Lesson #1 - Always ask for time to pay a fine

The very first person I spoke on behalf of was a retired woman who entered guilty plea to an impaired driving charge.

I forgot to give the Crown prosecutor time to withdraw the Over 80 charge, but that was easily remedied. The Crown summarized the facts: a weaving car, obvious signs of impairment, a high reading. I described a retired woman who had cared for her disabled older siblings for decades dealing with a death in the family. She was in tears, and embarrassed. The judge imposed the minimum fine. And asked how much time she needed to pay. She insisted on paying it immediately. The judge was a little taken aback, but agreed.

After Court, word came around of some advice: don't play the sympathy card if your client can pay the fine immediately. Look at it from the judge's perspective: hearing a sympathetic story is essentially asking for mercy from the Court. If a judge doesn't give someone a break who has a good story the judge looks cold-hearted. But if a judge listens to the story, and accepts it, and expresses mercy but then finds out it was unnecessary, it looks like a waste of sympathy and a waste of court time.

If your client can pay, but has a sympathetic story do not insist on a fine to be due forthwith unless you want to risk the judge's favour. Ask for a month. Everybody feels better.

Thing was, I understood why the woman wanted to pay immediately. To her, the fine was an embarrassment and paying it quickly ended it quickly. In my opinion, this very natural reaction is perhaps the most difficult barrier to effective representation. A client who wants to "get it over with" often wants to rush ahead against good advice.

Another lawyer offered me this tidbit: "Do you want it done quickly, or do you want it done right?" Easy to say, and sound advice, but sometimes it's difficult to convince a client that drawing something out is better than getting it over with.

My shingle - a new beginning

After 7 years of university, a year of articles, and nearly 5 months in public practice, I will open my private practice on October 1, 2008.

I'll be in a modest office located in the Ryan Building of downtown Fredericton at 57 Carleton Street. My practice will focus (initially at least) on criminal and family law.