Civility: Communication and Ethics
A Bench and Bar joint session
Featuring The Hon. Chief Justice Neil C. Wittmann, The Hon. Justice Mary Moreau, Professor Richard Devlin, Mona Duckett, QC, and Perry Mack, QC
Thursday, January 28, 2016 | 2:30pm - 4:00pm
Thursday, January 28, 2016 | 2:30pm - 4:00pm
What impact does civility have on effective persuasion? In this National Judicial Institute Joint Session, attended by Justices of the Court of Queen's Bench, participants will discuss scenarios and leave better equipped to understand, and avoid, negative outcomes for stakeholders - including clients.
Theme 1: The 'effectiveness' of uncivil advocacy
There is a sense that the best advocates are the most zealous…but when being zealous tips over into being uncivil, is there a cost? In addition to violating standards of professional conduct, does uncivil advocacy actually work, or does it harm counsel and their client? Is uncivil advocacy ever effective?
Theme 2: Managing incivility
When counsel behave in aggressive or uncivil ways in the courtroom (towards a party or other counsel), whose role is it to intervene? What are best practices and strategies for both bench and bar to address and manage this behaviour? What if being aggressive is part of counsel’s strategy to unsettle the witness?
Theme 1: The 'effectiveness' of uncivil advocacy
There is a sense that the best advocates are the most zealous…but when being zealous tips over into being uncivil, is there a cost? In addition to violating standards of professional conduct, does uncivil advocacy actually work, or does it harm counsel and their client? Is uncivil advocacy ever effective?
Theme 2: Managing incivility
When counsel behave in aggressive or uncivil ways in the courtroom (towards a party or other counsel), whose role is it to intervene? What are best practices and strategies for both bench and bar to address and manage this behaviour? What if being aggressive is part of counsel’s strategy to unsettle the witness?