For the Public

Common Concerns

Lawyer's Conduct in Court

 

When acting as an advocate, the lawyer must treat the tribunal with courtesy and respect and must represent the client resolutely, honourably and within the limits of the law. In carrying out their duties, lawyers should at all times be honest, courteous and civil to the court and to those engaged on the other side. If a lawyer fails to do so, and there is evidence of a consistent pattern or rude, provocative or disruptive conduct by the lawyer, even though unpunished as legal contempt of court, such behaviour might merit disciplinary action.

The lawyer's duty to the client to "raise fearlessly every issue, advance every argument, and ask every question, however distasteful, that the lawyer thinks will help the client's case" and to endeavour "to obtain for the client the benefit of every remedy and defence authorized by law" must always be discharged by fair and honourable means, without illegality and in a manner consistent with the lawyer's duty to treat the court with candour, fairness, courtesy and respect.  Please see Rule 4.01 of the Code of Professional Conduct for more information.