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May Advocate 2017

THE ADVOCATE V O L . 7 5 P A R T 3 M A Y 2 0 1 7 467 pervert the law to favour or prejudice any man, but in all things shall conduct himself truly and with integrity. In fine, the King’s interest and his fellow-subjects he shall uphold and maintain according to the constitution and laws of this province. Consult Your Lawyer DEFENCE OF “GUILTY” PERSONS Client: How can you defend a person whom you know to be “guilty”? Lawyer: No one is guilty in law until a judge (or jury) hears and decides the case. It is the lawyer’s right and duty to present to the judge (or jury) every fact and argument on behalf of an accused person (which may be rightly and properly presented) so that the judge or jury may be able to judge of his guilt or innocence. It is also the duty of the lawyer to make sure that every charge laid against his client has been proved, and to present every proper defence. A lawyer has no right or duty to pre-judge his client. A lawyer cannot know whether his client is guilty or not until all the evidence is heard and the judge has given his finding. In Canada a person is innocent until found guilty by a judge (or jury). It is the essence of justice that every man have the right to his day in court. The aid of a conscientious lawyer must be at the service of a person accused as well as the state. Consult Your Lawyer LEGAL CHARGES Client: I wish to consult you and would like to know how much your charges will be for your services. Lawyer: A lawyer’s charges for his services are based upon the amount of time required, the difficulty of the matter and the amount involved in it. A tariff of legal charges which fixes the fee to be charged for most legal services is in force. This tariff is settled by the judges of the Supreme Court. The charge for services will be in accordance with this tariff, unless a special arrangement is made.


May Advocate 2017
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