Part 19

The next very major adventure in my life started in about the spring of 1976 just before or just after I got called to the bar.

The history of the event goes back a number of years but jelled while I was in law school.  I had a serious what I considered an ear ache.  I went to the doctor who decided that it was probably just tension and prescribed valium - albeit the lowest dosage.  With the benefit of valium I was able to focus on studying even though the ear pain - which was more like neck pain - persisted.

When I cam back to Toronto in the spring of 1974, my friend AG thought that he might be able to assist me with my problem.  He was going into 4th year at the Canadian Memorial Chiropractic College.  When he started his internship I visited the college clinic.  The first thing was providing a history, then the physical examination and an x-ray.

I was advised that I had a subluxation.  Obviously, being ignorant, I asked where I caught it and did I have to tell my wife to get checked.  It got a laugh.  I was told that I would benefit from an upper cervical adjustment and all I remember is being told that besides relieving me of pain it would move some joints.  I don't listen well after hearing any health care diagnosis.

So I provided my consent and AG was to provide the adjustment.  I am not happy with anyone touching me anywhere. I was told to put my head at the top of the table.  I did but was then told that I had to lie down on the table.  You can try and figure out what I was doing  -- and that also got a laugh.  I take instructions very very literally.

AG then tried to provide the adjustment.  Once, twice and three times, but I tensed up every time he touched me and told me to relax.  He left the room for a couple of seconds and then came back with his supervisor.  A licenced chiropractor, BK whose nickname I later found out was "killer".

Dr. BK asked AG what the diagnosis was and the suggested treatment.  BK then took my head in his hands, didn't both to tell me to relax and then gave me my first upper cervical adjustment.  I saw stars and jumped to my feet - their expressions were probably priceless.  I asked what they had done, asked who owned the building in case of a lawsuit and then realized that the pain had instantly gone away.

Apparently, my pain was not caused by stress -- it was caused by years of bending my neck over a desk and reading, reading and reading textbooks and studying.  It was amazing!!!

I then asked AG what was next.  He indicated that I would likely need at least 8 more adjustments, and I asked whether I could get them at the same time.  I was serious but that also got a laugh.  We booked all of the appointments.  They were all necessary and many more but a little while later I found out why 9 visits was important - a patient would only be defined for the purposes of the intern's clinical requirements if there were nine visits.  

Many people who may be adverse to seeing a chiropractor use the excuse that once you see a chiropractor you will always see a chiropractor.  My reply, is -- of course.  Not unlike seeing a dentist.  The chiropractor allows a patient to maintain a level of wellness.  There is acute care and there is maintenance care.  But I am not going to deeply into the importance of the profession and what services they provide.  There are plenty of articles and publications dealing with those subjects.

So after I calmed down, I asked AG and BK who taught the subjects concerning consent to treatment, privilege information and other legal matters affecting chiropractors.  They told me that the individual, actually a chiropractor, had retired.  They asked if I had any interest in teaching and when I said yes, they gave me the name of the individual to contact - AR.

And that is where the next part of the adventure began.

 Part 18

So while I was waiting for the grade to be changed for Real Estate Transactions I moved into the next course which was Income Tax.  It was no small feat to learn tax from Monday to Thursday and write the exam on Friday.  Again, I had some perverse liking of income tax.  I did fine on the exam and then had to endure Estates and Trusts;  Corporate and Commercial and then Family Law  -- the order is kind of blinding in terms of what came after real estate and tax.

I ended up passing the course and was "called" to the Bar with about 900 individuals on April 8th, 1974.  I was allowed four guests so my wife, father, mother and grandfather.  (as an aside - I didn't mention anything about the graduation ceremonies at Western - they were pretty uneventful and I don't recall crossing a stage since there were thousands of graduates from law, medicine, business and engineering - or something like that).

Anyway, after the bar ceremonies were over, I mentioned to my family I was now a lawyer.  My grandfather being a very astute individual mentioned the fact that to my wife I was a lawyer, to my parents I was a lawyer but to another lawyer, chances are I wasn't a lawyer  -- at least not for a while until I could actually and really practice law.  Again, very astute.

I now went back to my daily routine.  It was in a two storey house which had been partially used by a psychiatrist.  I had his office which had white and blue wallpaper - very soothing.  Soon renovations were started (actually while I was at the bar).  By the time I was full time renovations were completed.  I recall that fact because the day after the call to the bar, a bottle of champagne was opened in the office library.  A momentous occasion because the cork just about took my ear off.

I ended up with an office on the second floor with a very large picture window and a very nice decor.  

 Part 17

And when articling, I was working about half a day  -- that is from 8 in the morning until about 8 at night.  Not unusual for articling students.  Weekends were for research at the law library.

In September, Judy gave birth to Darin and it was the beginning of me spending no less time at the job leaving Judy to figure out how to raise the baby.  It was the same thing when Ryan and Mitchell came along.  Not good.  Not nice and literally no excuses.

Near the end of my articling experience the law partners indicated that they would like me to join the firm.  So I went immediately from finishing my articles to working part time while going through the bar admission course.  Obviously I did not have the common sense or resources to consider that my life style was not conducive to a sensible life style.  If I was to do it all over again - I would probably do the same thing because I am what I am!  Only psycho analysis could provide an answer and that is definitely not an option.  

Articles were supposed to last 11 months.  Mine never ended.  Since I started on May 5 or so -  I could have been finished the first week in April.  However, that was not to be.  The two partners asked if I was interested in staying with the law firm after the bar admission course.  It was not a hard decision to make.

I agreed to be part of the firm, and even more, I continued to work full time right to the start of the bar admission course and while at doing the course, still working part time.   So I would go to downtown Toronto for classes from 9 to 12 and then go to Richmond Hill from 2 to 6 or 7.  That doesn't sound too bad until it is noted that courses went from Monday to Thursday with an exam on Friday except for a couple of courses that went for two weeks.  

Since I had spent a great deal of time doing real estate transactions I was ready for the first exam on the first Friday.  The exam was held in an armory at Jarvis and Dundas in Toronto.  It had a track above the floor and was manned by proctors.  I recall about 1100 students taking the exam.  

After we finished we could go to Osgoode Hall at Queen and University and see the answers to the questions.  When I did the review I almost fainted.  I had about a 55 on the exam.  60 was a pass.  I was distraught along with a number of other individuals including FK who stood 2nd in law school and eventually became a judge.

We set up a meeting with the course instructor and reviewed the exam.  Apparently the course instructor had delegated or abdicated his responsibility in preparing the exam.  One of the junior lawyers in his firm prepared the exam.  He obviously was neither a real estate lawyer or a rocket scientist.  

We were able to correct about 75% of the answers.  I ended up with about a 75 which did not make me happy.  It turned out that the less you knew the better you did.  They did not bother to lower any of the marks of persons who had passed the exam.

and that was my introduction to the class of '76 bar admission course.

 Part 16

So, I survived law school and getting married.  So how hard could articling be.  It involved everything from review of files, attending court, closing real estate transactions, incorporating companies, preparing wills, taking the bosses car for a wash, picking up laundry etc etc.

I finished law school and started articling about 4 days later.  On my first day I was handed a file for a trial that was to take place on Friday, five days after starting.  I recall that it involved a sick horse.  Anyway, it was a "trial by fire" for me.  I had a great case but the judge was an "ass".  I would not normally say that, as I have great respect for the judiciary but history proved me right for a couple of decades later, the judge resigned just prior to being taken off the bench for having received a contempt order involving his divorce.  As fate would have it, we came face to face again when I was acting for an estate and he was a beneficiary.  The matter went on for about 4 years and it gave me great pleasure to give him no indulgences whatsoever.  Karma is truly a bitch!

My articling experience was amazing in that I was involved in such things as a bankruptcy hearing to which I was sent because it was an absolute loser.  I actually won the case and was trying to hold back the laughter when the Bankruptcy Registrar was giving his judgment.

I did a mental incompetency case involving an elderly individual.  I never met the person and only had to deal with the doctors on whom I had to rely on as being truthful in their diagnosis.  It was kind of sad.

I had a couple of criminal matters.  One involving "bad cheques".  I had to meet the person at the Don Jail.  Because there had been a riot a couple of weeks earlier, I had to meet the client in his cell.  It was quite an experience when the shut the door cell (locked of course).  It has been the only time that I have been behind bars.  (I did get called to the bar).

I acted for a native Canadian of about 19 years of age.  He had gone on a break and entering spree in York Region even partially destroying a bowling alley.  I was sent to have him plead guilty.  The matter was held in courtroom 20 on University Avenue which is the big courtroom.  This is because of all the victims.  I recall there being approximately 20 charges.

Since it didn't matter how many pleas of guilty that would be agreed to, since the penalty would be the same, the crown agreed to my client pleading guilty to one charge.  The only case before the judge involved my client and that meant the dozens and dozens of people in the courtroom were the victims.  Anyway, the case was called and I stood with my client while each charge was related to the court with details of the crime.  My client was then asked how he plead and I instructed him to plead not guilty.  The people in the courtroom were not happy.

The same scenario took place for charges, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12.  When charge 13 was read, I instructed my client to plead guilty.  The 14, 15, 16 etc etc etc involved a not guilty plea was rendered.  I have a rather sick sense of humour.  The victims were not pleased.

The judge had accepted the guilty plea and the crown withdrew the other charges.  The victims were not pleased.  The judge then ordered a pre-sentence report and the case was adjourned.

However, I had an experience few defence counsel receive.  I was allowed to leave through the judges exit -- because the victims were still not happy and like most situations if you can't kill the message then try and kill the messenger.

That was my experience in criminal law until many decades later.  A story for another day. 

 There are sayings:  be careful what you ask for   and   a lawyer should never ask a question that he doesn't know the answer to.

That being the case  --  this blog has been getting a serious amount of hits but not one comment in two years!  I guess fear is a great detractor  ;-)

allan

 Intermission

Before I get to the next posting regarding articling and beyond I have to comment on an event that took place in June, 2024, about three weeks ago.

While most of my experience with the chiropractic profession will be set out in detail in future posts, I have to comment at this time, on the event that took place at the convocation ceremony by the Canadian Memorial Chiropractic College at the Roy Thompson Hall in Toronto.

Since, the late 70's I have been general counsel to CMCC; its Board of Governors and its President.  My position, as its lawyer, was at the pleasure of the President.  There was never, nor is there now, a contract of any length of time.  Simply, I could be dismissed at will, or leave whenever I pleased (subject to professional rules).  Since, as I indicated, I was working at the pleasure of the President, Dr. Wickes, the President of CMCC, "requested" my attendance at convocation.  I had missed his first and this was to be his last attendance.  When he asked me why I was not at his first convocation, I would joking answer that I didn't think he would last a year.

Anyway, I showed up, took a seat in the vip section, took off my suit jacket and proceeded to fill in the daily sudoku puzzle.  I was half way through when Dr. Wickes began his Presidential address.  He is a great orator so I was paying attention.  

I recall only being surprised a couple of time in my life, and this was one of the times.  Dr. Wickes informed everyone in attendance that there was to be an honour bestowed on someone in attendance.  I have to apologize if I don't get the entire incident correctly, but as I recall, he started listing off the attributes and history of the individual.  It didn't take long before I realized that he was talking about me.  I immediately turned to Margaret McCallen, who knows everything that goes on at CMCC and asked if she knew about this.  She feigned a lack of knowledge.

The presentation went on for what seemed way too long.  It was announced that I was being given a Fellowship in the International College of Chiropractors.  This is an organization that has been in existence since about the 1920's and has a total of about 1900 members of which there are about 75 in Canada.  I was in shock.  There was a standing ovation for what again seemed like way too long.

I am truly honoured by the appointment.  When convocation was over, I was greeted with many congratulations and a couple of individuals asking why it took so long or why I didn't get an honorary doctorate.  My reply was that the nominator for the appointment was still probably debating whether the application would be taken serious.  As afar as an honorary doctorate, I often get referred to as Dr. Freedman, and anyone can get an honorary PHD  - few people have the designation FICC.

My thanks to the Board of Governors and to Dr. David Wickes.  I suppose as legal counsel I should be happy to know that the Executive Committee of the Board is able to keep a secret.

So that was last month.

Now back to our regularly scheduled program.

 Part 15

It has been a wild few weeks at work.  Like most professions and trades the business would be great if it wasn't for customers.  I love them all but......

Anyway, back to law school.

After almost giving a first year tort professor a heart attack and sending my family law professor to the hospital, what other trouble could I get into.  Since I was secretary of the student council, a student rep at Faculty council and the student member of the admissions committee I really had to try and behave myself. By third year, all a student wants to do is finish and get to the articling position.

In my case, I decided to try something different.  I contact the business faculty at McMaster University.  They have an MBA co-op program.  Three or four months of classes and then the same time in a work environment.  I thought it would be a great opportunity to teach, get an mba and article all at the same time.  And it was a great idea.  Unique in all ways.  The interview with Mac went well.  I wouldn't have to pay any tutition and I would be teaching their business course.

Except, we were dealing with 1974!  That should be enough to explain why it did not happen.  The law society said no.  They wanted 11 months of articling at a law firm and nothing less.  My mentor in law school who became a court of appeal judge and was a bencher at the time, appealed the decision on my behalf without success.  Conservatism at its worst.

Today, such a proposal would likely be received with flying colours.  I guess I was borne a couple of decades too early.

The interesting thing for me was that I sometimes wonder how my life would have changed if I had been admitted to McMaster.  I would have lived in Hamilton and likely never started teaching at the Canadian Memorial Chiropractic College or have a relationship with CMCC that started in 1976.

So I started my articling interviews which were a serious pain in all parts of my body.  Some were interesting, most involved meeting with individuals whose egos were the size of a large automobile.  One interview in particular involved meeting with two individuals in a large boardroom who proceeded to tell me that it would be a privilege if I received an offer.  I told them I didn't deserve such a privilege and left the meeting.

At another interview I was asked if I had a licence.  I said yes, not realizing that they were talking about a pilot's licence.  I didn't, but received an offer anyway.  My last interview was on a Saturday at a two man law firm north of Toronto.  We met in a small diner that looked like something straight out of Saturday Night Live with John Belushi.  I really really liked the interview.  I received an offer and grabbed at it.  There would be two of us articling.

I advised the downtown lawyers that I was not accepting their offer and you would have thought that they had never been told no.  More arrogance.  

I finished law school the last week of April and started articling the first Monday in May.  Just like finishing high school and starting university and then finishing undergraduate and starting law school with no travels or adventures.  What a stupid idea.

One last thing about law school.  I ended up receiving the Dean Ivan Rand Honour award along with two other students.  One who went on to be a judge and the other who stayed and taught tax law.  I ended upon on the dean's list.  I didn't both going to the awards banquet.  While most people think that I strive for attention, it is quite the opposite - if the attention grabs me, so be it, otherwise I am running in the opposite direction.

And after ending up on the dean's list, my parents were amazed and asked me why if I did so well in law school I had to go to summer school in high school.  I told them that the answer was simple -- going to summer school meant that I didn't have to get a summer job!  Seemed logical.