Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m A p r I L 2 0 1 5 17 Most people take the former point of view, although recently I have detected a weak- ening of this sentiment. Perhaps everyone by now is just weary of the whole business. It seems like it has been going on forever. When will the madness stop? The irony is that the law society's bizarre victimization of Groia has done far more damage to the administration of justice than anything Groia ever did or said. It raises doubts about how vigorous- ly a defence lawyer can advocate for his client, and that is not good for the reputa- tion of the justice system. Nordheimer himself noted, "it is the accused person who generally faces the most severe form of penalty known to our justice system — the potential loss of their personal lib- erty." The accused confronts the state, the most powerful and frightening opponent of them all. Surely the accused's lawyer should do everything possible to help and protect him? The idea that the justice sys- tem is a delicate flower that should be suf- fused with politesse is, frankly, ludicrous. And it has not gone unnoticed that while all the stops have been pulled out to go after Groia for being impolite, the law society seems to have had a relaxed approach to lawyers who have done things like run off with their clients' money. The Toronto Star reported in 2014, "more than 230 lawyers disciplined by the law society since 2003 for criminal-like activity stole, defrauded or diverted some $61 million held in trust funds for clients. Fewer than one in five of those lawyers were charged criminally." The Star found that, unlike in most other provinces, the Law Society of Upper Canada did not, as a rule, report bad lawyers to police. The LSUC has now agreed, somewhat reluctantly it seems, to report alleged fraud by lawyers to the police on a timely basis. Frank Addario, a prominent Toronto criminal lawyer, has described the LSUC/ Groia struggle as "a historic clash between defence counsel's obligation to represent clients fearlessly and the justice system's desire for courtroom civility and deco- rum." He says the controversy "threatens the very foundation of what it means to advocate on behalf of a client." Addario is clear that it is not worth fettering the fun- damental role of defence counsel for the sake of civility. He has at least one strange bedfellow. Conrad Black has written: "I was astounded at the sanctimonious pet- tifogging of these nasty proceedings. The complainants are among our traditionally most decayed servitors. . . ." I never thought I'd say this: Conrad Black is right. Philip Slayton's new book Mayors Gone Bad will be published in May. The irony is ThaT The law socieTy's bizarre vicTimizaTion of Groia has done far more damaGe To The adminisTraTion of jusTice Than anyThinG Groia ever did or said. Starting a business, making a will or buying a house? Declaring bankruptcy, dealing with a personal injury, insurance claim or job loss? If you're in the midst of one of life's big events, help is as close as your smartphone, tablet or computer. Simply go to www.CanadianLawList.com to find the right lawyer for your particular legal need. www.CanadianLawList.com is Canada's most comprehensive online directory of lawyers and law firms. And it's easy to use! You can search by city, legal specialty, or name for listings and contact information. Find the legal expertise you need at www.CanadianLawList.com. g a house? nal injury, help is as Si l legal expertise? Looking for Find exactly what you need at www.CanadianLawList.com and it's available to you 24 hours a day. s available y availabl y CLLwebsite_CL_Jan_14.indd 1 13-12-03 11:07 AM

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