in unpleasantness and that, in any event, most legal matters involve
lawyers who are simply trying to serve their clients to the best of their ability, and do not constitute battles between good and evil that warrant treating one's adversaries with contempt.
Gesmer is referring to a recent ruling by Massachusetts Superior Court Judge Mitchell J. Sikora Jr. chastising the
lawyers for their lack of
civility and common sense.
David Bilinsky mentioned it in passing back in August: there are calls for increased
civility amongst
lawyers.
At a time when there are calls for increased
civility amongst
lawyers I was hoping for an example of leadership and statesmanship from our ex-Prime Minister.
-- Winter 2008 edition of the Ontario
Lawyers» Gazette, which focused on
civility in the legal profession — entertaining descriptions of the 10 kinds of litigators to avoid
Joe Groia and the Law Society of Upper Canada remain at loggerheads as both sides are challenging an appeal panel ruling that was partly favourable to the Toronto
lawyer in the long - running
civility case.
Tim, from the registration form: «
Lawyers, paralegals and articling candidates are invited to a series of meetings across the province to participate in a forum on how we can address the
civility challenge.»
And I also wonder whether we as
lawyers cede too much to clients when we decline accepted professional
civilities because we fear offending our clients.
Professor Woolley's academic articles have discussed
lawyer billing, the good character requirement for law society admission, the regulation of extra-professional misconduct, legal ethics teaching, access to justice, the regulation of
civility,
lawyer self - regulation and the theoretical foundations of the
lawyer's role.
The lack of
civility has been so concerning over the years that the Advocates Society, an intervenor in the case, has published and revised a set of principles to help guide
lawyers on how to be nicer to each other.
Civility is also a component of the Law Society's continuing professional development content, essentially mandatory training that
lawyers must take annually.
A top Bay Street
lawyer violated the rules of
civility in his defence of a former minerals executive, the Law Society of Upper Canada ruled Thursday.
As a Fellow of the American College of Trial
Lawyers, Mr. Hueston is among less than 1 percent of active lawyers who have «mastered the art of advocacy and whose professional careers have been marked with the highest standards of ethical conduct, professionalism, civility and collegiality.
Lawyers, Mr. Hueston is among less than 1 percent of active
lawyers who have «mastered the art of advocacy and whose professional careers have been marked with the highest standards of ethical conduct, professionalism, civility and collegiality.
lawyers who have «mastered the art of advocacy and whose professional careers have been marked with the highest standards of ethical conduct, professionalism,
civility and collegiality.»
All of us
lawyers want more
civility in the litigation process.
And while it's never appropriate to insult or attack judges, doing so doesn't impair
civility as much as attacks on other
lawyers, witnesses or the parties themselves.
Groia, who recently launched his bid to become a bencher of the law society, has vigorously fought the law society proceedings over concerns a crackdown on
lawyers» courtroom conduct and the regulator's approach to the
civility issue would impinge on their ability to fearlessly advocate for their clients.
For example, John Hunter, a recent president of the B.C. law society, wrote in a message to his members, with just a slight touch of xenophobia, «
Civility and mutual respect are aspects of professionalism that need emphasis in these days of the portrayal of aggressive and preening
lawyers on American television.»
The court found that the
lawyer's statements violated Rule 6.03 of the Rules of Professional Conduct, and ran contrary to Principle 27 of the Principles of
Civility published by The Advocates» Society, which provide that a
lawyer should not: ``... attribute bad motives or improper conduct to opposing Counsel, except when relevant to the issues of the case and well - founded.»
Complaining about a
lawyer's lack of
civility smacks a little of whining to your mother because someone was mean to you in the schoolyard.
Lawyers appreciate
civility among their peers.
In this article, Ms. Coggiola notes the Supreme Court of South Carolina «has issued four or five opinions that are strictly on
civility, including three in one year and one for a
lawyer hitting an opponent in a deposition.»
Nevertheless, defense
lawyers such as Mr. Groia are not only subject to a duty of
civility but must also act consistent with their duty to advocate for their clients vigorously and zealously, as was conceded by the panel (para. 49).
Could we be experiencing an epidemic of
civility and candor among our fellow
lawyers?
Civility in our profession provides positive outcomes for the legal system and the
lawyers involved.
The principles of
civility in law permeate the entire legal system, defining at the core what it means to be a
lawyer.