TORONTO CRIMINAL LAWYER: THE STRAIGHT GOODS

I am often asked what percentage of cases I have won.   I never win.   The client is the one that “wins”.   I don’t believe in posting the outcome of my cases.   I doubt my clients would appreciate it.   Discretion is what I provide.   If I were a client,  I wouldn’t want my name, or even my initials plastered on my website, with an accompanying description of my charges and the facts.   Further,  there are circumstances that facilitate a win that have little to do with my ability.  I would hardly want to take credit for it.

The truth is,  the outcome of your case usually depends on the lawyer’s advocacy skills, combined with who the players are.    As a general rule, it is difficult to either pick the Judge or the Crown.   Some Judges are favourable to the defence, others to the crown.   Some crowns are more conservative than the others.   It is, sometimes, the luck of the draw.   Having said that,  choosing an experienced, well respected advocate is so important.

So…when a client retains me,  they tell me their wish list.   I try to deliver it all.   That is my goal.   If I cannot deliver it all,   I tell them.   I don’t tell them at the courtroom door.   I tell them not what they want to hear,  but the “straight goods”.  I am realistic.  I am also driven.   I will never stop trying to deliver.   I will never stop trying.   I will expend all my energy, my wisdom, my “tricks” to achieve their goal.

If you ask me if I achieve their goals most of the time?  Yes, I do.  That is because when a client hires me,  they expect me to work tirelessly.   They deserve it.

 

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TORONTO CRIMINAL LAWYER: WHO TO TRUST?

I am a successful criminal lawyer.  I do not judge, nor is my treatment of my client dependent on the crime they are alleged to have committed.  I do not expect a doctor to treat a patient better or worse, depending on who they are or aren’t, for that matter.  When a client retains me, I approach it with a view to having the matter “thrown out of court”.   My approach may change, depending on the evidence gathered by the crown, or gathered by my team.  Sometimes the case is overwhelming.   I am a criminal lawyer, not a magician. I never assume that what is written is necessarily the truth.   Sometimes the “case law” is against me.   Sometimes my client has “spilled the beans” to police and no Judge in the Province will “throw it out”.

I have lived and breathed this business since the second day of law school, where I worked in the clinic, representing those charged with minor offences.  My instincts, track record, my immense energy and drive, my knowledge of the law, of the system, my common sense, all come into play.  My client depends on me to fight for them.   Fight is what I do, when it is needed.   Shmooze is what I do when it is needed.

So if you count 22 years as a criminal lawyer as something, you will realize that experience and reputation matter.   My reputation includes being trusted by my colleagues, by the bench, by officers, quite frankly.  That comes with being in the trenches and proving that you mean business and that you will not back down.

If you want me to argue an appeal,  I will probably refer you to an “appeal lawyer”.    If you want me to be your trial lawyer, then you will be comforted to know that you have chosen well.   You can trust me on that.   I love my work and I take my role very seriously.   It is not just my passion, it is my calling.

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Criminal Lawyers: Choose wisely.

Your knowledge of the process is dependent on how well your lawyer advises you.   The outcome of your case is largely dependent on how the lawyer defends you.   Part of our work involves persuasion.   When I deal with crowns or judges,  I persuade them to see my client in the most positive light.  However,  I never try to persuade my client to “take a deal”.  I educate them.   I give them my opinion on the probable outcome.  That opinion is based upon over 20 years of experience in the courtroom.   That opinion is honest, straightforward and without any sugar coating.  When a client retains me,  he/she’s life is in my hands.   I owe it to them to give all of my energy, my passion, my persuasion, my efforts to ensure that they receive the best possible result.   My goal is to have each client’s charges “thrown out” or withdrawn.   Sometimes the case is overwhelming against my client.   I then try to achieve the best sentence for them.   I have earned my reputation as a tough, passionate, smart advocate.   The truth is that I care about every client.   Experience does make a huge difference.   So choose wisely.   It could affect your life, your job, your reputation and your liberty.

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Posted in Criminal Law, Marcy Segal | Tagged , | 1 Comment

A criminal lawyer’s life on the run.

I am in the midst of a murder trial so I do not intend to comment on the trial itself until it is over.    There will be stories to be told.  Patience is a virtue.  I do intend, however, to share with you two things that happened to me today, not for “evidentiary purposes” (classic police term) but for comedy sake. Yes, my life is a comedy at times.

So I am to be in court at 9:00.    I am rarely late.  I call ahead if I believe I am going to be 3 minutes late.  And I still make it on time.  I can think of no better way to anger a Judge then to show up after the clock strikes 12.  You end up spending the rest of the day making up for your mistake.  I try to limit my mistakes to zero.  I am not perfect.

Today my daughter has track and field at 8 am sharp.  So I barely have enough time to grab breakfast before we fly out the door.  My other daughter is forced to walk the 15 minutes with their caregiver, so I have guilt as well.  I make it on time to school and refuse to carry her rainboots to class while she waits at the front door with the rest of the students to run two laps around a field.  Hey, its a start to her marathon career.  Like mother, like daughter.  You see, she has these nice hunter boots that are used for horseback riding.  She has managed to keep them relatively clean and unscathed, but I know that once they are scratched, she will be asking for another pair, claiming they are too cold or some other excuse that she knows I know what she is really upset about.  They are no longer a perfect specimen.  I can live with this guilt.

Where was I…oh yeah:  9 am court:  So im two blocks away and have 12 minutes to spare.  I notice a cruiser in my rear view mirror.  He begins to follow me.  And then it happens, those dreaded sirens.  I pull over.  I jump out of the car and ask him what he is pulling me over for, considering I am to be before a Judge and a Jury in 15 minutes (I always leave 5 minutes of wiggle room to spare).  The officer, straight faced and all, advises me that my validation sticker has expired.  You’ve got to be kidding, im thinking to myself…ok…it’s out loud.   Is there nothing better for him to be doing?  Has crime dried up?  Am I the only non law abiding citizen in Oshawa?  I explain to him that I have to be before a jury and a judge on a murder trial:  he responds in kind:  ”registration, licence and ownership”.   So I respond, so you don’t care if they are waiting?  He then asks:  What is your role?  I knew, from there,  I was screwed.  Had I been anyone else beside a “defence counsel”, I suspect that he would have let me go.

I’m not excusing my bad highway traffic behaviour.  I should be punished accordingly.  But there is something called “DISCRETION”.  Not for this girl.  I couldnt find my registration either so.  Now I am a very bad girl.  After waiting several minutes,  he tells me he is being nice by not giving me a ticket for not having my registration (okay, couldnt find my insurance either) and gives me a ticket only for not having a validation sticker.

So, that was the start of my day.  I was not happy.

During lunch I checked my messages.  I received a voicemail to call a detective in Toronto regarding something “minor…not to worry…something about getting gas this morning and leaving without paying.”  I cannot believe my ears.  I did fill up this morning and specifically recall using my credit card and preauthorizing $100 (what happened to the old days when you would put the card in and push the button).  I called him back and said the only thing I could think of to bring humour to my otherwise stressful day:  ”Why would I want to pay for gas?”  He asked if it was me and we laughed together.  I told him that I was sure that it went through and that I would rectify it as soon as possible.  And you know what he said?  I figured it was a mistake and just call me when you pay them.

What a day.  And I havent even spoken of the trial, or the fact that my girls ate my dinner when I brought it home, or the fact that our dog, peppermint, who refuses to go outside in the rain, will be leaving us gifts all over the house upon our return from their art class this evening.

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The Juggler: Mother and Lawyer

It’s 6:45 p.m. and I am watching my daughter’s horseback riding lesson.  Some of the other mothers are chatting about whether they indulge in whip cream in their hot chocolate at starbucks.  I, on the other hand, am still working, checking emails, returning calls and attempting to unwind from today’s travels to court, to the coroner, back to court, to my daughter’s school, to the barn.

I like to call myself a mother first and a lawyer second.  Quite frankly, I don’t know whether i’m kidding myself.  My daugher was critical of me last week when I missed her jump.  I was probably either on the phone, reviewing a case or perhaps taking a short bathroom break.  The fact that I had rushed through the day to get her to her lesson on time; the fact that her lessons are so expensive that I may have to moonlight; the fact that I treat her to the best riding clothes is lost on her.  I turned my head for 10 seconds or so and for that, I am to be remembered as the mother who was not there for her daughter when she needed her most.

Like my daugher,  my clients deserve the very best I can give them.  Like my daughter, my clients expect my full energy and devotion to their cases.   I am required to be attentive, alert and to provide them with the kind of service that my daughter demands.

Today I appeared before a Judge whom I have known and respected for more years than I can recall.  What I have come to appreciate about him is how seriously he takes his role; how fair and ethical he is; how his intelligence and compassion rules his judgments; how respectful he is of the entire process.  He was faced with a broken victim and a broken accused and his task was to somehow appease them both.  I believe he did so.  I could see how the process had exhausted him today.

I am not a judge.  But I too am faced daily with competing interests:  Balancing my career with motherhood exhausts me sometimes.   My daughters sometimes ask me whether I can find another job that pays as well or better, but takes less time.  My heart aches when they ask me that question.  Today, however, my daughter, whom I had to drag to court in order to get her to her lesson on time, turned to me as we left the courthouse and said:  I think your job is pretty cool, I just wish you didn’t have to work so much.   A small victory…baby steps:  She is beginning to understand my contribution to society.  I am finding that my clients are becoming more understanding of my dedication to my daughters.  Today, His Honour reminded me that balance is essential.

Tomorrow is another day.

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My life as a criminal lawyer.

I knew when I was 11 years old that I wanted to be a criminal lawyer.  I can’t remember where I was at that moment but I thought Perry Mason had the coolest job.  When everyone else thought the accused was guilty, he fought tirelessly to prove them all wrong.  Watching him was magical.  He managed to not only prove his client’s innocence but he was also able to solve the case.  He was smooth and smart and sympathetic and above all, he was not shaken by his peer pressure.  He cared not what people thought of his association to “criminals” as the public would call those accused of a crime.

I have always been sympathetic to the underdog.  I imagine, partly, because I wasnt prepared to accept at face value the opinions of the masses.   I often found that the underdog was in need of protection.  I also had a real aversion to bullying.

So fast forward to today.  I am a female criminal lawyer.  I am 46 years old.  I have two beautiful children who teach me something every day.  I am busy.  I am always moving.  As a mother and a woman with a successful career, I have learned to multi-task.  I divide my time between my children, my practice and my athletics.  I run, I bike, I swim, I weight train.  I have tried to be present for all of my children’s milestones and their day to day routines.  I am passionate about my clients and their cases.  I treat each case as if it was my only case.  It has my undivided attention.  I am not afraid to litigate, nor am I easily intimidated.  My clients deserve no less.  I relieve stress, and there is much of it, by setting physical goals:  I completed my first ironman(perhaps my last) two years ago, after 8 months training.  I had not swam or biked in years, but 14 hours and 40 something minutes later, I was an ironwoman.

I have spent the last 21 years as a lawyer defending the innocent and the guilty.  Every client is a person.  Every Judge, crown, police officer, witness, complainant is a person.  I have learned much about human nature from all the participants in the justice system.  My ability to analyze people is a talent that allows me to succeed in my career.  However, in my personal life, it can be very difficult for those I interact with.  It is a challenge to check my criminal lawyer mode at the front door.  Sometimes there are no hooks.

I love being a criminal lawyer.   I do wonder, from time to time, whether I should have chosen a less stressful career.  In the end, its the greatest job on earth, save and except for the ringmaster!

Goodnight

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