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Vivian E. Rachlis, Partner

Dealing with Difficult People The Legal Foundations Presented to CBA Legal Conference, August 15, 2014. Vivian E. Rachlis, Partner. Dealing with Difficult People. Clients Counsel Colleagues Add to the mix … judges and tribunals?. Vivian E. Rachlis, Partner.

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Vivian E. Rachlis, Partner

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  1. Dealing with Difficult PeopleThe Legal FoundationsPresented to CBA Legal Conference, August 15, 2014 Vivian E. Rachlis, Partner

  2. Dealing with Difficult People • Clients • Counsel • Colleagues • Add to the mix … judges and tribunals? Vivian E. Rachlis, Partner

  3. Lawyers and the business of “conflict” • Lawyers – especially litigators – are in the conflict business. • Conflict often ≠ best behaviour. Vivian E. Rachlis, Partner

  4. Clients • http://www.nbclosangeles.com/news/local/LA-Clippers-Owner-Donald-Sterling-Expected-to-Continue-With-His-Testimony--266458431.html Vivian E. Rachlis, Partner

  5. 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

  6. Opposite counsel • https://www.youtube.com/watch?v=BGX4nMrnxg0 • https://www.youtube.com/watch?v=NFqYn3i_UQ0 Vivian E. Rachlis, Partner

  7. Colleagues • https://www.youtube.com/watch?v=pE6OMYNyJmw Vivian E. Rachlis, Partner

  8. 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

  9. Dealing with Difficult People: Legal Foundations Vivian E. Rachlis, Partner

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

  11. Toolkit: Ethical Foundations There 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

  12. 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

  13. Dealing with Difficult People: Practical Toolkit • Next speaker … • More discussion later. Vivian E. Rachlis, Partner

  14. Vivian E. Rachlis ver@tdslaw.com (204) 934-2536 http://www.tdslaw.com/person/vivian-rachlis

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