Uncivil advocacy: An intensifying spotlight on incivility in advocacy cannot be ignored [online]

Abstract

Early in 2015 a Canadian court referred to an "increasing concern over the last number of years that the conduct of lawyers is becoming less and less civil - both inside and outside the courtroom".1 The court pondered the drivers for this 'increase in incivility' in the context of advocacy, including vis-a.-vis the opposing lawyer, client or witnesses, and also the Bench. One driver, it surmised, could be demands by clients who, completely unfamiliar with what actually constitutes effective advocacy, believe that an aggressive lawyer is an effective lawyer. Competition for legal work may prompt aggressive advocacy in the belief that clients desire an 'attack dog' . The court identified a second, related driver, namely the image of lawyers in television shows, and in other media, where actors portray lawyers in a fashion unrestrained by any need to represent reality and without concern for the reputation of the legal system.