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Lawyer Trust Accounts

The Toronto Star recently published a set of articles on their investigation with respect to lawyers who misappropriated client trust funds. An issue raised in these articles is whether the Law Society of Upper Canada should be reporting to the police those lawyers who are stealing client trust funds. Any time there are allegations of lawyers stealing or misappropriating client money, these allegations must be taken seriously. Public confidence in lawyers is essential to the success of the legal profession.

I do not propose to address what role the Law Society should have regarding reporting criminal conduct of lawyers to the police. Rather, the purpose of this article is to help the public understand what a lawyer trust account is, and the process involved from when a lawyer receives client money in trust to when that money leaves the trust account.

What is a Trust Account?

A trust account is a bank account a lawyer or a law firm has which is separate from any general account held by that lawyer or law firm. A trust account permits lawyers or law firms to deposit client money into a bank account. Any money deposited into a trust account belongs strictly to the client, not the lawyer. The money is simply held in trust by the lawyer or law firm for the client.

Lawyers and law firms are not permitted to collect any interest that is generated from a trust account. Any interest that is generated from a trust account is transferred to the Law Foundation of Ontario where it is used for purposes such as funding Legal Aid and to help compensate individuals who have been the victims of fraudulent conduct by other lawyers.

Just as lawyers cannot earn any interest generated from any trust account, lawyers and law firms cannot used any client money held in trust to cover any costs incurred from having a trust account, such as monthly bank fees. Any monthly bank fees or other expenses resulting from having a trust account must be paid from the lawyer’s general account.

Billing Clients Who Have Money in Trust

Any time a lawyer receives money from a client for work that has not been completed, that money must be deposited in a trust fund. When a lawyer has completed all or a percentage of work on a particular file, the lawyer can then send an account for the work completed. Once the lawyer has sent a statement of account to the client, it is only then that the lawyer can transfer that money from the trust account to the law firm’s general account.

Bookkeeping

Every lawyer or law firm must account for every single cent that is deposited into a trust account. Having a trust account requires that lawyers and law firms maintain a trust receipts journal, a trust disbursements journal, a client trust ledger and a monthly trust comparison.

A trust receipts journal is a record of all client money received in trust by a lawyer or law firm. A trust receipts journal documents the date the funds were received, the method by which funds were received, the person who provided the funds, the amount received, and the reason funds were received into the trust account. A trust disbursements journal is a record of all payments made on behalf of clients and it documents similar information to the trust receipts journal.

A client trust ledger is a record of the amount of money a lawyer holds in trust for each client. Most lawyers have a mixed trust account, which means all client money held in trust is deposited into a single bank account. The client trust ledger will also show when money was withdrawn from the trust account and why it was withdrawn.

Every month each lawyer or law firm is required to complete a monthly trust comparison. The purpose of the monthly trust comparison is to ensure a lawyer’s accounting records are consistent with the lawyer’s trust bank account records. Accounting errors can occur at both ends, either by the bank or by the lawyer or law firm. The monthly trust comparison allows a lawyer or a law firm to quickly identify and correct any accounting errors.

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As a lawyer, I practice criminal law in Toronto and the surrounding areas. Contact me today and arrange a free consultation.

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Representing Guilty Clients

Representing Guilty Clients

How can you represent people who you know are guilty? It is a question every criminal defence lawyer has been asked on more than one occasion. I know I was asked this question even before I became a criminal defence lawyer, back when I first expressed an interest in practicing criminal law. This question if often asked in relation to some of most serious criminal offences such as sexual assault, murder, and any sexual offences with respect to children.

So, how do lawyers represent people who they know are guilty? Well the answer to that question has a can be divided into two parts; (1) the professional component, and (2) the personal component.

From a Professional and Legal Perspective, How do Lawyers Represent Guilty Clients?

As a criminal defence lawyer, it is just accepted that you are going to be representing clients who are guilty of committing criminal acts. However, whether a client may be guilty or not guilty is simply not a factor that any criminal defence lawyer ought to consider when agreeing to represent a client charged with a criminal offence. Quite often lawyers are not even aware whether a client is guilty or not guilty when they agree to represent them. Even when we are familiar with the nature of the allegations, we should not be picking and choosing our clients based upon our personal views and opinions.

As lawyers and officers of the court, we cannot to allow our personal views or opinions to jeopardize our professional duties and responsibilities to our clients. This means that no matter how horrific the crime or what our views are regarding a particular type of offence, we cannot abandon a client.

We have to continue to advocate fearlessly and resolutely on behalf of our clients. As criminal defence counsel, this means that we still have to hold the Crown Attorney to the burden of proving its case beyond a reasonable doubt. The Canadian Charter of Rights and Freedoms provides that all persons are presumed innocent until proven guilty. It is not our responsibility, nor are we entitled to determine guilt or innocence as lawyers. Our responsibilities encompass representing our clients’ legal rights pursuant to the laws that govern our country. Therefore, if the Crown Attorney cannot meet the burden of proving its case beyond a reasonable doubt, then even a client we know is guilty is still entitled to be found not guilty.

Finally, clients we know are guilty are still entitled to be treated with courtesy, respect, fairly and with dignity. Our responsibilities as lawyer does not including judging any of our clients, even those individuals who have committed some of the most horrific crimes.

From a Personal Perspective, How do Lawyers Represent Clients they know are Guilty?

As indicated above, a lawyer’s personal feelings about a particular client or the criminal offence alleged to have been committed cannot come before the rights and interests of a client. This can be particular challenging when working with clients who are alleged to have committed some very violent and horrific acts. Criminal defence lawyers, Crown Attorneys, police officers, and judges are not immune to from the vicarious impact that these types of cases can have, both mentally and emotionally.

As lawyers, we have to set aside our personal feelings and opinions when we are representing our clients, however this does not mean we can completely ignore them. We cannot go home at the end of the day and simply put aside the information and people we have come into contact with in our professional capacities as lawyers.

A lawyer who is not willing to address the impact his or her professional life can have on his or her personal life is more likely to be at risk for burnout. Conversely, a lawyer who has a greater self-awareness of the impact their work can have on their personal lives is going to be in a much better position to prevent any of their personal feelings or opinions from impacting their ability to professionally represent their clients to the best of their ability.

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Contact me today if you have been charged with a criminal offence and arrange a free consultation.

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The Police Want to Talk to Me, What Should I Do?

Not all arrests made by the police are done at the scene of an alleged crime or are the result of the police carrying out an arrest warrant. There are many occasions when the police will arrest someone at the police station after requesting that the person attend the station.

The Phone Call from the Police

In many circumstances the police will contact a person and simply request that they attend the police station regarding a matter that the police are investigation. When the police call you and requested that you attend the station, do not expect the police to tell you any of the following;

  • What alleged crime they are investigating.
  • Whether you are a suspect of their investigation.
  • Whether you can bring a lawyer with you.
  • That you are not legally required to attend the police station.
  • Whether you will be placed under arrest upon attending the police station.

There may be a number of different reasons why the police want to talk to you and the police will not necessarily arrest all individuals that they request attend the police station. There are circumstances where the police would like to obtain a witness statement or they simply want to know what knowledge you have about an alleged incident. However, there are a number of individuals who are quite surprised when they arrive at the police station and are immediately advised that they are under arrest.

I got the Call from the Police, What Now?

If the police contact you and request that you attend the police station, you should immediately speak with a criminal defence lawyer. It is not to your benefit to get into a discussion with the police officer about what he or she would like to talk to you about, whether you are the suspect of an investigation, or whether the police intend on arresting you. Remember, any statement you make to the police officer may later be used against you, including anything you discuss with the officer prior to attending the police station.

When the police contact you and request that you attend the station, you should consider advising the police that you wish to speak with a lawyer and have a lawyer arrange for you to attend the police station. Allow a lawyer to ask the police officer why the officer has requested you attend the police station, whether the officer intends on arresting you, and whether the officer would permit the lawyer to be present during an interview. Read about exercising your right to speak with a lawyer.

What I can do for You?

Police officers will often not tell a lawyer what the matter is about, however an officer may be willing to provide a lawyer with a few details he or she would not otherwise tell the individual that they wish to speak with. Specifically, when I contact a police officer I want to know whether it is anticipated you will be placed under arrest, and if you are going to be arrested whether you are going to be released on your own recognizance or whether you will be held for a bail hearing. In many circumstances a police officer will grant a lawyer the professional courtesy of advising whether they intend on arresting you and whether you will be held for a bail hearing. This police will usually inform a lawyer of this information on the basis that the lawyer will make arrangements for you to surrender yourself in a timely manner.

If you are going to be arrested and held for a bail hearing, I will try to arrange that you surrender yourself very early in the morning. I try to arrange your arrest this way so that you can be processed and appear in court that same day for a bail hearing. I will also make arrangements so that an appropriate Surety attends court and you can have a bail hearing as soon as possible. As a lawyer it is important for me that you do not spend any longer period of time in jail than is absolutely necessary.

Prior to attending the police station I will want to speak with you about what rights you have. I will advise you that you have an absolute right not make any statement and I will advise you that you should seriously consider exercising your right to not make a statement. In most circumstances it would be in your best interests to only provide the police with your name, age, date of birth and address. In very limited circumstances it may be advisable to speak with a police officer, for example where you were in possession of documentation that clearly demonstrated why you should not be the subject of a criminal investigation.

Contact Me

If the police have contacted you and would like to speak with you, contact me immediately.

 

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From Arrest to Trial Part 2: Understanding Our Criminal Justice System

The Judicial Pre-trial

After your lawyer and an Assistant Crown Attorney have had a Crown Pre-trial, and where your matter could not be resolved, the next step will often be to conduct a Judicial Pre-trial. At a Judicial Pre-trial, your lawyer will meet with an Assistant Crown Attorney, a Judge and possibly the Officer-in-Charge of your matter. A Judicial Pre-trial is not necessary in all circumstances, however if your trial requires one or more court days then a Judicial Pre-trial is generally required. If your matter cannot be resolved at a Judicial Pre-trial, then your lawyer and the Assistant Crown Attorney will discuss with the judge how many days will be required for trial, how many witnesses each side anticipates calling, what disclosure remains outstanding, and whether there are any pre-trial issues that need to be addressed such as Charter applications.

In circumstances where a Judicial Pre-trial is not mandatory, your lawyer may not wish to hold a pre-trial for strategic reasons or where you want to schedule the earliest possible trial date. For example, if you are charged with a domestic assault and you want the earliest possible trial date, then your lawyer may elect to forego having a Judicial Pre-trial and head straight to trial. In these circumstances, on the next court date after a Crown Pre-trial, your lawyer and an Assistant Crown Attorney will attend the Trial Coordinator’s office and schedule a date for trial.

The Preliminary Inquiry

In circumstances where the Crown has elected to proceed by indictment or the criminal offence is a strictly indictable offence, you are entitled to a preliminary inquiry. A preliminary inquiry is held in the Ontario Court of Justice, and in these circumstances a Judicial Pre-trial is not held until after a Judge has made a committal for trial.

The preliminary inquiry is not a trial and the Judge’s powers at a preliminary inquiry are very limited. A judge at a preliminary inquiry cannot assess with any significance the credibility or reliability of a witness. A preliminary inquiry Judge also cannot deal with Charter applications. Simply put, the only function of a Judge at this stage is to determine whether you should be committed for trial. The Judge must ask himself or herself, whether there is enough evidence, if believed, that a properly instructed trier of fact could convict. If the answer is yes, then the Judge must commit you to trial.

Once an order for committal has been made, depending upon the offence you are charged with, you can elect to have a trial by a Judge of the Ontario Court of Justice, or a trial in the Superior Court of Justice with or without a jury. Where you elect to be tried in the Superior Court of Justice, your lawyer will then have a Judicial Pre-trial with a Judge from the Superior Court of Justice.

Interim Court Dates

Once a Judicial Pre-trial has been held and a trial date has been set, the next court date will often be the trial date. In some circumstances an interim or trial readiness date may be set. One reason for setting this interim date is that your lawyer has not received all the disclosure the Crown Attorney is obligated to provide.

Preparing for Trial

If there is no interim date set then you can expect your lawyer will want to meet with you a week prior to trial to ensure that you and your lawyer are prepared for trial. Your lawyer may also want to meet with any other individuals he or she expects to call as a witness. If your lawyer anticipates calling you as a witness, he or she may want to put you through a mock direct examination and cross examination. The purpose of doing so is to ensure you are prepared for trial and so that you can be prepared for some of the questions the Assistant Crown Attorney may ask your during cross examination.

The Trial Date

As a matter of efficiency, it has become a regular practice in our criminal courts to assign several trials to a single trial court. As courts become available, the trial coordinator will assign different criminal matters to different courts based upon priority. The theory is that often there will be cases that are either not ready to proceed or that have been resolved, and in these circumstances it would be a waste of valuable court time if there were no other matters that could be dealt with.

Using this triage approach, you could arrive at court on the morning of your trial and there is no court immediately available for your trial. Cases where the accused is in custody will take priority over other cases, and cases where the charges are much more serious will take priority over a trial involving a relatively minor offence. In rare circumstances, if your trial is expected to be short and involves a very minor offence it may be that a court does not become available and you will have to set a new trial date.

Conducting a trial is a separate process within the criminal justice system and requires its own page. By now I hope that you have a general understanding of how our criminal justice system works and what you can expect if you find yourself charged with a criminal offence. The process can often be long and frustrating, and that is just one of the reasons why it is recommended that you hire a criminal defence lawyer. Contact me today if you have been charged with a criminal offence.

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From Arrest to Trial Part 1: Understanding Our Criminal Justice System

For anyone unfamiliar with the criminal justice system, the process can be confusing and overwhelming. This is one of the many reasons why it is important to hire a lawyer who practices criminal law on a regular basis if you have been charged with one or more criminal offences. From start to finish, a criminal matter may take only a few weeks or month to resolve, or it may take a year or two to reach a conclusion. It may take even longer if there are appeals.

Understanding the Process and Communicating with Your Lawyer

Whether your matter is resolved at the first court appearance or is resolved at trial, it is important that you, as the client, understand how our criminal justice system functions and that your lawyer keep you informed every step of the way. Because criminal defence lawyers practice criminal law on a regular basis, it is easy for them to forget that most individuals are unfamiliar with how a criminal matter progresses through our courts. Criminal defence lawyers will often use legal language that is unfamiliar to you, and talk about events such as pre-trials and preliminary inquiries. Lawyers need to be vigilant that many of their clients are not familiar with the legal system, and therefore they must make every effort to ensure each client fully understands every step in the process.

It should be a common practice for lawyers to speak with their clients prior to each scheduled court appearance, so that the client is aware of what will transpire at court on that particular day. After each court appearance, a lawyer should again speak with his or her client and inform them with respect to what exactly transpired at court, when the next court date is, and what the next step in the process is. This practice should be adopted anytime a lawyer has a discussion or any other correspondence with an Assistant Crown Attorney, a police officer or any other party involved in the client’s criminal matter. If you have not heard from your lawyer, call him or her and ask them what is happening with your case and what the next step is.

Arrest, Release and Bail Hearing

Upon arrest, you will either be released by the police under your own recognizance or on a promise to appear, or you will be held in custody pending a bail hearing. If you are held for a bail hearing, you will be brought before the Court within 24 hours where you can conduct a bail hearing or have a bail hearing adjourned to a later date. For more information on bail hearings click here.

Disclosure

Disclosure is the evidence that the Crown Attorney will be relying upon to prove the case against you. Often not all of the disclosure will be available on the first court date. Disclosure can include officer’s notes, video and written statements made to the police, police in-car videos, 911 audio clips, a list of any evidence seized, etc. Often a disclosure package will also include a Crown Screening Form, which sets out the Crown Attorney’s position on sentencing if a guilty plea is entered at an early date.

The Provincial Crown Attorney’s Office and the Federal Crown Attorney’s Office

Offences committed under the Criminal Code of Canada are prosecuted by the Provincial Crown Attorney’s Office, while offences under the Controlled Drugs and Substances Act are prosecuted by the Federal Crown Attorney’s Office. Where there are a set of charges involving both, offences under the Criminal Code and the Controlled Drugs and Substances Act, often one Crown Attorney’s Office will delegate those charges to the other Crown Attorney’s Office to prosecute.

The First Court Date and The Crown Pre-trial

If you have retained a lawyer prior to attending the first court date, you can sign a designation of counsel which allows your lawyer to attend court on your behalf so that you don’t have to. By signing a designation of counsel your lawyer can attend court, obtain disclosure, adjourn your matter for a few weeks, and arrange a Crown Pre-trial. The first court date is not a trial date. There will not be any witnesses present and you will not be provided an opportunity to present your case. Your options on the first court date are to either adjourn your matter for a few weeks so you can review the disclosure with a lawyer, or you can plead guilty, in which case your matter would be moved to another court before a judge to accept your guilty plea. Any competent criminal defence lawyer will tell you that you should always review the disclosure with a lawyer prior to contemplating entering a guilty plea.

Prior to arranging a Crown Pre-trial, your lawyer is going to want to meet with you and review the initial disclosure. Your lawyer can make a list of any outstanding disclosure the Crown Attorney has not provided and request that the Crown Attorney make any such disclosure available. After advising you of your legal options and obtaining your instructions, the next step is for your lawyer to conduct a Crown Pre-trial. These pre-trials involve your lawyer having a conversation with an Assistant Crown Attorney with a view of either resolving your matter or moving it forward to trial if no resolution can be achieved. Most Crown Pre-trials are held over the phone and can range from 10 to 30 minutes.

If your matter cannot be resolved by a Crown Pre-trial then your lawyer will attend court on the next scheduled date and advise the Court that a Crown Pre-trial has been held and the matter needs to be adjourned to a date in the future so that your case can proceed to the next step in the process.

Be sure to read Part 2 to understand how your matter will proceed to trial if it cannot be resolved after a Crown Pre-trial.

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If you have any questions about how our criminal justice system works or if you have been charged with a criminal offence, contact me today.

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What Should I Look For When Hiring a Lawyer?

Whether you are meeting with a lawyer for the first time or you are researching criminal defence lawyers online, you should know what characteristics to look for in a lawyer. In today’s market, many lawyers are now developing their own website to attract new clients, and as a prospective client, you should be aware of what to look for on a lawyer’s website.

Although the following is intended for those of you looking to hire a criminal defence lawyer, it can also be applicable anytime you are looking to hire a lawyer. Professional and personal characteristics you may want to look for when you are hiring a lawyer include; honesty and integrity, professionalism and civility, knowledge and competence, ability to communicate, and accessibility and availability. Remember, these are only some of the characteristic that a good lawyer will exhibit.

Honesty and Integrity

It is not a criminal defence lawyer’s job to tell you ‘not to worry and everything is going to be fine’. A lawyer has a responsibility to be open and honest with each client and to ensure the client understands all aspects of his or her case. If there is a likelihood that you could be convicted of the offence you are charged with, it is a lawyer’s responsibility to tell you that. Similarly, if there is a possibility you could receive a jail sentence upon conviction, it is a lawyer’s duty to inform his or her client that this possibility exists. It is a lawyer’s job to assess the strengths and weaknesses of your case, to understand the risks and benefits of each decision and to advise you honestly. so that you can make informed decisions.

You should be cautious of a lawyer who promises or guarantees any kind of result. With respect to criminal law the reality is this; there is a certain amount of the process that is beyond the control of the lawyer. The Crown Attorney has the discretion whether to; proceed with criminal charges, attempt to resolve them, or request that the charges be withdrawn. The trial judge makes the ultimate determination of whether evidence is admissible and whether an application under the Canadian Charter of Rights and Freedoms is to be successful or not. A judge or a jury is the trier of fact and will ultimately decide whether a person is guilty or not guilty, and it is a judge who ultimately determines what penalty shall be imposed. A lawyer can advocate fiercely on your behalf, but at the end of the day a lawyer cannot guarantee a result that is not completely within his or her control.

Ask yourself, is the lawyer that you are considering hiring genuinely concerned about your case and that you understand what your options are, or is this lawyer more interested in signing up another client? Something to look for is whether the lawyer is willing to meet with you free of charge for an initial consultation. Often these lawyers are genuinely concerned that you understand what your legal options are and they are willing to take the time to explain this to you free of charge.

Professionalism and Civility

A criminal defence lawyer has a responsibility to fearlessly raise every defence available to you and to advocate fiercely on your behalf; however a lawyer is still an officer of the court and a licenced member of the legal profession. A lawyer has a duty to act with civility with all parties involved in the criminal justice system, as well as a duty not to misrepresent the court. Simply put, a lawyer who acts in a professional and civil manner is more likely to work cooperatively and effectively with Assistant Crown Attorneys and Judges, which can be to your benefit.

How a lawyer conducts himself or herself while meeting with you may give you an indication of that lawyer’s professional conduct with others. When you meet with a lawyer ask yourself, does the lawyer appear to take a personal approach, or do you feel like you are just another client? Pay attention to the small details, such as whether the lawyer is concerned he or she has pronounced your name correctly. Is the lawyer dressed in professional attire such as a suit? Is the lawyer sensitive to any religious or cultural considerations?

Knowledge and Competence

Knowledge, competence and experience are not necessarily synonymous when it relates to practicing law. There are many young lawyers who are both knowledgeable and competent. Similarly there are well experienced lawyers who are not necessarily the strongest advocates.

With respect to knowledge and competence, consider looking for a lawyer who appears to have a good understanding of criminal law and procedure, as well as someone who is able to understand how the facts of each case apply to the law. Knowledge and competence of the law includes much more than simply how long a lawyer has been practicing and what he or she tells you about their success rate.

When you are looking at a lawyer’s website, ask yourself is this lawyer simply trying to market himself or herself, or is apparent that the lawyer has a strong understanding of criminal law. Another question you can ask yourself is whether the lawyer has made any attempts on his or her website to provide you with information on criminal law and how our criminal justice system works.

If you are meeting with a lawyer for the first time, ask yourself is it clear that the lawyer has prepared for your meeting? Is he familiar with the sections of the Criminal Code for which you have been charged? Is he or she able to answer questions you have about the offence you have been charged with? Does he or she explain how your matter can proceed through our criminal courts? Does the lawyer appear to have a plan about how to approach resolving your matter? The answers to these questions can tell you a great deal about a lawyer’s knowledge and competence of the law.

Ability to Communicate

A significant portion of criminal law practice requires that a lawyer be able to communicate efficiently and effectively with others, or what we often refer to as ‘people skills’. A lawyer needs to be able to communicate with his or her clients, but also with Assistant Crown Attorneys, Judges, Police Officers, and other court administrative staff. A criminal defence lawyer’s ability to communicate in an effective and professional manner is an essential component to practicing criminal law.

When you are looking at a lawyer’s website, is it easy follow? Do you understand the content you are reading on the lawyer’s website? Is the lawyer able to communicate the services he or she provides and his or her role and duties as a criminal defence lawyer?

When you meet with a lawyer, do you feel comfortable talking to him or her? Does the lawyer take the time to explain the offences you have been charged with in language you can understand and not legal jargon? Did you leave the lawyer’s office with a basic understanding of how the criminal justice system works and what your legal options were? Or did you leave the lawyers office with more questions than you started with?

Whether a lawyer can communicate effectively can have a significant factor in determining how successful he or she can advocate on your behalf, both inside and outside the courtroom. A lawyer’s ability to communicate effectively with you can also help to answer any questions you have and can make dealing with your matter a little less stressful.

Accessibility and Availability

Is a lawyer committed to returning your call within a reasonable period of time, is he or she available to meet within a reasonable period of time, does he or she appear to be organized? These are questions you should be asking yourself. Criminal defence lawyers are frequently in court or meeting with clients, and therefore they often cannot respond to phone calls or emails immediately. However, you should be looking for a lawyer who is committed to return your call or email within 24 to 48 hours. Depending on a lawyer’s schedule he or she should also be able to arrange a meeting with you within a week; however it may be longer if the lawyer is in a lengthy trial for example.

Contact Me Today

Contact me if you have a question about criminal law or hiring a lawyer. If you have been charged with a criminal offence, click here to arrange a free consultation with me immediately.

Read about Choosing the Right Lawyer.

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Questions You Should Ask Your Lawyer

I’m Stephen Jack and I am a criminal defence lawyer in Toronto. The primary purpose of my blog is to help educate you about the criminal justice system, what my role will be as your defence lawyer, and the numerous criminal offences found in the Criminal Code of Canada and the Controlled Drug and Substances Act.

For those lawyers that practice criminal law on a regular basis, it is easy for these lawyers to forget that the criminal justice system is world unknown to many of their clients or prospective clients. If you are someone who is unfamiliar with our criminal justice system, and without the proper information, you may find yourself feeling confused and frustrated. However, you can help yourself by being proactive and asking questions Here are some questions you should ask your lawyer.

Do I Need to Bring Anything With Me to the Meeting?

The short answer is yes. You should bring with you any documentation you have received from the police or from the court. For example, if you have already had a bail hearing, you should bring your bail papers with you so that I can explain or clarify any and all of your bail conditions. If you attended court on the first appearance date you may have been given disclosure by the Crown Attorney. If so, bring any disclosure you have received from the Crown Attorney so that I can review it with you and answer any questions you may have.

Ask About the Duty of Confidentiality

It is essential that the lawyer/client relationship be based upon trust. This means that you should feel you are able to share freely with me any information relevant to your case without prejudice and without being judged. Whether you decide to retain me or not, it is important that you understand that what you tell me remains strictly confidential. As someone educated in both law and social work, I have a unique understanding and appreciation of how important it is to keep any information disclosed to me confidential. Don’t forget to ask under what circumstances confidential information may or must be disclosed. Although these circumstances are rare, it is important that you understand when a lawyer is permitted to disclose confidential client information, and when a lawyer is obligated to disclose such information.

Can I Sign a Designation of Counsel?

If you decide to retain me, make sure you ask about signing a designation of counsel. Simply put, a designation of counsel is a form that you sign that acknowledges you have retained me as your lawyer and that you agree that I can appear on your behalf without requiring you to be present at court. Often a criminal matter requires several court appearances before the matter is resolved, and a designation of counsel allows me to appear on your behalf for several of these court appearances so that you do not have to take time off of work or school, arrange for a babysitter or make any other arrangements that you would otherwise have to make if you were required to attend court.

I Have to Attend the Police Station for Fingerprints, What do I need to Know?

In circumstances where you are released from the police station, you will be given legal documents, one of which will provide you with a date of when you are required to attend the police station to be fingerprinted. Be careful not to mix up the date as there will also be a date of when you are required to attend court.  Depending on the jurisdiction, you may be required to attend the police station at a specific time during the day, such as is the case in Brampton, while in other jurisdictions you may be permitted to attend at any time during a particular day. I will confirm with you the date, time and location of when you are required to attend for fingerprints. It is important that you attend on the correct date and time, or the police may issue a warrant for your arrest and you could be charged with an additional criminal offence.

If a particular time to attend the police station is going to cause significant hardship, please advise me and I will attempt to negotiate another time you can attend for fingerprints. However, please be advised that it is the discretion of the police to change a time when you are required to attend for fingerprints.

Finally, please remember to take your document with you when you attend the police station. Ask the police to stamp your document as proof that you attended the police station for fingerprints at the appropriate date and time.

Follow the link for information on applying to have your fingerprint records destroyed.

Can You Explain My Bail Conditions?

It is equally important that you understand your bail conditions as it is that you fully comply with each and every condition outlined in your bail. If you do not understand any of your bail conditions, ask me to explain each one. Bail conditions are not always written in clear and plain language, and can be misinterpreted or misunderstood.

Often a condition of bail is that you are not to have any communication direct or indirect with another named individual. It is important that you understand that no direct or indirect communication means that you cannot use a third party to communicate with the named individual with whom you not permitted to communicate with. The term communication refers to all forms of communication, including facebook, twitter, email, text messaging, etc. If you are not permitted to communicate with someone who you have on your facebook account, delete that person as a contact immediately, as well as anyone that may communicate with the person you are permitted from communicating with.

If you violate any one of your bail conditions the police may arrest you again and charge you with failing to comply with your terms of bail. In these circumstances you will be held for a bail hearing, where the onus will be on you to establish that you should be released pending the outcome of your criminal charges. Let me explain your bail conditions so that you don’t find yourself in a position where you are not sure whether you are violating your bail.

More information on Bail Conditions, FAQs on bail conditions, changing your bail conditions.

Retainer

One of the most important and frequently asked questions that a client will ask a lawyer is “how much is this going to cost me?” Unfortunately, lawyers are rarely in a position to quote a firm price during an initial interview. It is not fair to you or to me that I provide you with a bottom line of how much it will cost to resolve the charges against you. Your matter may involve early resolution or may need a trial to resolve. Your matter may require only one or two court appearances or it may require numerous court appearances. Your matter may require additional expenses such as legal research or hiring an expert, or it may not. Your matter may be a simple matter, or a very complex matter.

What is important when you are discussing a retainer is that you understand what constitutes legal fees. Ask me about retaining my services on an hourly basis against a block fee. Ask me about what additional expenses may be incurred, such as postage, photocopying, couriering documents. You should leave the first meeting feeling comfortable that you know the services you are receiving and how you are being charged for these services.

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What are the best and worst case scenarios?

The Criminal Code of Canada and the Controlled Drugs and Substances Act contain numerous criminal offences for which there are variety of potential penalties should you be found guilty. It is important that you understand the criminal charge or charges against you, and what are both the possible outcomes and the likely outcomes. There are more and more minimum penalties being attach to various criminal offences, while other criminal offences such as impaired driving, also carry additional penalties under the Highway Traffic Act. Therefore, make sure you are aware of all the possible outcomes you may be subject to.

What Do You Recommend and Why Do You Recommend It?

The primary purpose of meeting with a lawyer is to retain legal advice; however the legal advice you are given is useless unless a lawyer is able to clearly explain why he or she is providing you with that particular advice.  You need to ensure a lawyer has considered all the available relevant facts of your case, considered all applicable laws and rules of procedure, and then reached a conclusion based upon sound legal reasoning. When you leave a meeting with me I want you to understand very clearly what I recommend and the reasons why I am recommending what I am.

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If you have been charged with a criminal offence contact me today and arrange a free consultation.

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