Legal Malpractice Expert Opines on Negligent Representation in Criminal Trial

Case Overview

This case involves an individual who suffered monetary harm as a result of alleged legal malpractice. The individual had a prior confrontation with police in which he claimed he was assaulted. Ultimately, he was charged, but he intended to bring a civil claim against the police once the charges were settled. During the course of a discussion with his criminal defense lawyer, the lawyer advised him that a particular legal arrangement would not affect his potential civil litigation rights with respect to claiming against the police. He accepted the terms of the arrangement, only to learn later that the decision would significantly impede his ability to bring civil action.

Questions to the Law expert and their responses

Please briefly describe your experience as a criminal lawyer.

I help with similar criminal situations quite commonly. The interesting thing here is that the mechanism used here in 99% of circumstances is a great result.

What duty does a lawyer have in a situation like this, where the client intends to bring civil action once the criminal matter is settled?

If I were advising a similar client who wanted to bring civil action, I would tell him or her that the arrangement could cause problems, though it doesn't always because it's not an admission of guilt nor an acceptance of liability. In general, the wisest advice is to say that it could have an impact. If a client alerts me that he or she may be looking for a lawsuit, I would pursue an arrangement that states explicitly that he or she don't accept the underlying claim.

About the expert

This criminal lawyer is currently a Partner for a boutique criminal law firm in Toronto. He received his B.A. in Political Science from York University and his LL.B. from Osgoode Hall Law School. The expert frequently appears before all levels of Ontario court, and is a frequent guest speaker in the field of criminal law for many Ontario organizations. He is also active as a Legal Analyst for a radio show, television show, and newspaper. The expert is an active member of several professional organizations, including the Criminal Lawyers' Association, and he has been nominated as one of the 25 Most Influential Lawyers in Canada by Canadian Lawyer Magazine twice.

E-071371

Specialties:

Law