Proper Litigation Civility
Demands Respectful, Courteous Behavior from Disputeants and Representatives
Page last modified: January 10 2020
What Do the Rules of Civility Mean?
The requirement of polite behavior between parties and counsel in legal issues is outlined in the Rules of Civility. There could be consequences if the Rules of Civility are broken.
Recognizing the Proper Conduct Guidelines, Including Possible Penalties for Uncivility in Court
Through the use of rude and impolite behavior, litigants in legal processes can frequently make the process of litigation more onerous than necessary;
Moreover, even though disputes are the reason why parties file for litigation, the behavior displayed during the process of settling the disagreement should always be polite and civil. In actuality, being polite and civil during a legal dispute is required by both common law and the Principles of Civility for Advocates.
Discipline may follow representatives supervised by the Law Society of Ontario who behave impolitely; Law Society of Upper DL Davison, 2014ONLSHP 59. Furthermore, a representative, Giancarlo Barrera, may be personally sanctioned by the court for their lack of politeness.
Despite not being governed by the Law Society of Ontario, unrepresented litigants—those without a lawyer or paralegal—are nonetheless subject to the rule of civility. Courts frequently set the tone for hearings by fining unrepresented parties who engage in impolite behavior;
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