Home > Côtécour > Superior Court - Civil Matters > Illustrated Courtroom

Superior Court - Civil Matters

Plaintiff's lawyer
Judicial characters and concepts
Judge Court usher Court clerk Witness Public Recording Defendant Plaintiff's lawyer Defendant's lawyer

Plaintiff's lawyer

My client chose me to represent him in court. So here we are, working together to convince the judge that he was wronged. My client’s interests are of paramount importance to me, and I will represent him to the best of my abilities for the duration of the mandate he has given me.

My work starts when the plaintiff comes to see me at my office to tell me his story. He might tell me that someone caused him damages, owes him money, or is failing to respect an agreement. I then have to offer my legal opinion, as he is counting on me to know his rights, recourses, and his case’s chance of success. Offering advice can be tricky, as the issues involved are rarely black and white. I often have to explain to my clients that the law is far from being an exact science!

Before advising my client to begin legal proceedings that will be costly and time-consuming, I make sure that I have exhausted all possibilities of settling out-of-court. I start by sending a notice of default to the other party. This letter sets out my client’s claims and states that if the recipient does not take certain steps within the given time-frame, legal proceedings will be instituted. I always hope that this convinces the other party that my client is serious and determined to go forward with his claim.

At all times, I have to make sure that legal proceedings are the best solution for my client. If this is not the case, it is my duty to inform him that he isn’t in the right, regardless of what he may think. However, if a trial seems to be the only option and my client gives me his consent, I draft a statement of claim. This is a very important task, as the statement of claim presents the facts, reasons and arguments that I will eventually submit to the judge.

If the parties do not reach an out-of court agreement, the last step of my work takes place on the day of the trial. People often think that appearing in court represents the major part of my work, but it is actually only the tip of the iceberg. Trials are in fact the result of hours of research, interrogations and reflection, all undertaken in an attempt to fully understand the case. When I enter the courtroom, I know the file inside and out. Once the trial is under way, I have to pay close attention at every stage to ensure that I don’t miss a thing. I take note of as many details as I can in order to adapt my closing arguments to what is said during the trial.

Many people seem to think (perhaps due to TV shows and movies) that the closing argument is a verbal sparring match that entirely determines the outcome of the trial. Well, this is what I have to say about that. On the one hand, it is right to believe that our judicial system is adversarial and that, theoretically, the clash of ideas is supposed to allow the truth to emerge and justice to triumph. We can all agree that the system is far from perfect, but it is aimed at minimizing the number of judicial errors. On the other hand, it is false to think that the outcome of the trial depends entirely on the oratory skills of the lawyers. The judge renders a decision based not only on their performance but on the law applicable to the case at hand.

These few lines summarize my role as attorney for the plaintiff. The thing that I appreciate the most about my work is that it is not monotonous. Every case is different and brings me its share of surprises and new challenges. It is important for me to meet these challenges with integrity.
© Éducaloi  |  Web Design = Egzakt