Canadian Lawyer

May 2009

The most widely read magazine for Canadian lawyers

Issue link: https://digital.canadianlawyermag.com/i/50831

Contents of this Issue

Navigation

Page 11 of 47

regional wrap-up Harwood-Jones says his fight, which he won on a decision, was "awesome" but the entire experience wasn't limited to the one-night show for the spectators. "It was the whole process; training, learning to spar, and the camaraderie [with the other fighters] which was so great," he says. Johnston feels much the same way. He says his fight, which he won by TKO in the third round, was "one of the best experiences" of his life. "It takes a lot to put on the gloves and get in the ring with somebody, let alone with 250 people watching you," he says. All three lawyers/fighters say there are many similarities between boxing and being a lawyer. Johnston says preparation is key with the two pursuits. "I have to be well prepared to argue a case in court and you have to be equally physically prepared to step in the ring. With either one, you're dead if you're not prepared." Harwood-Jones agrees and says stepping into a courtroom or the ring is the same kind of emotional experience. "I did litigation before I became a THE WEST Stinchcombe suit requires $630,500 security T he Law Society of Alberta has suc- ceeded in seeking an order for a former Alberta lawyer suing the society to post a $630,500 security for court costs. William Stinchcombe, now living in Australia, is claiming over $16 million as compensation and damages. Stinchcombe was active in Alberta until Sept. 9, 1987, when he was sus- pended following complaints from two clients. There were both civil and crimi- nal cases that followed from 1985 until 2002, when the Alberta Court of Appeal in Stinchcombe v. Law Society of Alberta (Stinchcombe No. 1) directed the law society's charges against Stinchcombe relating to both clients be stayed. Stinchcombe alleges the law society prevented him from earning a living for many years as a lawyer and it is guilty of breach of fiduciary duty, negligence, abuse of process, and malice. He claims financial loss of just under $11 million and other forms of damage amounting to approximately $5 million. In its statement of defence, the LSA pleaded the Limitations Act, the Legal Profession Act (rendering it immune from suit), and that if the disciplinary proceed- ings, which were delayed because of court cases, were heard that Stinchcombe would have been disbarred. Court of Queen's Bench Justice Peter M. Clark, in granting the law society's request, stated his duty was not to judge the suit but to ensure the LSA would be compensated for defence costs if Stinchcombe's suit failed. "Security for costs is designed to protect the defendant from a plaintiff who wants to gamble and collect if he wins, but not pay if he loses. Such a plaintiff acts unfairly, for by his 12 M AY 2009 www. C ANADIAN Law ye rmag.com groundless suit he inflicts serious expens- es on the defendant (Singh at para. 43)," Clark wrote in his February reasons for judgment. Stinchcombe had requested only a $20,000 security. Clarke, in determining the size of the security, said he also looked at whether the law society acted in bad faith. "[T]he evidence before the court, in the form of affidavits, the reported decisions in the criminal cases involving Stinchcombe and the chronology of events . . . does not suggest evidence of bad faith on the part of the law society. Rather, the evi- dence is supportive of the position that the law society made every effort to be fair and even handed in dealing with Stinchcombe in all circumstances." — JEAN SORENSEN jean_sorensen@telus.net corporate lawyer and I remember all the nerves and anxiety associated with going into court and all the intense preparation required. You do all the work in advance. It's the same thing with the work and effort with training and sparring. By the time you step into the ring, you're either on top of your game or you're not. If you're a decent lawyer, you better have done your work in advance," he says. Senft says she found her fight "exhilarating" and is contemplating a second one at Pan Am's upcoming Pink Collar fight night, an evening featuring women-only bouts. She compares boxing to speed chess. "It's physically very tiring and you're thinking constantly. You have to be focused and thinking about the next move when questioning a witness. There are some tough questions to be asked and you can't shy away from them, just like you can't shy away from your opponent," she says. Harry Black, a former Canadian middleweight champion who runs Pan Am, says the trio of lawyers shared one common trait — aggression. "That can go a long way towards being a good boxer. I wouldn't doubt if they show that same aggressiveness in the courtroom. They had this no-quit attitude and tenacity and they can gut it out. They were all showing signs of being good thinkers. They started to use their heads intellectually as opposed to using them to block a punch," he says. Senft says since she became serious about boxing, she's noticed how many of its phrases are regularly dropped into everyday conversations. "You can have somebody in your corner, you don't want to be up against the ropes, or hit below the belt, and you could be saved by the bell," she says. — GEOFF KIRBYSON gmkirbyson@shaw.ca

Articles in this issue

Links on this page

Archives of this issue

view archives of Canadian Lawyer - May 2009