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Uncivil advocacy: An intensifying spotlight on incivility in advocacy cannot be ignored [online]


Dal Pont, G, Uncivil advocacy: An intensifying spotlight on incivility in advocacy cannot be ignored [online], Brief, 42, (5- June 2015) pp. 6. ISSN 0312-5831 (2015) [Professional, Non Refereed Article]

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Early in 2015 a Canadian court referred to an "increasing concern over the last number of years that the conduct of lawyers is becoming less and less civil - both inside and outside the courtroom".1 The court pondered the drivers for this 'increase in incivility' in the context of advocacy, including vis-a.-vis the opposing lawyer, client or witnesses, and also the Bench. One driver, it surmised, could be demands by clients who, completely unfamiliar with what actually constitutes effective advocacy, believe that an aggressive lawyer is an effective lawyer. Competition for legal work may prompt aggressive advocacy in the belief that clients desire an 'attack dog' . The court identified a second, related driver, namely the image of lawyers in television shows, and in other media, where actors portray lawyers in a fashion unrestrained by any need to represent reality and without concern for the reputation of the legal system.

Item Details

Item Type:Professional, Non Refereed Article
Keywords:Lawyers--Attitudes; Legal ethics; Lawyers--Discipline; Attorney and client
Research Division:Philosophy and Religious Studies
Research Group:Applied ethics
Research Field:Legal ethics
Objective Division:Culture and Society
Objective Group:Understanding past societies
Objective Field:Understanding past societies not elsewhere classified
UTAS Author:Dal Pont, G (Professor Gino Dal Pont)
ID Code:105708
Year Published:2015
Deposited By:Faculty of Law
Deposited On:2016-01-13
Last Modified:2016-01-13
Downloads:1 View Download Statistics

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