It seems that every generation of lawyers has it’s own example of poor behavior and poor decorum by a lawyer or a judge.
When I was coming up as a young lawyer, a Toronto lawyer was famous for pouring a cup of coffee over the notes of the opposing lawyer. A judge, who I was in front of on many occasions, apparently once threw a book at a lawyer in open court.
It looks like this generation of lawyers has found their bad behavior hero. A Nova Scotia lawyer has demonstrated perfectly what should not be done by a lawyer in open court. While in open court, this lawyer who was involved in a dispute with his previous colleagues, poured water on two of the opposing lawyers. And then when he moved to towards these lawyers had to be restrained by four deputy sheriffs. It turned into bedlam. The lawyer was charged with assaulting the deputy sheriffs.
The Law Society of Nova Scotia has suspended the lawyer indefinitely. He had been practicing law for twenty years and for the time being he is not allowed to practice as a lawyer.
Being courteous to other lawyers, to judges, to clients and everyone in the justice system should be what every lawyer not only aspires to be but what every lawyer should do.
Opposing lawyers and the judges presiding need to use their intellect to do battle. This type of intellectual confrontation in our adversarial system does wonders for refining arguments and ideas.
Without that countervailing intellectual force we just don’t get the same tightness and quality of argument and resultant judicial decisions that make for good law. Lawyers should not be using their fists to make their points. Might does not make right. If a lawyer needs to use their fists to make a point then they have already lost.