A lawyer’s duty to the court

A lawyer’s duty to the court

With all that is going on in the world that is negative, I’m feeling a bit worn down. One of my pick-me-ups is Random Acts, a hidden camera reality TV show where an undercover team of people surprise deserving individuals, ranging from small gestures of kindness to big dream fulfillment. It reminds me of the positive difference just a little bit of effort can make. Case in point, reported here, a recent video of Canadian commuters thanking their bus driver has gone viral, hopefully inspiring others.

Extending this courteous and kind attitude to the workplace, and specifically to our work in estate litigation and our duties to the court, similarities emerge. There are three key duties, reviewed in detail in Robert Bell and Caroline Abela’s paper A Lawyer’s Duty to the Court:

1. to use tactics that are legal, honest and respectful of courts and tribunals

2. to act with integrity and professionalism, maintaining the overarching responsibility to ensure civil conduct

3. to educate clients about the court processes in the interest of promoting public confidence in the administration of justice  

These authors remind us of the various reasons why our duty to the court matters, including because (i) it relates to a lawyer’s status as a professional to serve, not only the client, but also the public interest, (ii) it helps define the limits of zealous representation to avoid ethical breaches, and (iii) there are consequences for lawyers who do not uphold their duty, such as contempt of court, cost awards, Law Society discipline etc.

Being held to these high standards as lawyers encourages me to be more considerate and respectful, professionally and beyond.  Society at large supports the same. Here are some dates to remember – World Kindness Day (November 13, 2022), National Random Acts of Kindness Day (February 17, 2023), and, further to the Kindness Week Act, S.C. 2021, c. 9, the third week of February is “Kindness Week”.

Thanks for reading and have a great day,

Natalia Angelini

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