Sentences with phrase «over zealous advocacy»

cautions that the institutionalizing of ADR without attempting to change underlying culture will likely lead to a corruption of ADR mechanisms and the wider civil justice system as there remains the possibility that good settlement process will be marred by over zealous advocacy or over zealous desire to close cases.

Not exact matches

«The trial judge is the person best placed to determine whether a barrister's conduct is approaching or has crossed over the all - too - grey line that separates zealous advocacy from impermissible courtroom conduct.»

The struggle between being civil and forcefully and properly representing a client in court is real, Nordheimer wrote, who concluded that when the interests clash, «I would suggest that it is better that zealous advocacy be favoured over the desire for civility.

On that issue, Nordheimer found «the concern over the submission about the chill on zealous advocacy loses much of its impact if the reality is that this zealous advocacy is being used to further arguments in cases where the facts would not, on an objectively reasonable basis, warrant the ultimate relief sought.»

In refusing to draw a bright line between zealous advocacy and unprofessional conduct, at paragraph 71 the judge nevertheless stated that the courts should prefer zealous advocacy over pulling punches:

Indeed, where the interests clash, I would suggest that it is better that zealous advocacy be favoured over the desire for civility.