«There are many reasons why a trial judge may elect not to criticize or complain about an advocate's
uncivil conduct in court, including the simple reality that refraining from such action in a given case may permit the proceeding to advance more efficiently,» wrote Cronk.
Not exact matches
Today's appeal concerns the case of an Ontario lawyer, Joseph Groia, who was disciplined by Ontario's law society for having engaged
in uncivil conduct.
On appeal, the appeal panel confirmed
in order for
uncivil courtroom
conduct to fall to the level of professional misconduct, it must be considered
in context.
Through my interactions, I learned about many of the same problems discussed
in Professor Julie Macfarlane's research, including the
uncivil conduct of opposing lawyers.
In light of the defendant's failure and unwillingness to comply with the order made by Stinson J., its late disclosure of important documents, counsel's
uncivil conduct leading up to and at the trial, and the repeated failures of the defendant's counsel to comply with the directions and orders of the court, it is appropriate for the court to exercise its discretion to deny the successful defendant its costs.
For
uncivil conduct to rise to the level that would properly engage the disciplinary process, it must be
conduct that,
in addition to being
uncivil, will also bring the administration of justice into disrepute, or would have the tendency to do so.»
Zealotry
in the practice of family law leads to unprofessional,
uncivil, non-collegial
conduct among attorneys, and ultimately increases all of our receivables.