Jump to content

Malicious Prosecutor

  • Content Count

  • Joined

  • Last visited

  • Days Won


Malicious Prosecutor last won the day on February 24

Malicious Prosecutor had the most liked content!

Community Reputation

4118 Good People


About Malicious Prosecutor

  • Rank

Recent Profile Visitors

6026 profile views
  1. The advice above is still good. Unlike the person who interviewed for a 2L position, you ill be asked substantive law questions. Know the basics of trial procedure, know about bail and the relevant procedures. They're not looking for advanced knowledge, but enough that shows you are familiar with how a criminal court works.
  2. My understanding from the days before no-fault divorces was that proving adultery all got very gross and uncomfortable. You might hire private investigators to try and catch a cheating spouse in the act. I think you could allege kinds of 'defences' to adultery like your partner withheld sex. If you did learn of adultery but didn't act on that information soon enough you could be found to have condoned the adultery.
  3. Dual JD - reject and see if something better comes along Regular JD - accept. Windsor is a fine school.
  4. My understanding from defence lawyers (and remember I'm not one!) it isn't that they lose money on the crim work, but there just isn't enough to go around for a lot of them, so they supplement by taking family law files.
  5. You know @KingLouis I thought we were having a moment. But no, then you go out and insinuate that I got my nephew off on his charges somehow through my connections. I will let you know: -my nephew is on my wife's side of the family - no shared surname -I told my nephew and his mom the one thing is to not mention my name -although in Alberta, he doesn't live in the same town, and charges are handled by a different Crown office -I don't personally know anyone in that Crown office -I checked with my own office if there was a conflict - was told no -I don't hang out with this defence lawyer -I had a 30 second conversation with him about the file. He thanked me for the reference, I demurred saying I gave my nephew a list and he earned the retainer, and said that the only thing is he couldn't waive the file into my city. Lawyer agreed.
  6. It certainly couldn't hurt. As the commercials said why don't you "Reach out and touch someone". Which as I type, I realize that slogan is from the 80s and you probably have no idea what I'm talking about... But anyways, your Crown probably has a lot more time on their hands than normal and is under pressure to try and close files, so they'd probably welcome the call.
  7. Let's talk about golden handcuffs. When it comes to Biglaw I think it usually refers to the whole lifestyle around it - the big house or condo with the huge mortgage - that prevents you from leaving. I don't think that really applies to the Crown. There's no lifestyle to working here. I live in a boring suburb.
  8. Looking over the replies there's no harm I guess in asking for reference letters (some profs might have a lot of time on their hands right now - others not so much), but other than that - nothing. Relax and have whatever fun you can in this social distant world.
  9. Unless there's a reason for it. I could speculate and imagine something. The Accused has a long history of violent offences, almost certainly committed another that I just can't prove, all of which was under the influence of alcohol. I might try to get them on some kind of terms to deal with alcoholism, just to try and make sure I don't see this guy again and someone else gets hurt.
  10. I don't want to say you should never report opposing counsel, but I would think very long and hard about it. I would also exhaust all other opportunities to solve the problem beforehand. The reasons are that first I think the Law Society takes a jaded view when complaints are coming from opposing counsel. It's one thing for a judge or colleague to report, a whole other thing when it's someone opposite you on a file. Also, it's a really good way to forever poison your relationship with that individual Crown. It's one thing to just really go at it in court hammer-and-tongs, but we should be able to shake hands afterwards and be civil. But when you start making personal allegations about the Crown's conduct, you've made things very personal.
  11. @KingLouis I will say this - I've generally thought it was awfully chintzy to take a plea to a non-crim offence just to say I got "something" on a file. If I feel the file has merits then run it. If it doesn't I should have the courage of my convictions and kill it. The exception would be where I can point to something concrete I am getting - that this conviction means the Accused can't get his guns back, or can't practice in a profession, or whatever.
  12. So in the last 10 years I can think of precisely one Crown who voluntarily went to the defence side (a few others went when they were let go by the Crown), whereas a whole bunch of defence lawyers have come over here. I believe it's primarily a financial motivation. Being a Crown you'll learn lots about how to run a file (and consequently how to defend it). But what you won't learn is how to build a client case. You will be starting from scratch on that important skill. I did briefly practice in a small community. Yes, I feel like I could get clients much more easily than if I was trying to do so in the city. In particular for family law I had clients seeking me out. However, not all small towns are created equally. You'd have to try and do some research to find a community that is sufficiently wealthy enough to hire lawyers, has a high enough crime rate, and has not enough competition. There's also the fact that you'll always be viewed suspiciously by the residents of that small town until you've really put down roots in that community.
  13. Maybe I just have a low opinion of defence lawyers, but I feel like I constantly get requests for offers that are just that - please give me an offer. I open the file and there's obvious signs that point to some kind of huge back story for the Accused (usually some kind of combination of poverty, homelessness, drugs, alcohol, and mental health issues) - but I can't just guess at what they might be! It's always a rare pleasure when I get an email or letter setting out some details about an Accused, and even rarer for defence to actually suggest a resolution to me. If you give me an even half way reasonable offer, and all I need to do is sign off on it, there's a good chance I'm going to say yes, even if it wasn't the offer I would have made. Which goes back to what I was saying - the key is just in doing the work.
  14. In my jurisdiction a pre-trial report is generated by the pre-trial judge. That very much suggests they are not "off the record" - but of course the trial judge can not see that report. I do however take a pre-trial judge's comments with a good portion of salt. First of all the good judge's never make that sweeping of a recommendation. But mostly because no judge can necessarily assess your file based on a 10 minute meeting. Complaining to a PTC judge gets you nowhere. Judges do not get to question the exercise of Crown discretion. Full stop. If you absolutely must, you can write to that Crown's managers. Perhaps request a meeting. It helps if you have an otherwise good rapport with the Crown's office. I can't guarantee you'll get much satisfaction, but they should at least hear you out. Know of course that the manager is also going to ask that Crown for their side.
  15. We're told trials resume July 7. We're now just under a month from then and there's no official guidance on what that's going to look like. I pre-trialled a matter last week where the judge just said 'Crown you're responsible for keeping all your witnesses socially distant' expecting me to have them all lined up. Problem is I never know who is going to show up, how long defence will be, etc.
  • Create New...