Defence lawyer

As the name indicates, it is my job to defend the interests of a person facing criminal charges. There is probably no experience more traumatizing for an individual than to have to go through all the steps of a criminal prosecution. Police investigation, arrest, appearance, trial – too often this process leads to feelings of self-doubt and powerlessness for the person who experiences it. It is at that time that I intervene to counsel and guide a person grappling with the justice system.

Often, and completely incorrectly, people believe that I spend a lot of time arguing sensational cases in which I successfully defend a person falsely accused of murder. This is supposedly done using surprise witnesses and arguments that make the members of the jury dissolve into tears. This perception can probably be explained by all the movies people see where defence lawyers have a starring role. The reality is usually less spectacular, but my role is also broader than what’s depicted by Hollywood; some aspects of my work are completely unknown to most of the public.

Generally, I come on the scene at an important and often stressful moment for an individual suspected of committing a criminal offence: the arrest. Any person arrested by the police must immediately be informed of the reasons for the arrest and of his right to contact a lawyer. “What do I do? What do I say? What will happen to me?” These are the questions that people ask themselves when taken to the police station. My role is to answer my client’s questions and also to try to reassure him. Usually, I inform him of his right to be silent and advise him about what to do later on. Since a police officer can arrest an individual at any time of day or night, you can contact me 24 hours a day. This sometimes makes for some very late nights…

During the trial, unlike the Crown prosecutor whose goal is not to win the case at any cost, my only objective is to get my client acquitted. I try to do this using all the legal means at my disposal.

People often ask me how I can defend someone properly if I doubt his innocence. I answer that it is not up to me but to the judge or jury to decide the guilt or innocence of an accused person. Besides, I like to believe in the great principles underlying our criminal law system, like the presumption of innocence and the right of each individual to make a full answer and defence, as well as the right to a fair trial. These grand principles outweigh my personal opinion.

Contrary to what some might believe, the majority of accused people whom I defend do not undergo a trial. In many cases, my work consists of negotiating with the Crown prosecutor to obtain the least severe sentence possible for my client, or to reduce the charges made against him in exchange for a guilty plea. Before beginning negotiations and making a deal with the prosecutor, I always have to consult with my client. My role is to defend his interests and, in the end, he always has the last word.

I hope that these few words have shown you the importance of my role as a defence lawyer, which really is to defend people’s individual rights.