Transcript Dealing with Difficult People The Legal Foundations Presented to

Dealing with Difficult People
The Legal Foundations
Presented to CBA Legal Conference, August 15, 2014
Presented by
Vivian E. Rachlis, Partner
Dealing with Difficult People
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Clients
Counsel
Colleagues
Add to the mix … judges and tribunals?
Presented By: Vivian E. Rachlis, Partner
Lawyers and the business of “conflict”
• Lawyers – especially litigators – are in the conflict business.
• Conflict often ≠ best behaviour.
Presented By: Vivian E. Rachlis, Partner
Clients
• http://www.nbclosangeles.com/news/local/LA-ClippersOwner-Donald-Sterling-Expected-to-Continue-With-HisTestimony--266458431.html
Presented By: Vivian E. Rachlis, Partner
Judges
• http://www.clickorlando.com/news/brevard-judge-accused-ofhitting-public-defender/26292300
• https://www.youtube.com/watch?v=Dk6y5n_1-Yo
Presented By: Vivian E. Rachlis, Partner
Opposite counsel
• https://www.youtube.com/watch?v=BGX4nMrnxg0
• https://www.youtube.com/watch?v=NFqYn3i_UQ0
Presented By: Vivian E. Rachlis, Partner
Colleagues
• https://www.youtube.com/watch?v=pE6OMYNyJmw
Presented By: Vivian E. Rachlis, Partner
Colleagues
“On the balance of probabilities, Mr. _____did say that:
(a) Ms. ____ was a stupid lawyer;
(b) “f___ off”; and
(c) “you are so pathetic and unprofessional”.
These statements were made by a senior lawyer called to the bar in 1970, to a much younger lawyer who
had started her practice some 34 years later. Mr. ____ had employed Ms. ____ and paid all of her earlier
invoices … Mr. ___’s statements are not conduct expected of a senior member of the bar when dealing
with a junior member of the bar and are not acceptable by a lawyer at any time.
Counsel for the Law Society helpfully provided us with a series of cases dealing with the application of
Rule 6.03(5) of the Rules of Professional Conduct which reads as follows:
“A lawyer shall not in the course of a professional practice send correspondence or otherwise
communicate to a client, another lawyer, or any other person in a manner that is abusive, offensive, or
otherwise inconsistent with the proper tone of a professional communication from a lawyer.”
http://www.canlii.org/en/on/onlst/doc/2009/2009onlshp85/2009onlshp85.pdf
Presented By: Vivian E. Rachlis, Partner
Dealing with Difficult People: Legal Foundations
Presented By: Vivian E. Rachlis, Partner
Toolkit: Ethical Foundations
• http://www.lawsociety.mb.ca/lawyer-regulation/code-ofprofessional-conduct/documents/english-version/chapter5.pdf
• http://www.lawsociety.mb.ca/lawyer-regulation/code-ofprofessional-conduct/documents/english-version/chapter7.pdf
• http://www.flsc.ca/en/a-profession-that-respects-rules-ofconduct/law-society-codes-of-conduct/
Presented By: Vivian E. Rachlis, Partner
Toolkit: Ethical Foundations
There is some debate currently on the topic of civility:
• Alice Wooley, “Does Civility Matter,” Osgoode Hall Law
Journal, Volume 46, Number 1 (Spring 2008)
• “Civility: A Cornerstone of Professionalism,” Ontario
Lawyers Gazette (Winter 2008)
http://www.lsuc.on.ca/media/olg_winter08_professionalism.pdf
Presented By: Vivian E. Rachlis, Partner
Consequences
• http://www.canlii.org/en/on/onlst/doc/2012/2012onlshp94/201
2onlshp94.html
• http://www.canlii.org/en/bc/lsbc/doc/2011/2011lsbc29/2011lsb
c29.html?searchUrlHash=AAAAAQAJbGFhcmFra2VyAAA
AAAE
Presented By: Vivian E. Rachlis, Partner
Dealing with Difficult People: Practical Toolkit
• Next speaker …
• More discussion later.
Presented By: Vivian E. Rachlis, Partner
Vivian E. Rachlis
[email protected]
(204) 934-2536
http://www.tdslaw.com/person/vivian-rachlis
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