Defendant’s lawyer

Today I will be defending the interests of my client, Mr. Lee. Mr. Lee has a small jewellery store and rents a space in a mall that belongs to Mr. Lefebvre. Mr. Lefebvre also has a lawyer and is suing Mr. Lee for unpaid rent over the last five months.

When Mr. Lee spoke with me for the first time, he had just been served Mr. Lefebvre’s statement of claim. This document outlined all the alleged facts, as well as Mr. Lefebvre’s arguments and the results he hoped for.

I asked Mr. Lee to explain the details of what happened. The facts are really important for lawyers. Some elements that might seem unimportant to the client are actually essential to a case. A client can tell her lawyer anything without hesitation because he is bound by professional secrecy (also called privilege). This is one of the most important obligations for a lawyer. That’s why you never talk about the details of a file on a cell phone!

Mr. Lee says that he refused to pay his rent because of a clause in his lease. This clause states that the tenant can refuse to pay the rent if the space presents a danger to the health of the occupants. After consulting an expert, he discovered that the air quality in his location isn’t up to the required standards. He started spending less time at his store, out of fear that he would become ill. He also told me that he received a notice of default from Mr. Lefebvre but didn’t reply. With this information, I was able to take the necessary steps to represent Mr. Lee.

Often, clients are worried and anxious when they come to see me. I understand. For them, it is often their first contact with the legal system, which may appear complex and intimidating. Not having sufficient knowledge or expertise themselves, clients rely on my judgment a great deal. It is my job to guide them and defend their interests as ably as I can. But be careful: this doesn’t mean making false promises. I always try to let my clients know exactly where they stand!

During a trial, my role as the defence lawyer consists of either contradicting the allegations of the plaintiff or highlighting the facts that could justify the behaviour of my client. This is a task that demands sustained concentration throughout the trial, from both the lawyer and the client. We must be able to respond to every element submitted into evidence by the plaintiff – this is often pretty exhausting. The lawyer must be attentive while the opposing lawyer questions witnesses. He must object to questions if he thinks it’s necessary. He also must cross-examine the other party’s witnesses, either to attack their credibility or to contradict their testimony, etc.

I really enjoy my work because of its varied nature. I can do research for my files, write various documents like settlements or proceedings, follow up on files, and argue in front of the court. I should say that the least pleasant aspect of my work is tackling all of the paperwork, which is often an inescapable part of being a lawyer.

I have realized over the years that along with the legal aspects of my profession, human relations are an integral part of my practice. This is why a lawyer must develop good listening skills – and not just be a good speaker! The lawyer must also establish and preserve a relationship of trust between himself and his client.

In closing, I am happy to have been able to tell you a bit more about my role because, very often, people know more about it through the many lawyer jokes that are out there than anything else. Even if I admit they are sometimes hilarious, they don’t always reflect reality!