Does Civility Matter?
Osgoode Hall Law Journal, Vol. 46, p. 175, 2008
14 Pages Posted: 4 Sep 2009 Last revised: 12 Jun 2010
Date Written: September 1, 2009
Abstract
Recent discussion of legal ethics in Canada has focused on the importance of “civility” as a fundamental value and goal of ethical conduct. This comment questions that focus. After defining the content of “civility” and reviewing its treatment in these initiatives by both the law societies and the courts, the author suggests that the emphasis on civility is misplaced. Focusing on civility has the undesirable tendency to impede lawyer reporting of misconduct by other lawyers and potentially undermines the effective representation of client interests. It also shifts emphasis away from the ethical values that should be the focus of our attention, namely loyalty to clients and ensuring the proper functioning of the justice system.
Keywords: Civility, ethics, professionalism
Suggested Citation: Suggested Citation