The study, based on a recent survey involving 332 respondents from both Toronto and throughout Ontario, found that there has been a decline in “civility and professionalism” in the legal profession ever since lockdowns, self-isolation and other public health measures came to an end.
As for the reasons, TLA’s Report on Civility and Professionalism pointed to things such as a lingering lack of in-person engagement and a decline in the close mentorship of new lawyers — largely due to the continued use of the virtual technology ubiquitously employed during the health crisis.
Other reasons include overwork and stress, as well as issues with mental health.
The survey was sent out to TLA members on Aug. 5, with a deadline of Sept. 15.
Of those who responded, 31 per cent felt strongly that civility and professionalism amongst colleagues has declined, while almost 39 per cent agreed “somewhat” that this was the case. Around 20 per cent disagreed that there was a decline.
Just over 20 per cent said they had directly experienced uncivil or unprofessional behaviour from another lawyer in 2023, while almost 48 per cent said they had “sometimes” experienced this.
Almost 19 per cent reported to have “personally witnessed” bad behaviour by another lawyer, student, team member, court staff, judge, arbitrator, mediator, client or member of the public.
Aitan Lerner, Toronto Lawyers’ Association
The report notes that the TLA aimed to “explore the possible impact of the recent pandemic on the profession.”
“At the very heart of this matter is how we, as professionals and humans, respond when issues are fraught with emotion and division,” it states. “Respectful and empathetic dialogue needs to be engaged and modeled now more than ever. And so, we [are] recognizing and recommending the need for continued discussion, consideration, and review over the coming months and beyond to continue to uphold and move the dial on civility and professionalism in the legal profession.”
Some of the most common forms of bad behaviour experienced include communications going unanswered, “excessive rigidity” during negotiations, being interrupted, the use of sarcasm and the receiving of “aggressive, inflammatory or rude texts or emails”
Respondents listed some of the top consequences as increased stress, poor mental health, delays in negotiations and a threat to maintaining the public’s confidence.
During an interview with Law360 Canada, Lerner, a Crown prosecutor, acknowledged the increased access to justice that remote technology has provided. However, he tempered this by noting a balance must be struck between that and in-person, face-to-face dealings.
“There is a place for technology and remote Zoom court appearances in certain instances, but I can tell you that I can recall the days as a criminal defence lawyer, you’d walk into any of the courthouses and it was just teeming with people. When you’re coming into contact face-to-face with people who are either on the opposing side or you’re working together with, it’s important to be able to shake [their] hand, look [them] in the eyes and talk to that person face-to face, as opposed to being in a Zoom call, [where maybe there are] many other people, and where you don’t have that opportunity.”
Lerner likened this bad behaviour to drivers’ road rage, or rants on X (formerly known as Twitter), that can occur due to a lack of personal connection with the person on the other end.
“That’s why I don’t use Twitter; I don’t use social media. I just don’t want to be in a situation where I reflexively comment on something without thinking it through. When you’re engaging in conversation with someone face-to-face, there are facial expressions, there’s body language. … But if they are there with you, in-person, you can interpret their body language. … It’s just a different experience, and I think we need to go back to that.”
Alison Craig, Posner Craig Stein LLP
“Back before [the pandemic], when everything was in-person, as a young lawyer you’d sit and you’d watch the interaction between other lawyers; you’d watch how the Crown and the defence deal with each other,” said Craig, a partner with Posner Craig Stein LLP.
The benefits, she said, included novice lawyers not only learning advocacy skills, but “professional relationship skills and civility skills.”
“I think that is definitely missing — the human connection side is a big deal,” she said.
As for possible solutions, the survey left it open to respondents. Suggestions included increased training, awareness and mentorship; changes to billing practices; and a renewed focus on the benefit of in-person “activities and events.”
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