In the realm of family law practice in Ontario, an unsettling trend has emerged – a very concerning level of incivility among family law lawyers.
The erosion of civility is not only palpable within courtrooms, but also echoes through the work done by family law lawyers in cases that are not in court.
As family law lawyers grapple with the complexities of a volatile field of law that is highly charged with emotions, many lawyers have been swept up in a vortex of acrimony felt by their clients.
After COVID, the reliance on email communications, teleconferences, Zoom hearings – and especially the anonymity that such interactions have generated – have created a zone for increased incivility.
The cover provided by digital communication have further fuelled this fire, making it imperative for legal professionals to reflect on their conduct, both in and out of the courtroom.
To aggravate this already tense situation are economic uncertainties, political and racial unrest, climate changes, and a divided nation.
Divorcing spouses are moreso asking lawyers to be their soldiers in a war with their ex-spouses.
The collection of these pressures have, unfortunately, seeped into the professional interactions among lawyers and have brought out the worst behaviour, not only in the litigants, but in the lawyers that represent them.
Gone are the days that lawyers socialized in the courtroom hallways, sharing a coffee, exchanging war stories and offering support to each other – in person.
But does the new normal in family law require lawyers to be adversarial?
There is an urgent need for a paradigm shift in how lawyers approach family law, emphasizing the crucial principle that “we shall do no harm”.
In response to this alarming surge in incivility, a crucial responsibility falls upon senior lawyers to guide and educate their junior counterparts. The privilege of practicing family law should be underscored as a noble opportunity to guide families through the delicate process of divorce, with empathy and respect. The mantra of “we shall do no harm” must become a guiding principle, reminding practitioners that their role extends beyond legal advocacy to fostering peaceful resolutions for families in crisis.
Maintaining civility does not negate the zealous representation of clients, but rather emphasizes the importance of effective communication and respectful engagement. Senior lawyers, as pillars of experience, should impart this ethos to junior lawyers, emphasizing that a successful family law practice is not solely measured by victories in court, but by the positive impact on the lives of those undergoing the challenging process of divorce.
Furthermore, the legal community must recognize the interconnectedness of family law with mental health. The emotional toll on clients during divorce proceedings necessitates a holistic approach that prioritizes well-being over aggressive litigation. Senior lawyers can play a pivotal role in reshaping the narrative surrounding family law, emphasizing the potential for healing and resolution rather than perpetuating conflict.
In conclusion, the surge in incivility within Ontario’s family law practice demands a collective introspection and commitment to change. Senior lawyers must champion a culture of civility, reminding their junior counterparts that the privilege of practicing family law comes with a profound responsibility to do no harm. By fostering an environment focused on peaceful resolutions, the legal community can contribute to the well-being of families navigating the challenging terrain of divorce.
Steve Benmor, B.Sc., LL.B., LL.M. (Family Law), C.S., is the founder and principal lawyer of Benmor Family Law Group, a boutique matrimonial law firm in downtown Toronto. He is a Certified Specialist in Family Law and was admitted as a Fellow to the prestigious International Academy of Family Lawyers. Steve is regularly retained as a Divorce Mediator, Arbitrator and Parenting Coordinator. As a Divorce Mediator, Steve uses his 30 years of in-depth knowledge of family law, court-room experience and expert problem-solving skills in Divorce Mediation to help spouses reach fair, fast and cooperative divorce settlements without the financial losses, emotional costs and lengthy delays from divorce court. You can find his CV at https://benmor.com/wp-content/uploads/2023/12/Steve_CV_Nov23.pdf. He can be reached at steve@benmor.com
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