The Firm's Philosophy
Each criminal case is unique and requires a defence that is
precisely tailored to its individual characteristics.
Nevertheless, certain fundamental considerations are relevant to
the defence of all cases. This firm's commitment to providing the
highest calibre of advice and representation is founded upon the
following principles, which collectively define the firm's
philosophy of practice.
1. Expert judgment: A criminal defence lawyer's
professional instincts must in every respect be informed by a
mature and experienced sense of judgment. This factor is of
crucial importance as it underlies all of the strategic and
substantive decisions made during the course of a case.
2. Rigorous preparation: The success of courtroom
advocacy and all other aspects of a defence effort is directly
proportional to the quality and thoroughness of the preparation
effort preceding and accompanying it. The art of advocacy requires
preparation that is inspired, creative and resourceful.
3. Information is power: It is essential for the defence
to have the most complete understanding of all facts that have any
relevance to the case. If the defence has the best quality of
information it has the power to control how the evidence is
perceived and interpreted by investigative authorities,
prosecutors and ultimately the judge or jury at trial.
4. Taking control early: The investigative stage of a
criminal case is of pivotal importance to the course of subsequent
litigation and provides many opportunities for the defence to
influence investigative decisions and the balance of evidence
assembled by the prosecution and the defence. The early
introduction of a defence counsel's expertise and judgment may
preclude criminal charges from being laid, and enhances the
ability of the defence to control the case in the event it
proceeds to trial.
5. Understanding the terrain: Increasingly often, the
factual context of criminal litigation involves fields of
specialized activity, with key issues being determined by discrete
areas of forensic expertise. The defence must have a complete
mastery of such issues, drawing upon its own experts and other
resources in order to refute prosecution theories, advance more
compelling interpretations of the evidence and thereby resolve the
issues in favour of the defence.
6. Seizing strategic advantages: Thoughtful and
effective decisions from a procedural and strategic perspective
can have as significant an influence on the outcome of a case as
the substantive merits of the litigation. The procedural
complexities of criminal litigation provide several practical
opportunities for the defence to establish decisive advantages at
many stages in the course of a case.
7. Innovative legal defences: The technical aspects of
criminal law are evolving continuously on account of legislative
changes and judicial rulings, particularly with respect to
constitutional rights under the Canadian Charter of Rights and
Freedoms. In addition to being fully conversant with the
latest developments in these areas, the defence should have the
resources to mount constitutional challenges and advance the
frontiers of available defences in appropriate cases.
8. Presenting a coherent position: Judges and juries
seek a plausible, compelling account of the factual circumstances
of a case, which accords with their innate understanding of human
affairs. The factual aspects of a defence should be presented with
clarity, coherence and consistency.
9. Efficiency: An efficiently conducted defence
conserves the client's resources of time and money and keeps the
case tightly focused on the issues upon which the defence will
prevail.
10. Winning isn't everything … it's the only thing.
|
