The Law Garage

For the last day in the garage this season, we ask the guests of season 2 to tell us about their favourite law related movies and it was a lot of fun!

Today in the garage we asked the guests of season 2 their favourite courthouse eats and their go to nearby watering holes

Today in the garage. we ask the guests of season 2 to answer the following question: "how do you defend those people?"

Today in the garage, we asked the guests of season two if they had a question for me. Of course, being lawyers, many of them couldn't resist putting me on the spot

In the Season 2 Finale of The Law Garage, Anthony, Laura and I got together for the first time during the pandemic on a Friday afternoon with a few beers and talked about the law. This episode is uncut and unedited and some of the content may be offensive to some audience members, listener discretion is advised.

In this week's episode of The Law Garage, Annamaria and Ryan tell us about their circuitous paths into criminal law, how they navigate social media as lawyers, and the counsel that have most influenced their careers.

In this week's episode of The Law Garage, Daniel and Angela discuss their start in criminal law, the ups and downs of Zoom court, and various counsel that have influenced their careers.

In this week's Law Garage Bella and John discuss the some funny moments in Old City Hall, some difficult losses and their experiences of working with two legends of the Bar.

In this week's Law Garage Marco and Lana discuss making the decision to open their own practice, the lawyers that influenced them along the way, and how those experiences have shaped them in their criminal law journey.

This week in the Garage, Pawel and Kelsey tell us about their start in criminal law, some interesting defences, and the experience of acting in a trial with the legendary Hersh Wolch.

In today's Law Garage, Michelle and Harpreet discuss the future of a centralized Toronto courthouse, the pivots in the practice of criminal law during the pandemic, and offer some advice about raising children in criminal defence.

In today's Law Garage, Jennifer and Craig discuss their unique experiences that brought them to Criminal Law, the differences between Crown and Defence work, and the excitement of Charter litigation.

In today's Garage, Megan and Andrew tell us about their early experiences at the Bar, their motivations as lawyers, and the methods they use to cope with the tough losses.

Daniel makes clear, “…one of the things you have to realize is you don't get to control the media and that no matter how much or how thoughtful you are in saying the things that you're saying, the journalist may choose to use all, some, none or take something potentially out of context. That's the risk that you take when you are speaking to the media.” Daniel Brown is among an elite group of defence lawyers certified as a criminal law specialist by the Law Society of Ontario, the governing body of Ontario lawyers. This certification guarantees that the recipient is, “recognized and experienced in his or her field of law and who has met high standards”. Much of Daniel's legal practice is focused on representing people who are strangers to the justice system. He quite often represents successful professionals who have found themselves in unfortunate and unfamiliar circumstances. Listen in to learn more on how to build a practice and deal with the media. Produced by: Zenia Sethna and Jason Cooper

Phil gives us advice on solicitor-client confidentiality when using the different types of client-management software available: “You need to look at their terms of service and their privacy policy because it is important to know where your information is stored. It is something you might consider adding to your retainer agreement. I know if you're doing a security certificate case for instance, quite likely your client isn't going to want their information stored in a server in the US.…The important part is know what the tool is that you are using, know where the information is.” Phil Brown attended Dalhousie University and practiced criminal law as a sole practitioner. He has been counsel with the Practice Management Helpline for 12 years and has developed a series of technology podcasts with David Whelan. Phil has been a frequent speaker on ethics and professionalism topics and has a particular interest in the intersection of technology and its impact on the future practice of law. Listen in to learn about Ethics and LSO's Practice Management Helpline. Produced by: Zenia Sethna and Jason Cooper

“I think if you practice with [this] at heart: The desire to not be so reckless, the desire to be careful, to reach out and to not be afraid of not knowing the answer to something, not being so prideful that you don't want to ask. I think you end up getting a much better practice, you give better service, and I think your reputation only improves because of it.” Nadia Liva is committed to providing her clients with trusted counsel and skilled representation. A lawyer with over 25 years of experience in criminal, regulatory and administrative law, Nadia's practice is quality driven and is focused on achieving the best results for her clients. Nadia's negotiation skills and creativity result in resolutions which maximize benefits and minimize damage to her clients, not only personally and professionally, but financially as well, avoiding the high costs associated with costly drawn out litigation. Nadia provides experienced legal advice, sound judgment, superior strategic representation and skilled advocacy with the highest level of commitment to her clients. Listen in to learn more about Ethical Lawyering and Dealing with the Law Society. Produced by: Zenia Sethna and Jason Cooper

“The best way that I view myself is I'm the shield for my client. I'm their shield of protection, I'm their shield of armour. I want to protect them and defend them to the best of my ability…. If your lawyer doesn't like you, how are you going to have your lawyer convince the judge to like you or the jury to like you? That's why it is very important that you get along with your client, build that relationship with your client and like your client.” Elham Jamshidi is an experienced litigation attorney with an expertise in criminal law. She has appeared in hundreds of criminal matters as an advocate, including several reported cases. Her cases have included clients accused of murder, sexual assault, robbery, guns and gangs, fraud, and drug offences. In every case, Elham believes in a well-prepared and aggressive defence of the rights of the accused person. Listen in to learn about Elham's practice when working to build a relationship with her client and her journey in building her reputation. Produced by: Zenia Sethna and Jason Cooper

“My main advice to sureties is to always be honest because things that they think make them sound less credible make them sound more credible….The JP will know if you're trying to make yourself sound like…you've never done anything wrong in the entire history of your life. But if you say, “20 years ago I had a bunch of criminal record stuff but I cleaned up my act” – that is really good for their credibility.” Cat Mercer is a sole practitioner, practicing in the Greater Toronto Area. Her firm is called Mercury defence law. You can reach her at 647-812-7218. Listen to Cat speak about bail hearings and her experience carrying out bail hearings of her own as a new lawyer. Produced by: Zenia Sethna and Jason Cooper

“You have to be transparent. Again, it goes back to setting realistic expectations with your client. You certainly don't want to give them any false hope, but then again you don't want to put them in a position where they are feeling so down-trodden and depressed over what's going on that they lose hope. You need to strike that balance there as well but there has to be transparency….I use the analogy of a doctor with my clients on many occasions because for example, doctors can't always give a patient good news. If they have a certain ailment…they have to be told. The same analogy applies to clients when they come in.” Rudi Covre has conducted hundreds of trials at both the Ontario Court of Justice and the Superior Court of Justice. A relentless advocate who approaches every case with a “leave no stone unturned” attitude, Rudi Covre has garnered a reputation as a fierce advocate who strives for victory in each case he defends. Listen in to learn more about Rudi's insight on how he builds a relationship with his clients. Produced by: Zenia Sethna and Jason Cooper

“How do we allow our clients access to their disclosure? After all, it's their case and they will give us instructions based on the disclosure. We, as lawyers, in looking at disclosure come up with our strategy, what the issues are. Our clients may not agree with it, but our clients have a right to at least know the case against them. It's very important that we don't cut them out because too many people forget that the most important person in any prosecution is the client.” Stephen Bernstein is the senior partner at Bernstein Newman and Associates. He has been committed to defending individuals charged with criminal offences for over 20 years. Stephen is well-known for bringing compassion, passion, and excellent tactical skills to every case. Stephen takes pride in vigorously defending any case, big or small. He has experience with all types of criminal charges including, but not limited to assaults, drug offences, robberies and murders. Learn more about Stephen's practice with Disclosure and Trial Preparation. Produced by: Zenia Sethna and Jason Cooper

“Anything you can do to be helpful to the judge is good advocacy. You want to make their job's as easy as they can be to accept your argument. If they have to do extra work to get to your side, that's not great advocacy.” Erin Dann practices at both the trial and appellate levels with Embry Dann LLP. Erin is a member of the Pro Bono Inmate Appeal Program, a co-ordinator for the Supreme Court Advocacy Institute and a member of the Queen's Law Moot Advisory Council. She is a regular speaker at continuing legal education seminars and an adjunct professor at Osgoode Hall Law School and the Faculty of Law at Queen's University. Learn about appeals from Erin Dann and her journey to becoming an appeal lawyer. Produced by: Zenia Sethna and Jason Cooper

“You're going to ask for the best possible outcome that you think you can get for your client. And if that outcome is available to you, supported by the case law and by the materials that you've provided, then you advocate for it - you are not going outside the scope of the law when you're doing that.” Marco Sciarra is a criminal defence lawyer with a particular interest in defending serious violent offences. Learn more about his practice of learning about his clients and how he prepares for sentencing submissions. Produced by: Zenia Sethna and Jason Cooper

“When you're doing a jury trial, the first place to start is your closing address because when you know what you're going to say at the end, that's what gives you the roadmap throughout the trial to understand this evidence is important because it supports what I'm going to say at the end. If something is not going to be said at the end and doesn't support your case, don't worry about it.” Hussein Aly is a Barrister and Solicitor with Rusonik, O'Connor, Robbins, Ross & Angelini. Hussein credits his tremendous success as a trial lawyer on his mentorship from his partners, but his partners recognize a natural when they see one. Partner Brian Ross says, “Hussein is incredible. And the most incredible thing about him is that he is consistently incredible. Hussein is also renowned among lawyers outside of the firm. He's regularly asked to present on criminal law issues to other criminal lawyers and he writes a regular column about them for the Criminal Lawyer Association's regular publication, ‘For the Defence'. Learn from Hussein Aly about Pre-Trial Motions and his love of the trial. Produced by: Zenia Sethna and Jason Cooper

“You take your cues from your client. If he's black and blue and he's adamant that he was done wrong by the police, I bring the application. And I don't hope for success, I drive it for success. You are their voice and their advocate and you're going to vigorously put their application before the court to suggest that this was not okay, this was not right. Is it the clearest of cases? That'll be up to the judge to decide however, you litigate the case as if it's the clearest of cases.” Leora Shemesh has appeared at all levels of Court, and continues to maintain a busy practice focusing on the Charter of Rights and Freedoms and defending her client's constitutional rights. Leora has been a part of ground-breaking cases involving the legalization of marijuana in the now infamous case of Regina v. Hitzig. She had challenged the limits of strip searches on women in York Region and she has vigorously defended many clients defending their constitutional rights to privacy, and security. Leora's practice focuses on search warrants, search and seizure and the police use of excessive force. Leora defends all of her clients vigorously and persuasively with compassion and passion. Leora often assists young criminal lawyers in Toronto with mentorship and guidance. Learn about Leora's practice with Pre-Trial Motions and her advice for lawyers in this area. Produced by: Zenia Sethna and Jason Cooper

“When we talk about ethics in law school, it's all about things like don't steal money from your trust account, don't cheat your client…that's the obvious stuff.…Being an ethical lawyer goes beyond that. It's about making decisions in the day to day of your practice that aren't about you. They are about the best interests of your client.” Darryl Singer heads up Diamond & Diamond's Commercial and Civil Litigation Practice Group. He also continues to run a sizeable Personal Injury practice. Darryl has almost 25 years of trial experience, having graduated from Osgoode Hall Law School in 1991 and being called to the Bar in Ontario in 1993. For more information about Darryl or to read his articles, see his personal website at www.darrylsinger.com. Listen to learn more about his personal story regarding Ethics and Professional Responsibility as a lawyer. Produced by: Zenia Sethna and Jason Cooper

“What you are doing in your cross-examination is trying to paint a picture…It's theatre because you're conveying a message. It's theatre when you walk up to your accused's water glass and drink out of his water glass because he's just a regular guy. It's theatre when you put your hand on his shoulder in the box because he's just a human being just like you, he's not some sort of monster….It's important that every cross examination be curated for exactly what it is intended to do and that it not all be monochromatic.” In 1999, Jennifer and Dirk joined as partners in the firm, Derstine Penman, where they continue to be partners today. Since becoming a lawyer, Jennifer Penman has practiced criminal defence law at all levels of the Ontario courts. Over the course of her career, Jennifer has vigorously defended any and all types of criminal charges in numerous jury and non-jury trials with charges ranging from murder to manslaughter and sexual assault to trafficking drugs. Dirk Derstine was called to the bar in 1993 and has dedicated his career to providing a strong defence to those charged with very serious crimes. He has been counsel in over a hundred jury trials and over forty murder trials, a number of them being extremely high profile and complex homicides. He also frequently appears on indictable appeals, both in the Ontario Court of Appeal and the Supreme Court of Canada. Learn about Jennifer and Dirk's love for the courtroom and their practice when preparing for trials and jury trials. Produced by: Zenia Sethna and Jason Cooper

“Coaching typically starts with people reaching out…We start with creating some goals: What goals do you want to achieve? What do you want to do? Do you still even want to be a lawyer? Issues like that. And then we set up an accountability system.…Having someone who is going to monitor your accountability to get to the next level is very important – that's where people struggle.” Michael Bury, Principal of Blue Pond Coaching in Toronto, provides private executive coaching services for lawyers and paralegal professionals in Canada. He graduated with a Bachelor of Arts (Hons) in English and Philosophy from the University of Toronto in 1988, before earning his Bachelor of Laws from Western University in 1991 and his Master of Laws in Business Law from Osgoode Hall Law School in 2003. As a Certified Executive Coach with Blue Pond Coaching and volunteer member of the Law Society of Ontario's Coach and Advisor Network, he helps legal professionals develop essential survival skills to deal with their career challenges. Listen to Michael speak about work/life balance and his tips for dealing with the stress of the profession. Produced by: Zenia Sethna and Jason Cooper

“I've been working in lawyer assistance now since 2006, the issue has always been the same – a profession full of people with higher incidences of depression, anxiety, substance use disorders by a factor of 2 to 3 compared to the general population. That same population is less inclined than the general population to ask for help…You've got a whole bunch of people that need more help than the average person and are less inclined to go seek it.” Doron Gold is a psychotherapist and former practicing lawyer living and working in Toronto, Canada. He is registered with the Ontario College of Social Workers and Social Service Workers as well as with the Law Society of Upper Canada. His personal experience working in the legal profession, coupled with his many years of experience working with lawyers in distress at the Ontario Lawyers' Assistance Program (OLAP) have given him a unique and valuable perspective on the challenges faced by these individuals. Because he understands their lives and their unique challenges, he is able to speak a type of shorthand that allows them to relax and feel seen, heard and understood while not feeling judged. Learn about work/life balance and creating boundaries in your practice from this experienced psychotherapist. Produced by: Zenia Sethna and Jason Cooper

“A client is the most important individual from a defence lawyer's point of view, so be fearless. Present every legal argument effectively and don't be afraid to defend the client with the best ability you can.” Nadir Sachak is an experienced and respected criminal lawyer in Toronto with an outstanding reputation as a trial advocate, is committed and devoted to his clients, and treats them with dignity, respect and integrity. Nadir is known for his exceptional ability to achieve desirable results as he completely devotes his efforts and time to the people he represents. Nadir practices in all areas of criminal law including homicides, drug offences, property crimes, fraud, domestics, sexual assaults and impaired driving. Learn about the importance of the preliminary inquiry and the different ways to approach it given the circumstances of the case. Produced by: Zenia Sethna and Jason Cooper

Lisa discusses the time it takes to run an appeal as a practicing trial lawyer: “Appeals take so much time and when you're in trial courts and tomorrow the judge wants to see the law, you've got to have the law done for tomorrow. So the appeals, they sit over your back shoulder and the transcripts seem to grow in size and you never get a chance to sit down with them. It is a massively time consuming thing because you're looking at reading every word of what was said at the trial.” Lisa Jørgensen maintains a busy trial and appellate practice, focused on criminal and constitutional litigation. She regularly appears in all levels of court in Ontario, as well as the Supreme Court of Canada and administrative tribunals. Lisa has experience defending professionals facing disciplinary proceedings, including allegations of sexual or financial misconduct. Lisa is also a director of the Criminal Lawyers' Association, volunteers her time with pro bono litigation and education projects, and is committed to ensuring access to justice for all. Learn about Appeals and Lisa's tips for lawyers who wish to practice in this area. Produced by: Zenia Sethna and Jason Cooper

“What I've noticed is that in many cases, many trials, no one even says “Hi” to the accused. How does that person feel? It's their trial!...It's their day, this is very important to them. It may be the most important thing they do in their whole life - try to exonerate themselves.” After exposure to the justice system, addictions, mental health issues and loss, Jessyca Greenwood quickly learned that without an advocate by people's side, they were left defenceless. Jessyca has earned standing as a powerful defender of her clients and strongly believes in a presumption of innocence and the client's right to have their voice heard. Jessyca has been fiercely guiding and defending clients facing allegations of wrongdoing for more than a decade. She has appeared before all levels of Court in Ontario and frequently as amicus curiae to assist persons without Counsel as a friend of the Court. Produced by: Zenia Sethna and Jason Cooper

“The idea of collecting evidence yourself: Many of our cases now are cases in which there is video surveillance, you need to understand how important that is. So, for example, your client says to you, “I couldn't have been there because I was actually grocery shopping at the Metro at this location ,” – get the video from the Metro at that time!….Don't ask the police to go find it for you because you'd be surprised at how things just disappear if you're not on top of it.” R. Roots Gadhia is a criminal defence lawyer in private practice in Toronto. Always an advocate for the underdog, Roots represents clients facing criminal proceedings ranging from drug offences, sexual and aggravated assaults to manslaughter and murder. Learn about Roots' approach to a Crown Pre-Trial and Judicial Pre-Trial. Produced by: Zenia Sethna and Jason Cooper

Though factums are not always required: “My own preference is to always do a factum…As erudite as [Judges] may be, no one has every proposition of law at their fingertips. So just by doing a factum you are being helpful to the judge…In the vast majority of cases, [judges] are persuaded by the written argument, and oral argument makes a difference in a slim minority of cases. Armed with that knowledge, it is almost incumbent upon us to make sure that our written materials are really top notch in every single case.” Nader Hasan practises criminal, regulatory and constitutional law at the trial and appellate levels. He defends clients accused of criminal misconduct in a variety of cases, including white collar crime (fraud, money laundering, foreign corruption), violent offences (homicide, terrorism, sexual assault), drug offences, and professional misconduct. Nader has been recognized by Best Lawyers magazine as one of Canada's leading appellate lawyers. Learn more about Nader's practice during Pre-Trial Motions and the tips he has to offer. Produced by: Zenia Sethna and Jason Cooper

When discussing what advice she gives her clients who are about to be investigated by police: “Answer all questions by saying, “I'm staying silent on the advice of my lawyer”, and you call me as soon as you get a phone – That may be the most important thing to get through to a client.” Stephanie DiGiuseppe is a partner at Ruby Shiller Enenajor DiGiuseppe. Stephanie regularly represents individuals facing serious criminal charges, including homicide, charges stemming from large-scale narcotics and firearms investigations (“Projects”), domestic assault, and sexual assault. She specializes in the litigation of complex cases and constitutional challenges, such as challenges to legislation, search warrants, and wiretaps. Learn about pre and post charge police investigatory powers and how Stephanie handles this when working on a case. Produced by: Zenia Sethna and Jason Cooper

Reid describes why bail is important: “It is a desperate fight now to make sure a person gets bail. It's always been true that [bail] was always critical in terms of giving the person the best chance to defend themselves…everything from being able to prepare them to testify so that their appearance is better, their health is better…they can assist in finding witnesses….There's a million reasons why you've got to get them out.” Reid Rusonik has been practicing criminal law since 1984. Since the mid-90s, he has been the managing partner of Pinkofskys and now Rusonik, O'Connor, Robbins, Ross & Angelini, LLP. He's done hundreds of contested trials and even more bail hearings as well as countless dozens of bail reviews. He believes getting a client bail is both the most critical part of a successful defence and a successful practice. Produced by: Zenia Sethna and Jason Cooper

"It's the lawyer that drives the bus, the client gets to make some very key decisions - that's their absolute and unfettered right - but beyond that it is you that has carriage of the case, it is you as the lawyer that makes certain important decisions which draw upon your knowledge, your expertise and…your mentors." Aman Patel is a sole practitioner who concentrates on criminal law and related areas. He is experienced in representing individuals and corporations in a broad range of matters such as cross-border complex fraud and commercial crime as well as advocating for those affected by crime. Learn about the client interview and the importance of organization and continued documentation when working with clients. Produced by: Zenia Sethna and Jason Cooper

“The first thing you have to do is you have to separate yourself from the consequences. The consequences of a murder case are obviously extremely serious, if a person if convicted, it's life sentence…You have to say to yourself, ‘I'm going to do everything I can for this individual, but I have to be okay with the consequences of that.'” Marco Sciarra is a criminal defence lawyer with a particular interest in defending serious violent offences. Learn more about his journey to becoming a defence lawyer with a large murder practice and his favourite parts of a trial. Produced by: Zenia Sethna and Jason Cooper

“If someone is being investigated for a homicide, the only advice I give them is to shut the f#*$ up, and that advice is free.” Jordana Goldlist is a leading professional, practicing high risk criminal litigation. Learn about her thoughts on how to run a large project case or murder trial and experience through her eyes the “theatre” of the trial. As an extension of The Garage Series, this next project works to expand upon Paul M Cooper's long-standing commitment of making continuing legal education accessible for everyone. Come in for your tune-up in the Law Garage and learn from leading professionals in the criminal bar. From the beginning of a police investigation to the trial or jury trial, gain insight into the working minds of experienced defence practitioners. For young lawyers: learn what they could not teach you in law school. For seasoned members of the criminal bar: come on in for your tune-up. Produced by: Zenia Sethna and Jason Cooper