Workshop B — Ethical Best Practices for Conducting Hearings In-Person and on Virtual Platforms

Oct 25, 2022 1:15pm – 4:45pm

Leslie A. Walden
Professor
University of Ottawa

Juliet L. C. Knapton
Advocate-in-Residence and Professor, University of Ottawa
Faculty of Common Law

Kathryn Manning
Counsel
DMG Advocates LLP
Co-Chair
E-Hearings Task Force

This session will include live anonymous polling, small-group discussions, and hypothetical scenarios. This session is offered in-person only.

  • Gauging the criteria for holding a hearing in-person versus on a virtual platform
  • Deciphering whether the imposed duty of competence on lawyers is being upheld when it comes to technological competency and ensuring the client is well represented
  • How behaving with courtesy and good faith takes on new meaning in a virtual court
  • Communicating with clients without interfere in the proceedings
  • Deciphering your legal duty to assist a self-represented litigant without becoming an advocate
    • How to not take advantage of a self-represented litigant’s lack of knowledge regarding practice and procedure
    • Deciding when it is appropriate to offer assistance (including technical assistance) to a self-represented litigant
    • Delineating what kind of assistance will not prejudice or conflict with your client obligations
    • Scrutinizing the potential for self-represented litigants to be “left behind” during a remote hearing, how this can happen and what steps can be taking to it doesn’t happen
  • Reaffirming best practices for etiquette from appropriate attire to technical courtesy