the daily snivel
Default! Default!
Let me introduce myself: my name is Rob, and I am a winner. My first trial was scheduled for Monday, February 9 and, as I'd written earlier, I've been heavily engaged in research and trial preparation. I felt the law and the facts were strongly on our side, and the only glitch in the case was that the Crown had yet to provide us with disclosure (which is the legally required provision to defence counsel of any and all relevant inculpatory and exculpatory evidence). I requested that the Crown consider withdrawing the charge due to lack of disclosure, and was informed that this was indeed an option the Crown was debating, since they themselves had yet to receive any materials from the police.
Then I was told that disclosure had arrived at the Crown's office, so I called up the prosecutor and we had a brief chat about the file. Having looked over the notes she'd received, the prosecutor agreed with me that the offence my client was not charged with was not applicable in his case (which was my argument for trial), so she again agreed to withdraw the charge on Monday morning! I confess I was not expecting that outcome. Indeed, the only matter on which we parted ways was whether my client should have been in fact charged with a more serious offence. She naturally thought he should have, and I naturally thought that was outrageous. She also asked me what my client had been thinking, and in my most qualified legal language I said something very vague that reminded me, in essence, of the Simpsons episode when Lisa Simpson asks the judge to declare a writ of "boys will be boys."
In any case, though, the point was moot, and I've won my first case by default. Yes, I did the work, and yes I was ready to go (and looking forward to the opportunity to make my case in court), but what's most important is what is best for the client, and a "get out of court free" card is better than a trial, even a trial that seems straightforward. I'll still be there with my client Monday morning (in my brand new, very dignified suit), just to see that the charge is in fact withdrawn.
And then I'll be preparing for my next trial, which is coming up fast on March first.
Then I was told that disclosure had arrived at the Crown's office, so I called up the prosecutor and we had a brief chat about the file. Having looked over the notes she'd received, the prosecutor agreed with me that the offence my client was not charged with was not applicable in his case (which was my argument for trial), so she again agreed to withdraw the charge on Monday morning! I confess I was not expecting that outcome. Indeed, the only matter on which we parted ways was whether my client should have been in fact charged with a more serious offence. She naturally thought he should have, and I naturally thought that was outrageous. She also asked me what my client had been thinking, and in my most qualified legal language I said something very vague that reminded me, in essence, of the Simpsons episode when Lisa Simpson asks the judge to declare a writ of "boys will be boys."
In any case, though, the point was moot, and I've won my first case by default. Yes, I did the work, and yes I was ready to go (and looking forward to the opportunity to make my case in court), but what's most important is what is best for the client, and a "get out of court free" card is better than a trial, even a trial that seems straightforward. I'll still be there with my client Monday morning (in my brand new, very dignified suit), just to see that the charge is in fact withdrawn.
And then I'll be preparing for my next trial, which is coming up fast on March first.
