Canadian Lawyer

EXCLUSIVELY ON EDITOR'S DESK BY GAIL J. COHEN Be the better person maybe it was in a letter or a series of letters, or it's just been during a short phone call. And it seems it doesn't matter what area of law you practice — civil litigation, corporate-commercial, real estate, family, criminal, immigration law, etc. — there's always a bad egg out there somewhere. And it's such a scourge on the profession that law societies, bar associations, and legal academics have tried to tackle the "prob- lem." But the "problem" really is that rudeness can't be cured or legislated. "You can't change an a-hole," one distinguished member of the bar recently noted at a panel I attended on civility. While lodging a complaint with the law society against such individuals is an I option, the best way to deal with it, according to the above noted panel, is to be the better person. "Don't be civil because it's the honourable thing to do, but because it's strategic." Too true. The best course is not to engage in a back and forth, be reason- able, be prepared for objections that may come up, and don't lose your cool. Ontario Superior Court Justice Susan Healey, who presides in Barrie, Ont., noted that as a judge she sees a tremendous number of lawyers going through the courts, and offered up some invaluable tips on combating incivility and making yourself look good in the process. I will share them because they were good, especially the first one. • If you're in court with an a-hole, don't point it out to the judge. The judge can pretty much see it for herself. • Behave well. The more professionalism and integrity you show, the greater the contrast with the other lawyer. • Surprise attacks are a bad idea. • Don't be dragged down by the combative attitude of the other side. • Don't interrupt the judge. • Don't talk among yourselves and disregard the judge, you know, who is running the courtroom. While her tips above apply to litigators, here are some words of wisdom from Healey that every lawyer should live by: "Arrogance and swagger are not a show of competence." So, as the famous sportswear manufacturer says, "just do it." Behave well and stay above the fray and both you and your client (not to mention the profession) will benefit. Group Publisher: Karen Lorimer Editorial Director: Gail J. Cohen gail.cohen@thomsonreuters.com Staff Writer: Michael McKiernan michael.mckiernan@thomsonreuters.com Copy Editor: Katia Caporiccio Art Director: Bill Hunter Account Co-ordinator: Catherine Giles catherine.giles@thomsonreuters.com Contributors: Jean Sorensen, donalee Moulton, Kathryn Leger, Geoff Ellwand, Kendyl Sebesta, Jennifer Brown Canadian Lawyer is published 11 times a year by Thomson Reuters Canada Ltd., One Corporate Plaza, 2075 Kennedy Rd., Toronto ON. M1T 3V4 (416) 298-5141. Fax : (416) 649-7870 All rights reserved. Contents may not be reprinted without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Canadian Lawyer disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Advertising Sales Representatives Legal Suppliers: Kimberlee Pascoe Tel: (416) 649-8875 E-mail: kimberlee.pascoe@thomsonreuters.com Law Firms: Karen Lorimer Tel: (416) 649-9411 E-mail: karen.lorimer@thomsonreuters.com Quebec Law Firms: Linda Nadon Tel: (450) 224-0055 E-mail: lnadon@universusmediagroup.com Sales Co-ordinator: Sandy Shutt Tel: (416) 649-8864 E-mail: sandra.shutt@thomsonreuters.com Canadian Lawyer Magazine Thomson Reuters Canada Ltd. One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON. M1T 3V4 Tel: (416) 298-5141 Fax: (416) 649-7870 E-mail: clb.cleditor@thomsonreuters.com Web: www.canadianlawyermag.com Indexed in the Canadian Periodical Index Publications Mail Agreement #40766500 ISSN 0703-2129 Copyright © 2012 HST Registration #R121349799 RETURN UNDELIVERABLE CANADIAN ADDRESS TO: CIRCULATION DEPARTMENT ONE CORPORATE PLAZA 2075 KENNEDY RD., TORONTO, ON. M1T 3V4 RETOURNER TOUTE CORRESPONDANCE NE POUVANT ÊTRE LIVRÉE AU CANADA AU SERVICE DES PUBLICATIONS ONE CORPORATE PLAZA, 2075 KENNEDY RD., TORONTO, ON. M1T 3V4 Circulation/Address Changes/Subscriptions Ellen Alstein Tel: (416) 649-9926 Fax: (416) 649-7870 E-mail: ellen.alstein@thomsonreuters.com Subscription rates: Canada1 year print and digital $75 plus HST, 1 year digital only $55. Outside Canada 1 year print & digital $95, 1 year digital only $55. Student rate 1 year print and digital $38 plus HST, 1 year digital only $20 plus HST. For all circulation inquiries and address changes send a copy of your mailing label or labels along with your request in writing to Canadian Lawyer , One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON. M1T 3V4 'm going to put this out there as a universal truth in the legal profession: at one point, everyone's been on the other side of the table to another lawyer who's not been civil. Perhaps it's been in the courtroom, perhaps just in the hallway, or CANADIAN Lawye rmag.com Th e Accidental Mentor Lee Akazaki's new column off ers mentorship advice for young lawyers. March 12 Human Rights . . . Here & Th ere University of Ottawa law school's Sonya Nigam's column on human rights and international law. March 12 Trials & Tribulations Margaret Waddell ruminates on issues of import and interest to litigators. March 12 Law Library Reviews of books — and more — of a legal nature from Damian Penny. March 19 Defi nitely Mabey Stephen Mabey examines the thorny issues facing law fi rm management. March 19 Th e IT Girl Sarah Dale-Harris takes a wry look at the intersection of technology and the law. March 19 Trial by Fire First-year associate Lindsay Scott shares the ups and downs of learning on the job. March 19 Class Acts Kirk Baert's new column takes a critical look at class action litigation in this country. March 26 Th e Immigration Line Jennifer Nees lets us know what's on the minds of the immigration bar. March 26 Managing Partner Forum In the third of this year's special series, Bull Housser & Tupper LLP's Simon Margolis off ers tips on innovative ways to deal with clients. March 26 Making Rain Executive coach Debra Forman's video column on career and business development. March 26 www.CANADIAN Lawyermag.com M A RCH 2012 3

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