The Law Garage
Come in for your tune-up in the Law Garage and learn from leading professionals in the criminal bar
Displaying Episode 41 - 50 of 61 in total of The Law Garage with the tag “appeals”.
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Bail Hearings with Cat Mercer
February 10th, 2021 | Season 1 | 40 mins 2 secs
appeal, appeals, canada, canadian law, case, court, crime, criminal, criminal defence, crown, defence, evidence, jury, jury trial, law, law school, lawyer, murder, police, project, prosecutor, stand, supreme court, toronto, trial, true crime, witness
“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
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Building a Relationship with Your Client with Rudi Covre
February 10th, 2021 | Season 1 | 28 mins 15 secs
appeal, appeals, canada, canadian law, case, court, crime, criminal, criminal defence, crown, defence, evidence, jury, jury trial, law, law school, lawyer, murder, police, project, prosecutor, stand, supreme court, toronto, trial, true crime, witness
“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
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Disclosure and Trial Preparation with Stephen Bernstein
February 3rd, 2021 | Season 1 | 47 mins 35 secs
appeal, appeals, canada, canadian law, case, court, crime, criminal, criminal defence, crown, defence, evidence, jury, jury trial, law, law school, lawyer, murder, police, project, prosecutor, stand, supreme court, toronto, trial, true crime, witness
“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
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Appeals with Erin Dann
January 27th, 2021 | Season 1 | 40 mins 7 secs
appeal, appeals, canada, canadian law, case, court, crime, criminal, criminal defence, crown, defence, evidence, jury, jury trial, law, law school, lawyer, murder, police, project, prosecutor, stand, supreme court, toronto, trial, true crime, witness
“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
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Sentencing with Marco Sciarra
January 20th, 2021 | Season 1 | 49 mins 30 secs
appeal, appeals, canada, canadian law, case, court, crime, criminal, criminal defence, crown, defence, evidence, jury, jury trial, law, law school, lawyer, murder, police, project, prosecutor, stand, supreme court, toronto, trial, true crime, witness
“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
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Trials and Pre-Trial Motions with Hussein Aly
January 13th, 2021 | Season 1 | 33 mins 33 secs
appeal, appeals, canada, canadian law, case, court, crime, criminal, criminal defence, crown, defence, evidence, jury, jury trial, law, law school, lawyer, murder, police, project, prosecutor, stand, supreme court, toronto, trial, true crime, witness
“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
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Pre-Trial Motions with Leora Shemesh
January 6th, 2021 | Season 1 | 38 mins
appeal, appeals, canada, canadian law, case, court, crime, criminal, criminal defence, crown, defence, evidence, jury, jury trial, law, law school, lawyer, murder, police, project, prosecutor, stand, supreme court, toronto, trial, true crime, witness
“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
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Ethics and Professional Responsibility with Darryl Singer
December 30th, 2020 | Season 1 | 39 mins 49 secs
appeal, appeals, canada, canadian law, case, court, crime, criminal, criminal defence, crown, defence, evidence, jury, jury trial, law, law school, lawyer, murder, police, project, prosecutor, stand, supreme court, toronto, trial, true crime, witness
“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
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Trials and Jury Trials with Jennifer Penman and Dirk Derstine
December 16th, 2020 | Season 1 | 36 mins 24 secs
appeal, appeals, canada, canadian law, case, court, crime, criminal, criminal defence, crown, defence, evidence, jury, jury trial, law, law school, lawyer, murder, police, project, prosecutor, stand, supreme court, toronto, trial, true crime, witness
“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
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Work/Life Balance with Doron Gold
December 9th, 2020 | Season 1 | 42 mins 10 secs
appeal, appeals, canada, canadian law, case, court, crime, criminal, criminal defence, crown, defence, evidence, jury, jury trial, law, law school, lawyer, murder, police, project, prosecutor, stand, supreme court, toronto, trial, true crime, witness
“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