Plaintiff’s lawyer

I am Mr. Lefebvre’s lawyer. I know my client well because I have been his lawyer for several years. He owns a shopping mall and rents space to several retailers. We are in court today because one of his tenants has refused to pay the rent for several months.

Unfortunately, in Mr. Lefebvre’s case the issue couldn’t be resolved any other way. When he first called to let me know about the situation, I suggested sending a notice of default to the tenant. Often, it is enough for a lawyer to take this first step for the parties to decide to negotiate and resolve their dispute. But weeks passed and, despite this attempt, the rent still hasn’t been paid.

In everyday life people who contact me are often highly emotional about their situations. Although this is understandable, it is not necessarily the best state of mind to be in when making decisions. The lawyer has the advantage of having the necessary distance to examine the file and interpret it objectively. I always explain the positive and negative points in my client’s case. Even if clients aren’t always happy to hear bad news, this helps them avoid many unpleasant surprises along the way.

As much as possible, I imagine every other course of action before beginning legal proceedings that could lead to a trial because trials are usually long and expensive for the client. And how! It might seem surprising, but lawyers usually try to avoid confrontation. I think a good lawyer has to know the law well, have a good ability to listen, be a good communicator and be highly discerning. She must also be able to put things into perspective and stay as objective as possible for the good of her client.

My profession is very stimulating and interesting. It is also varied and every lawyer can choose to specialize in the fields that interest her. Personally, I have always preferred litigation, which at once demands good negotiating, strategy and speaking skills. I also appreciate the lack of a regular routine in my profession, which results in large part from the fact that every file is different. This allows me to constantly improve my knowledge on a host of subjects like real estate, business or construction.

Being a lawyer isn’t always relaxing, though. No matter how many years of experience one has, we still get “butterflies” the night before a trial. I once even saw a lawyer faint during a hearing!

Today, I am acting as a plaintiff’s lawyer, but I sometimes act for the defence on certain files. I prefer to intervene for the plaintiff because I find this role is more proactive and I get to control the process more. It’s kind of like a chess match in which I get to make the first move. The role of the plaintiff’s side is more difficult during the trial, though, because it is the plaintiff that has the burden of proof – she must prove the facts that support the allegations. If the plaintiff doesn’t succeed, she loses her case.

So there, in general, is what my role as the lawyer for the plaintiff involves. People often imagine that the main role of the lawyer consists of making arguments in court. They sometimes forget that the lawyer is first and foremost a counselor. It is important for me to listen to the needs of my clients and to offer them the best possible advice. We must never forget that it is the client who, in the end, must live with the decision…this is why I don’t take my job lightly.