I have a few friends that are currently studying for the Ontario Bar Exam (Good luck to all those writing!) and they reminded me of the professional responsibility section in their study materials.
The adversarial nature of litigation makes it essential for all litigators to be constantly reminded about these rules.
Lawyers must be zealous advocates for their clients however they must do so within the bounds of ethics and decorum. This needs to be done by advocating for their clients’ interests without resorting to tactics that are disrespectful, harassing, or prejudicial to the administration of justice.
Lawyers also have a duty of honesty and candor towards the court, their clients, and opposing parties. This entails presenting truthful evidence, making accurate legal arguments, and refraining from misleading or deceptive tactics that may compromise the integrity of the judicial process.
In law school I participated in many mock trials and negotiation competitions. There was once a participant in one of these competitions who made up a fact not included in the facts given to us. The mock competition was stopped, and the entire class was warned about how devastating making up information for the sake of winning can be to a case or a lawyer’s reputation.
Judges are people too and past behaviour matters. If a lawyer has a history of unethical or untruthful behaviour, it can harm the credibility and believability of their arguments.
I am proud to be part of this firm where we maintain a commitment to truthfulness, fairness, and ethical behavior while still achieving excellent results for our clients.
Ariel Dorfman, Associate Lawyer