In China Yantai Friction Co. Ltd. v Novalex Inc., 2024 ONSC 608 (CanLII), C. Chang.J, made some trenchant observations about the conduct of one of the advocates in the case.
"It has long been a tradition and requirement of etiquette in our courts that counsel refer to their counterpart as their “fr...
The Courtesy can seem rather exaggerated after listening to 4 hours of submissions but it serves good purpose. Judges are no fools, often the leading practitioners of their day, and you can count on a fair judgement.
I couldn’t agree more.
Over 30 years of being an barrister here and an “advocate” in the USA, I have increasingly noticed the lack of courtesy in the US courts creeping over here….. something that is most regrettable.
When I have US clients, it is not uncommon to have a discussion after day 1 about me “not being rude enough to opposing counsel”….and I have to explain the real meaning of “with respect, with due respect and with all due respect and the other time-honoured phrases that are used in “professional advocacy” .
This makes for a much more relaxed client on subsequent days as they realise that the more polite I am to an opponent, the more I am giving them “all of the due respect” that they deserve.