Defense Lawyer

I defend the accused. The role of a Court of Québec defence lawyer is nothing like what you see in American movies. It is not enough just to talk loud and be theatrical. Judges have seen it all and they prefer to rely on the evidence presented, instead of fiery speeches.

People often have the impression that every accused person I defend is guilty and that I am just there to help them construct a series of lies to get off. This is absolutely not the case. The legal system is based on a multitude of complex and important rules, each of which has a purpose. It is almost impossible for a person, left alone in this labyrinth, to find his way. My role is to ensure that my clients are informed about the rules of the game. As needed, I help make sure that the police, the prosecution, and the court all respect their rights. Without a lawyer, an accused person runs the risk of being wrongly convicted.

What’s more, even if many of my clients really did commit the crimes alleged against them, they still all have rights. Boiled down, I am like a shield or a wall protecting my clients, and people in general, against possible abuses of the legal system.

Come with me today and see what a typical day is like for a defence lawyer. Then you’ll understand…

8:30 am: I have a meeting at the office with Marcel, a client accused of assault and uttering death threats against his spouse. Marcel admits to having serious alcohol problems, which make him violent on occasion. He says he wants to start therapy for this problem. He admits to having “pushed” his spouse on the night of the alleged offence during a heated argument between them, but he denies threatening her with death. In her written statement, which she gave to the police the night of the incident, the victim is not clear on the question of the threats.

9:00 am: Upon my arrival at the courthouse, I go to the Crown prosecutors’ office, where the lawyers who take care of criminal prosecutions work, and ask to speak with the prosecutor in charge of Marcel’s file.

I tell the prosecutor about the discussion that I had with Marcel. We finally come to a compromise. The charges of uttering threats will be withdrawn – the prosecutor recognizes the victim’s uncertainty on that point in her statement. Finally, we agree that Marcel must plead guilty to assault and we will suggest to the judge a fine of $400 for the offence. On top of that, Marcel must undergo therapy for his alcohol problem.

9:22 am: I speak with Marcel about the settlement proposed by the Crown prosecutor. He’s the client and it’s up to him, not me, to decide whether to accept it or not! After asking me a few questions and weighing the pros and cons, Marcel follows my advice. He decides to accept the agreement and plead guilty.

9:30 am: In the courtroom, Marcel pleads guilty and I explain the agreement I made with the prosecutor to the judge. After giving it some thought, the judge finds our sentencing suggestion reasonable and accepts it. After finding Marcel guilty and imposing the sentence agreed upon, he wishes Marcel good luck.

10:30 am: I go to another courtroom where Paul, accused of impaired driving, is having his trial. Paul has a good defence: the night of the alleged infraction, he went to a party where he drank three beers. Five minutes before leaving the party in his car, one of his friends made him drink three “shooters” in a row. Paul was stopped by the police just a block away. Obviously, he had alcohol on his breath, but since the it hadn’t been in his system long enough to have been digested, he was not yet impaired by it. The police officers still arrested him and, an hour later at the police station, his blood alcohol level had increased and went over the legal limit. The result was that Paul failed the breathalyser test. At the trial, thanks to Paul’s testimony and with the help of an expert report, it was possible to show the truth about Paul’s state at the moment that he was driving. After hearing all the witnesses and the arguments, the judge acquitted Paul.

4:00 pm: After receiving Paul’s thanks, I leave for my office to prepare for tomorrow, which also promises to be busy. Indeed, just as I arrive, my secretary hands me a pile of telephone messages. I also have several letters to write and a few new judgments to read. Excuse me – I have a ton of work to do, and I have to get to it. Good bye.