Presented by

Dealing with Difficult PeopleThe Legal FoundationsPresented to CBA Legal Conference, August 15, 2014

Vivian E. Rachlis, Partner

Presented By:

Dealing with Difficult People• Clients

• Counsel

• Colleagues

• Add to the mix … judges and tribunals?

Vivian E. Rachlis, Partner

Presented By:

Lawyers and the business of “conflict”• Lawyers – especially litigators – are in the conflict business.

• Conflict often ≠ best behaviour.

Vivian E. Rachlis, Partner

Presented By:

Clients• http://www.nbclosangeles.com/news/local/LA-Clippers-Owne

r-Donald-Sterling-Expected-to-Continue-With-His-Testimony--266458431.html

Vivian E. Rachlis, Partner

Presented By:

Judges• http://www.clickorlando.com/news/brevard-judge-accused-of-

hitting-public-defender/26292300

• https://www.youtube.com/watch?v=Dk6y5n_1-Yo

Vivian E. Rachlis, Partner

Presented By:

Opposite counsel• https://www.youtube.com/watch?v=BGX4nMrnxg0

• https://www.youtube.com/watch?v=NFqYn3i_UQ0

Vivian E. Rachlis, Partner

Presented By:

Colleagues• https://www.youtube.com/watch?v=pE6OMYNyJmw

Vivian E. Rachlis, Partner

Presented By:

Colleagues“On the balance of probabilities, Mr. _____did say that:(a) Ms. ____ was a stupid lawyer;(b) “f___ off”; and(c) “you are so pathetic and unprofessional”.

These statements were made by a senior lawyer called to the bar in 1970, to a much younger lawyer who had started her practice some 34 years later. Mr. ____ had employed Ms. ____ and paid all of her earlier invoices … Mr. ___’s statements are not conduct expected of a senior member of the bar when dealing with a junior member of the bar and are not acceptable by a lawyer at any time.

Counsel for the Law Society helpfully provided us with a series of cases dealing with the application of Rule 6.03(5) of the Rules of Professional Conduct which reads as follows:

“A lawyer shall not in the course of a professional practice send correspondence or otherwise communicate to a client, another lawyer, or any other person in a manner that is abusive, offensive, or otherwise inconsistent with the proper tone of a professional communication from a lawyer.”http://www.canlii.org/en/on/onlst/doc/2009/2009onlshp85/2009onlshp85.pdf

Vivian E. Rachlis, Partner

Presented By:

Dealing with Difficult People: Legal Foundations

Vivian E. Rachlis, Partner

Presented By:

Toolkit: Ethical Foundations• http://www.lawsociety.mb.ca/lawyer-regulation/code-of-profes

sional-conduct/documents/english-version/chapter5.pdf

• http://www.lawsociety.mb.ca/lawyer-regulation/code-of-professional-conduct/documents/english-version/chapter7.pdf

• http://www.flsc.ca/en/a-profession-that-respects-rules-of-conduct/law-society-codes-of-conduct/

Vivian E. Rachlis, Partner

Presented By:

Toolkit: Ethical FoundationsThere is some debate currently on the topic of civility:

•Alice Wooley, “Does Civility Matter,” Osgoode Hall Law Journal, Volume 46, Number 1 (Spring 2008)•“Civility: A Cornerstone of Professionalism,” Ontario Lawyers Gazette (Winter 2008) http://www.lsuc.on.ca/media/olg_winter08_professionalism.pdf

Vivian E. Rachlis, Partner

Presented By:

Consequences• http://www.canlii.org/en/on/onlst/doc/

2012/2012onlshp94/2012onlshp94.html

• http://www.canlii.org/en/bc/lsbc/doc/2011/2011lsbc29/2011lsbc29.html?searchUrlHash=AAAAAQAJbGFhcmFra2VyAAAAAAE

Vivian E. Rachlis, Partner

Presented By:

Dealing with Difficult People: Practical Toolkit

• Next speaker …

• More discussion later.

Vivian E. Rachlis, Partner

| 2200 – 201 Portage Avenue | Winnipeg, Manitoba | www.tdslaw.com |

Vivian E. Rachlis

ver@tdslaw.com

(204) 934-2536

http://www.tdslaw.com/person/vivian-rachlis