Civility and Professionalism in the Legal Profession
TORONTO, Dec. 12, 2023 /CNW/ - Civility and professionalism are core tenets of the legal profession. In the past year based on feedback received by members of the bar, the Toronto Lawyers Association (TLA) has become increasingly concerned our profession is experiencing a decline in these essential traits.
These concerns are not new. There has been much comment, research and discussion over the years calling for a more "civil" legal profession. In response, the association has undertaken an extensive study of the issue and is pleased to present our Report on Civility and Professionalism.
For the TLA, this issue is of significance and we refuse to shy away from the discussion, and possible solutions, because of the definitional challenge that may be associated with the terms "civility" and "professionalism."
Earlier this year, the TLA Membership Committee began addressing a recurring theme that the legal profession was experiencing a decline in civility and professionalism in the fallout of the pandemic. While much of the discussion has appeared to focus on barristers, the TLA has taken the approach that the topic is relevant for all lawyers, both the litigating bench and bar and transactional lawyers.
The TLA's focus within this Report is championing a broader respectful dialogue on civility and professionalism with the goal of improving the collective experience of members, current and future, of the bench and bar.
This Report offers recommendations and a pathway for the next steps for the TLA and the broader legal community.
The TLA is keen to engage in dialogue with interested stakeholders in the justice system and discuss our findings to continue the conversation and identify solutions.
"The feedback shared with the TLA informed the association's hypothesis that there was a palpable change in the way lawyers engaged with each other, the judiciary, and the justice system post-pandemic. The hypothesis was that the change was not a positive one for civility and professionalism."
"It is indisputable that the pandemic and post-pandemic ever-changing 'normal' have shifted our work and life environments and impacted the way we interact with each other as members of the profession, as well as with clients and other stakeholders in the justice system."
-Aitan Lerner, TLA President
"I feel that overall, there has been a general decline in civility and to be honest, I too have been guilty of such behaviour. I feel that lawyers are sharper with one another and often attempt to impose deadlines that can't be met without moving heaven and earth.
-Survey respondent
The definition of civility is fluid and changes based on context and facts. When asked to consider why a decline in civility is occurring, a variety of themes arose including the impact of regional or geographic differences; the business of law and competition factors; fewer opportunities for mentorship, training and for interpersonal interactions (loss of "third spaces"); technology and social media; and shifts in culture and global changes in standards and expectations of behaviour.
The TLA engaged members and the broader legal community in a review of the status of the profession. The study included:
- an expansive literature review;
- a comprehensive survey sent to TLA members and available for response by the broader Toronto legal community;
- a parallel survey sent to members of the Federation of Ontario Law Associations, for data on the state of civility and professionalism across the Ontario legal community; and
- facilitated discussions with members of the profession, including a broader session with lawyers on September 21, 2023, and a separate session with the judiciary on October 3, 2023, both held at the TLA Offices.
Multiple reasons for a decline in civility were offered, including:
- the lack of in-person engagement and opportunities to connect face-to-face within the profession;
- the apparent lack of mentorship and training; and
- mental health issues in the profession.
SOURCE Toronto Lawyers' Association
Joan Rataic-Lang, Executive Director, Toronto Lawyers' Association, [email protected]
Share this article