Civility in Law


https://nationalmagazine.ca/en-ca/articles/the-practice/workplace/2022/the-stress-of-incivility

The topic of civility in law has been around for decades but more and more we're paying attention to how it can affect the mental health of lawyers and clients.

Of course, there are many reasons for bad behaviour - letting your emotions get away from you, poor planning and scheduling skills, financial pressures, insecurity, generation differences etc.

One interesting cause of uncivil conduct is client expectations. Clients who may have seen lawyer shows on tv may have a false idea of what a real court case looks like. 

In Canada, Judges will not tolerate grandstanding - lawyers shouting back and forth, pounding fists on the table, tossing pens in frustration, theatrics. In reality, we have to patiently wait for our turn to talk. We have to be polite and keep an even tone when questioning witnesses, and even refrain from eye rolling or noisy breaths while the other lawyer is talking. 

It's definitely boring to watch, and some clients may be disappointed that the lawyer they assumed was a "pitbull" or "shark" is behaving so civilly. The truth is, the anger and drama is usually a sign that the lawyer knows she does not have a good case.

Similarly with written correspondence, lawyers are encouraged to be productive and respectful when sending letters back and forth. On occasion, a lawyer will get a blistering letter from a colleague, filled with insults and attacks and threats. Some clients will expect their lawyer to respond in a similar fashion. 

The reality however is that doing so is unethical, degrading and serves no purpose. A client would be paying good money for their lawyer to show off and engage in a personal battle while not actually accomplishing anything productive for the client. And in family law, it can cause irreparable damage for the family. 

It's just an expensive waste of time. 

As the well known phrase goes, "Don't wrestle with a pig. You'll only get dirty, and the pig will enjoy it".

Comments