TLA addresses professionalism and civility in the legal profession

By Tony Poland, LegalMatters Staff • Concerned about a decline in civility and professionalism within the legal profession, the Toronto Lawyers’ Association (TLA) has released a comprehensive report examining “the palpable change in the way lawyers engaged with each other” to open dialogue and find answers to the problem.

The Report on Civility and Professionalism is a months-long effort to improve the collective experience of members, current and future, of the bench and bar, says TLA president Aitan Lerner.

“I see lawyers as a microcosm of society as a whole and it is our duty to lead by way of example. Unfortunately, we have been experiencing a precipitous decline in civil discourse within our profession,” he tells LegalMattersCanada.ca. “It was an issue we could no longer ignore. The TLA is never afraid to stand up and do what needs to be done.

“A great deal of time and energy went into creating this task force and this report,” Lerner adds. “It was a total team effort from our committee members and TLA staff. We would like to see this become a topic of discussion so more people realize this is a problem that needs to be tackled.”

Fallout of the pandemic

Earlier this year, the TLA Membership Committee began addressing a recurring theme that the legal profession was experiencing a decline in civility and professionalism in the fallout of the pandemic. The TLA engaged members and the broader legal community in a review of the status of the profession. The study included:

• an expansive literature review; 
• a comprehensive survey sent to TLA members and available for response by the broader Toronto legal community
• a parallel survey sent to members of the Federation of Ontario Law Associations, for data on the state of civility and professionalism across the Ontario legal community; and
• facilitated discussions with members of the profession, including a broader session with lawyers on Sept. 21, 2023, and a separate session with the judiciary on Oct. 3, 2023, both held at the TLA Offices.

Multiple reasons for a decline in civility were offered, including:

• the lack of in-person engagement and opportunities to connect face-to-face within the profession;
• the apparent lack of mentorship and training; and
• mental health issues in the profession. 

Lerner says he entered the legal profession because he loves the law. 

“And I stayed in the legal profession because I love the law but, sadly, it is not the same practising today as it was when I first started or even 10 years ago for that matter,” he says. “It is true that lawyers work in an adversarial system. However, being adversarial and being professional are not mutually exclusive.

‘We seem to be getting away from that’

“I could go into a courtroom and argue very passionately on my client’s behalf and explain why the opposing side’s position does not hold up in law,” Lerner adds. “There is nothing wrong with doing that as long as I am professional and civil about it. That is why we refer to opposing counsel as friends. But we seem to be getting away from that.”

The report notes that civility and professionalism are core tenets of the legal profession. However, this year, based on feedback received by members of the Bar, the TLA noted that it has become increasingly evident there has been a decline in these essential traits. 

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As part of the project, the TLA engaged “in an expansive literature review, comprehensive survey of members and the broader profession, facilitated discussions with members of the profession, including lawyers, mental health professionals, regulatory representatives, and members of the judiciary.” 

“The association agreed that this was an important issue. It is a topic that needed to be examined and that we would, and as with everything else, be at the forefront and push to advance this as hard and as far as we could,” Lerner says. “In recent years there have been efforts within the profession to ensure equity, diversity and inclusion and this speaks directly to that. A lack of professionalism and civility is a danger because it causes inequality and can lead to lack of diversity in terms of not being able to have civil discourse and act professional with one another.”

Reflection of societal change

He says he believes what is occurring in the legal profession is a reflection of a societal change.

“We seem to have witnessed a drastic shift in etiquette in such a short period and I scratch my head and wonder what are the root causes of this,” Lerner explains. “Is it the stress of the high cost of living? Is it the stress of not being able to find affordable housing? What is the reason for the attitudinal change?”

The TLA began its study by examining the Law Society of Ontario (LSO)’s Rules of Professional Conduct.

“A lawyer is somebody who has an ethical duty and obligation to the legal profession and to the broader system of the administration of justice. If those who are serving the administration of justice are not being professional and civil, then what does that mean for the rest of the world?” says Lerner. “The law society has to step up to the plate to enforce these rules more strictly.

“I understand they don’t necessarily want to get into a ‘he said, she said’ situation but in instances where there is irrefutable evidence of somebody being unprofessional or uncivil conduct, that person should be sanctioned. The fact that there aren’t sanctions being handed down for this conduct is a little worrisome.”

Lerner says training and mentorship could be one way to address the problem. 

‘Mentorship is invaluable’

“If I did something foolish as a young litigator, a  senior lawyer would call me over to set me straight,” he says. “I was always happy about accepting any constructive criticism. I was fortunate that I had good mentors. Mentorship is invaluable and one of the issues that I wanted to tackle as a president.”

The association’s report is just the first step in addressing the decline in professionalism and civility, Lerner says.

“It is a problem we are going to have to address through many different mediums, through many different initiatives, with the help of all stakeholders,” he says. “This is not just TLA, this is an initiative that is being targeted to the entire province and we are hoping that our initiative will blossom. 

“We are going to continue the discussion and we are going to continue using our wonderful brain trust to push this and try and come up with solutions,” Lerner adds. “If somebody has some great ideas, let them run with it. We welcome any and all input from all stakeholders and any initiatives that people think may help tackle this problem.”

To download the full report, click here.