Everyone loves a good courtroom and fight drama, especially in Hollywood. The stories of the courtroom miracles of defense attorneys, from Atticus Finch in To Kill a Mockingbird to Perry Mason and Matlock, make for compelling movies and TV series.
But the courtroom work that delivers on-screen drama is just the tip of the iceberg of a defense attorney’s job. For every hour we defend in court, we spend countless hours preparing trial summaries and, even more, doing social work.
This kind of important work often goes unnoticed and is almost always underrated. Defense attorneys Mississauga are one of the only players in the financially unsecured justice system – there is no retirement in defense work. And the free labor of defense attorneys is often seen as the lubricant that keeps the wheel of justice spinning.
It is a sad fact that across Canada (and around the world), it is increasingly difficult for us to provide our services.
Ontario has cut funding for legal aid, and the situation is even worse in other jurisdictions. Alberta, Quebec, England, and Wales all force lawyers to act professionally due to a lack of government commitment, adequate compensation, and fair working conditions.
This week, I had a rare out-of-court day. I plan to spend the day preparing for the next day’s trial. But, as always, the universe had other plans.
SO, TAKE A LOOK BEHIND THE CURTAIN TO SEE WHAT A TYPICAL ONE-DAY TRIAL PREP FILE LOOKS LIKE FOR A CRIMINAL DEFENSE ATTORNEY
2:00-2:20:
Woke up to a call from the police station — a young local customer had been arrested on a new charge. Get legal advice and try to reassure a scared child.
6 AUGUST 3:30
Wake up, check email, clean the dishwasher, make school lunch x 3, drink coffee, sort emails, slide the New York Times Spelling Bee, and go to work.
8 SEPTEMBER 3:00
Go to the office and drive a lawyer to the trial of a professional-client who was assaulted by the police, then charged with assaulting a police officer (charges will be reduced).
9:00-9:05
Email Crown Counsel to discuss their views on customers at midnight. Will they consider a release?
9 SEPTEMBER 5TH 25:
Attend a pre-trial conference to get permission to hold a trial for a legal aid client. This occurrence is the second JPT, so it’s not paid, but a round is needed to pass.
9 SEPTEMBER 2:35
Complete the trial setup form and email the trial coordinator. This unpaid bureaucratic step must be completed before I can schedule a trial setup meeting to set a date to try. Of course, I’ll officially fix it the next time the case goes to court.
9:35-10:00:
Answer the email and call back.
10:00-10:30:
Receive emails from Crown. They won’t agree to release
2:12
00 pm guests do not need to deposit the hostel. Run to the court to meet the client in the cell to devise a bail plan. There are no housing bonds available, so I have work to do.
10:30-11:30:
Call several organizations for general information about
2:12:00 A.M
The client, speaking with Aboriginal and youth workers, arranges an interview with the John Howard Association’s bail program and begins to arrange a treatment plan for clients to facilitate their release. Will need to fix a bail hearing.
11 DECEMBER 30:30
Talk to a hospital rights counselor about a homeless patient who wants to challenge their involuntary admission. Call and talk to clients, offer them legal options, and assure them that I will find a way to help them. Then, email the rights advisor and the hospital, and leave a message for the patient’s family.
12:30-13:00:
Accept that I skipped lunch. Instead, grab a coffee and try reading the last 30 pages of the sci-fi novel I’ve been trying to finish in a month.
13:00-13:45:
Talk to a young client in custody. Call Crown to set a trial date. Email the missing disclosure request. And then talk to the client’s parents, who are worried about their child.
13:45-14:30:
I was hoping you could respond to all emails and calls I have ignored in the last 3 hours.
14:45-15:00:
Called my company’s email server because the email was down. Messaging fixed.
15:00-15:01:
Open my trial file to prepare the final steps for tomorrow’s trial.
15:15-01:10:
Received a collection call from a client in custody who needed reassurance about his case and wanted to talk about bail. 15:
10-15:11
Open my trial file to prepare the final steps for tomorrow’s trial.
15:11/15:15:
Received a collection call from a client in custody who wanted me to call his family to let him know he was fine.
15:15-15:16:
Open my test workbook for final preparation for testing.
15:16-15:20:
Accept a collection call from an incarcerated client having trouble getting appropriate medication from prison. Email the prison for an answer.
15:20-16:00:
Unplug my phone to make one final preparation for tomorrow’s trial. Gradually realized that I was in the final preparations late in the evening.
16:00 -17:00:
Received an email from my trial Crown. There are a few things that could be improved. First, call my trial attorney to explore solutions and open negotiations. The case will be settled in the client’s favor, a great outcome that saves time in court and significantly reduces my legal aid bill. Now I can use my late-night preparation to work on another file. I’m lucky.
17:00-18:00:
Do some legal support bills and other paperwork so I can keep the office lights on and pay my employees.
18:00-21:00:
Make dinner at home (with my wonderful wife), read to all the kids who want to be read to, get up, and have a beer.
21:00-21:20:
Answer the call from the police station, give legal advice, call the defendant’s family to find out the release plan, and write a note to follow up tomorrow.
21:20-23:00:
Review the revelation of an upcoming murder case
23:00-6:30:
Sleep
I began arranging treatment and counseling for a vulnerable Aboriginal client, discouraging a hospital patient from getting emotional, and helping a young man’s family navigate the justice system. I received 73 emails, sent 39 emails, and spoke to 10 clients, many crowns, and terrified family members. I settled a good case for a client, which saved time for the court and saved me money. Most of my work is unpaid, much of it forced through legal proceedings over which I have little control. In other words, it’s a typical day at the office.
I can make more money if I refuse to get legal help or free cases. I will also have more time. But I’m willing to take these files; the same goes for most criminal defense attorneys – because if we don’t, people will suffer.
The public never saw this work. It could be better television, but it’s our public service.
