If it feels WRONG, it must be WRONG!

I have a good friend who loves to say, "if it feels right, it must be right"!  If you are ever in a social dilemma, this is actually an excellent phrase to consider...

Well, today in ethics class, I learned the opposite:

"If it feels wrong, it must be wrong" - Art Vertlieb, Q.C., President of the Law Society

Ethics is not black and white, per se.  Sometime things are defined in the B.C. Code that expressly state what a lawyer can and cannot do, but often the details of these issues result in very different view points from a variety of lawyers.

This being said, if it feels wrong in your 'gut' or if you have to ask the question of if there is a conflict of interest...well there is probably something wrong with the picture.  ABORT MISSION!!

Art also made a good point today: If are going to look like a "damn fool" making a stupid argument opposing an application by opposing counsel, DON'T harm your credibility or reputation with the judge and other counsel by prolonging the process to fight for the reason of fighting - be candid and ethical.

I think its important to remember that we are all officers of the court and have a duty to justice and responsibility to society, not just to look good in suits.  Obviously it helps, but the tailored suit may not exactly help us build relationships with the bar and the judiciary, which will inevitably help us down the road.

After having an in-depth discussion on a criminal case study, I think that maybe I may be a "lover of criminals"...

Obligations on the Crown to prove its case seem pretty burdensome and in return, this may make defense counsel's role a tid-bit easier...

One Key Element of a Competent Lawyer - HONESTY

In criminal law, being honest does not always mean that you have to tell the truth...hmmmm...

I took this lesson as being in line with the five D's of Dodgeball.

1. Dodge
2. Duck
3. Dip
4. Dive
4. Dodge

The duty to the client must be juggled with the duty to the court.  If the Judge asks you, "Does your client have a criminal record"?  The duty to the client in a sentencing hearing including confidentiality (that of a prior criminal record) must be upheld; therefore, the best answer to this question may be, "With all due respect, Your Lord, I cannot answer that question".

Dodged that one! Whewf!

That being said, respect and integrity within the legal community creates the foundation of the system.  This includes being a good adversary without compromising your ethics, morals, duties, and standards.

Closing remark from Art:

"A young lawyer asked an old lawyer what makes a good lawyer.  The old lawyer said, 'I think it is good judgment'.  The young lawyer said, 'Well, what makes good judgment'?  And the old lawyer said, 'hmmm well what makes good judgment is bad judgment'. (Insert laughter)

I feel like a better person from today's lecture. Now onto learning what makes good judgment...

5:00PM Cocktails in Yaletown on Friday!