Defendant's lawyer

In the movies we sometimes see the defence lawyer running into the courtroom, breathless, to tell the judge that he would like to call one last witness to the stand. Sure enough, the surprise witness always puts an end to the plaintiff’s suit. While my work is exciting, things don’t really happen quite like that!

It is often thought that I spend all of my time at the courthouse. In reality, less than half of my files actually ever reach the trial stage. My work is therefore a lot more varied and broader in scope than you might think. Everything often starts with a call from a client. He or she may have received a notice of default, a statement of claim, or might just be worried about a certain turn of events. I try to get as much information as possible about the file so that I have an accurate idea of the circumstances. I then discuss with my client the various steps that we should take to resolve the litigation to her satisfaction. Often, my clients will be under a lot of stress. I therefore try to answer all of their questions to try to reassure them and, at the very least, to inform them about what to expect.

My duty to advise sometimes puts me in very delicate situations. Last week, for example, one of my clients showed up at my office and was furious because he had just received a statement of claim. His company was being sued for improper performance in the construction of a house. His instructions were clear: he wanted war! I took the time to carefully study the file, and I came to the conclusion that his company was in fact responsible for the damages caused to the house. You can imagine that my client was not too pleased when I told him the results of my research. Despite my advice, he refused to negotiate an out-of-court settlement and directed me to contest any claim brought by the other party. Even if I am his legal advisor, I cannot make decisions in his place and I must follow his instructions.

As you may have determined, my work requires a lot of patience and hard work: I have to make sure that I understand the facts of a file well so that I am able to reflect on them, study the problem and then undertake the research needed to master every aspect of the case. As my client has to live with the consequences of the advice I give, I have to weigh all of the pros and cons carefully before giving it to her. I would say that the part of my job that most people don’t know about is all of the legal research I have to do. If there are contracts or any other documents that are pertinent to the case, I have to carefully review them. I then have to identify the legal questions at issue and figure out what laws or regulations apply to the file and how they have been interpreted by courts in similar cases in the past. I also read the texts of authors who have considered these questions. In short, research takes up a lot of my time.

As well, I have to ask my client to be patient. Of course, they usually want the dispute to be resolved quickly, but I have to help them understand that the various steps in the judicial process are necessary to allow us to get a handle on all of the evidence and arguments of the other party so that we can prepare an adequate defence. Time often cools tempers and it is not rare that the two parties come to an agreement that is mutually beneficial after a few months.

I am not only a lawyer for defendants – sometimes, I also act as a lawyer for plaintiffs. However, my role as a defence lawyer is particularly enjoyable for me as it presents an interesting challenge. As with chess, I have to wait for my adversary to make a move and then I try to figure out his strategy. I have to find the weak points in his case and prepare a reply on behalf of the defendant with the goal of demonstrating that he is not responsible for whatever is alleged against him. This requires a lot of ingenuity, and I must pay close attention to details, especially in the courtroom, to make sure that I catch everything that might be able to help my client’s case. This skill is what has made me an expert in cross-examinations! I have become a master of the art of making people talk and leading them to contradict themselves. I know the witnesses don’t appreciate it too much, but what can I do, it’s my job!

After all these years of practice, I am still passionate about what I do. I learn something new every day. When I represent an appliance salesperson, I learn how a fridge works. When I represent an artist’s manager, I get an insider’s look at the artistic community. I love the diversity that my work brings me. I help my clients with their litigation, I draft their business contracts, I advise them on the structure of their businesses, and I often know what is happening with their companies, whether I am the lawyer on the file or one of my colleagues is looking after a question because it’s outside my expertise. How can you not love a profession that offers such a variety of opportunities?