The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50818
opinion Group Publisher: Karen Lorimer Editorial Director: Gail J. Cohen Staff Writer: Glenn Kauth Copy Editor: Heather Gardiner Creative Director: Einar Rice Art Director: Bill Hunter Account Co-ordinators: Alice Chen and Catherine Giles Contributors: Robert Todd, Kelly Harris, Jean Sorensen, Geoff Kirbyson, donalee Moulton Canadian Lawyer is published 11 times a year by Canadian Lawyer Magazine Inc., 240 Edward St., Aurora, Ont. L4G 3S9 (905) 841-6480 Fax: (905) 727-0017. All rights reserved. Contents may not be reprinted without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information pre- sented is compiled from sources believed to be accurate, how- ever, the publisher assumes no responsibility for errors or omissions. Canadian Lawyer Magazine Inc. disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Advertising Sales Representatives Legal Suppliers: Kimberlee Pascoe Tel: (905) 713-4342 E-mail: kpascoe@clbmedia.ca Law Firms: Karen Lorimer Tel: (905) 713-4339 E-mail: klorimer@clbmedia.ca Kathy Liotta Tel: (905) 713-4340 E-mail: kliotta@clbmedia.ca Sales Co-ordinator: Sandy Shutt Tel: (905) 713-4337 E-mail: sshutt@clbmedia.ca Canadian Lawyer Magazine Inc. President: Stuart J. Morrison 240 Edward St., Aurora, ON L4G 3S9 Phone: (905) 841-6480 Fax: (905) 727-0017 E-mail: canlawmag@clbmedia.ca Web: www.canadianlawyermag.com Publications Mail Agreement #40766500 ISSN 0703-2129 Copyright © 2009 G.S.T. Registration #R121349799 RETURN UNDELIVERABLE CANADIAN ADDRESS TO: CIRCULATION DEPARTMENT 240 EDWARD ST., AURORA, ON L4G 3S9 RETOURNER TOUTE CORRESPONDANCE NE POUVANT ÊTRE LIVRÉE AU CANADA AU SERVICE DES PUBLICATIONS 240 EDWARD ST., AURORA, ON L4G 3S9 Circulation/Address Changes/Subscriptions Kristen Schulz-Lacey Toll Free: 1-888-743-3551 Ext. 4355 Fax: 905-841-4357 E-mail: kschulz-lacey@clbmedia.ca Subscription rates: Canada1 year print and digital $65 plus GST, 1 year digital only $55. Outside Canada 1 year print & digital $94.50 (USD), 1 year digital only $40.00(USD). Student rate 1 year print and digital $36 plus GST, 1 year digital only $20 plus GST. For all circulation inquiries and address changes send a copy of your mail- ing label or labels along with your request in writing to Canadian Lawyer 240 Edward Street, Aurora, ON, L4G 3S9 Indexed in the Canadian Periodical Index Indexed in the Canadian Periodical Index www. C ANADIAN Law ye rmag.com JULY 2009 3 EDITOR ' S DE SK BY GAIL J. COHEN Onside of the mythical line O ur cover story this month deals with Louis Pasquin, the first lawyer in Canada to be found guilty of gangsterism. During his trial, it was revealed Pasquin used his home to help a couple of drug dealers and even conspired with them to traffic drugs. Pasquin has been practising law for more than 20 years. His clients have included Hells Angels and members of the mafia. Last month, at Pasquin's sentencing, Quebec court Judge Carol St-Cyr said in handing him a 54-month sentence that Pasquin had facilitated the achievement of illegal ends and abused lawyer-client privilege when he discussed drug deals. At press time, he was out on bail as he'd appealed the conviction. Pasquin had at first agreed to an interview with Canadian Lawyer for the story but later, reporter Mike King says he changed his mind. Why? We'll never know, perhaps it's related to his appeal. While the transcripts of his trial tell a lot about his case, they don't give much insight into the man and how this lawyer ended up on the wrong side of the law. There are lots of stories of lawyers gone bad but taken as a percentage of lawyers as a whole, there really aren't that many. But while statistics from legal insurers might show the largest number of claims relate to real estate law, it's really criminal lawyers whose clients most often bring them face-to-face with moral dilemmas. Not being a practising criminal lawyer, I reached out to a number of friends who have been doing it for many years and asked their thoughts about what keeps them on the straight and narrow and what they think may cause lawyers to stray. To me, greed and ego would seem to be the predominant reasons that a lawyer would "cross the line," so to speak. My experienced friends agreed but one, who has defended not only criminals but lawyers who've come up against their regula- tors for one reason or another, made an interesting point: "Before you cross the line, you need to recognize the line." That recognition is not always inherent and keeping yourself on the right track is not a solo operation, it requires a support network, he said. That's not a touchy- feely thing, but rather a group of people to bounce things off, share ideas, ask questions, get feedback. One of the biggest problems is that many criminal lawyers don't work in a firm or even in association with others and aren't comfortable seeking out assistance because it could be seen as a sign of failure. "Most of these problems occur in the dark," said my learned friend on the issue of lawyers getting a little too involved with their clients. Another colleague said he'd never had a client tempt him to go to the dark side but noted that he views his job as 50 per cent defending his clients and 50 per cent defending himself — keeping a clear head, being as transparent as he can about everything, getting clear written instructions from clients, leaving conversations if they get to a sketchy point. For him the "line" is clear and he says his clients frequently tell him they appreciate that about him. Everyone I spoke to agrees: it doesn't matter how or why you do cross that mythical line, it will catch up with you, personally and/or professionally. So reach out to others for help, take the long view of things, and don't take the easy way out. It's not who your clients are but who you are that will stand you in good stead.