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.