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August 14th, 2006, 9:42:32 AM
Lawyers' code aims to enforce civility
Aug. 14, 2006. 01:00 AM
TRACEY TYLER
LEGAL AFFAIRS REPORTER
ST. JOHN'S—When Canadian lawyers produced their first code of ethics in 1920, lessons on civility weren't considered necessary.
Times have changed.
A new code of professional conduct launched by the Canadian Bar Association yesterday introduces "principles of civility" for advocates, guidelines on unacceptable behaviour in the courtroom and in dealings with clients and opposing lawyers.
The new principles acknowledge that litigation before a court or tribunal is not "a tea party" and that lawyers are required to vigorously make their client's case. At the same time, antagonistic or acrimonious behaviour is off-limits.
Five of the guidelines deal with conduct during examinations for discovery, a source of recent concern. Examinations for discovery are out-of-court, pre-trial hearings at which parties to a lawsuit cross-examine potential witnesses under oath, attempting to gather evidence and test the strength of their case.
One of the more memorable accounts of intemperate behaviour by a member of the legal profession stems from an examination for discovery hearing a decade ago.
In advising a fellow lawyer it was all right to begin his cross-examination, Toronto lawyer Vern Balaban said: "Okay, Dumbo, you can start."
Balaban also poured coffee over his opponent's documents and told him: "Go back to your little hole and stay where you belong." The Law Society of Upper Canada temporarily suspended Balaban.
http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&pubid=968163964505&cid=1155505811710&col=968705899037&call_page=TS_News&call_pageid=968332188492&call_pagepath=News/News
Aug. 14, 2006. 01:00 AM
TRACEY TYLER
LEGAL AFFAIRS REPORTER
ST. JOHN'S—When Canadian lawyers produced their first code of ethics in 1920, lessons on civility weren't considered necessary.
Times have changed.
A new code of professional conduct launched by the Canadian Bar Association yesterday introduces "principles of civility" for advocates, guidelines on unacceptable behaviour in the courtroom and in dealings with clients and opposing lawyers.
The new principles acknowledge that litigation before a court or tribunal is not "a tea party" and that lawyers are required to vigorously make their client's case. At the same time, antagonistic or acrimonious behaviour is off-limits.
Five of the guidelines deal with conduct during examinations for discovery, a source of recent concern. Examinations for discovery are out-of-court, pre-trial hearings at which parties to a lawsuit cross-examine potential witnesses under oath, attempting to gather evidence and test the strength of their case.
One of the more memorable accounts of intemperate behaviour by a member of the legal profession stems from an examination for discovery hearing a decade ago.
In advising a fellow lawyer it was all right to begin his cross-examination, Toronto lawyer Vern Balaban said: "Okay, Dumbo, you can start."
Balaban also poured coffee over his opponent's documents and told him: "Go back to your little hole and stay where you belong." The Law Society of Upper Canada temporarily suspended Balaban.
http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&pubid=968163964505&cid=1155505811710&col=968705899037&call_page=TS_News&call_pageid=968332188492&call_pagepath=News/News