Canadian Lawyer

April 2008

The most widely read magazine for Canadian lawyers

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opinion driven by desperation and an inability to pay lawyers' fees. He knows little about the law and likely will make a hash of his case. He is representing himself because he has no choice. do it myself to make sure it got done the right way." What was it like to be before the Su- preme Court pleading your own case? Alexander writes, "I had the greatest day of my life. . . . I was 'energized' in the way I used to be before a big game when I was a starting guard for my high school bas- ketball team. . . . [I] crushed State Farm. . . . I could hear my voice, as though it were in a feedback loop; it conveyed strength and conviction. The more I spoke, the more confident I became." Alexander tells his Supreme Court story well, with many human-interest sidebars. He reports that a school tour visited the court the day he was there. "We're here for the Alexander case," one student told him in the foyer. "I'm Alex- ander," he said. "Oh my gawd," she said. "You are Alexander, oh my gawd." He writes, "I was the Beatles for about five minutes." Alexander describes meeting the State Farm entourage, about 20 law- yers and executives, at the bottom of the stairs leading to the courtroom. "They tried to stare me down. . . . It was like a scene out of West Side Story or a gangsta video." Of course, Michael Alexander isn't typical of the person who represents himself in the courtroom. That person is generally driven by desperation and an inability to pay lawyers' fees. He knows little about the law and likely will make a hash of his case. He is representing himself because he has no choice. Alex- ander, on the other hand, is a graduate of the University of Toronto law school. He went to graduate school and articled at a Bay Street law firm. Then his career took him in other directions. When he appeared before the Supreme Court, he was no longer a member of the law soci- ety, and — as he puts it — appeared as a citizen instead of a lawyer. Judges are not big fans of self-represen- DD CL GRLBBA-08 OP b&w 3/5/08 12:28 PM Page 1 tation. Chief Justice Beverley McLachlin, in a speech to the 2006 Canadian Bar As- sociation annual conference, expressed considerable reservations about it (al- though the Supreme Court of Canada web site gives tips on representing your- self in leave to appeal proceedings). I asked Alexander in a telephone interview how he was treated before the court. "The judges were fine," he said. "Not dismissive at all. They treated me like anyone else. I was held to the same standard as the oth- er lawyers who appeared." He singled out the chief justice for special praise. "She created an atmosphere that made it pos sible for a self-represented litigant to feel that he could ask for justice and might receive it." Should more people do what Michael Alexander did? It seems rational to rep- resent yourself if you think you can do as good a job as most lawyers (or bet- ter) and you don't want to pay hugely inflated legal fees. Perhaps there will arise a new class of people represent- ing themselves, affluent members of the middle class who have turned their back on lawyers and increasingly believe that paid professional representation is un- necessary. Alexander now describes himself as an entrepreneur, professional speaker, and writer. He's working on a book entitled 10 ways to beat a bully: How to turn weak- ness into strength and win when the odds are against you. He thinks the middle class may abandon the legal profession. When we talked, he said, "Wait a minute. You've given me a great business idea. Classes teaching people how to represent themselves effectively in court!" Philip Slayton has been dean of a law school and senior partner of a major Canadian law firm. Visit him online at www.philipslayton.com OFFICE & FURNITURE PRODUCTS C Office Products Savings sale $9.99 100 Kraft Reversible File Folders 24079-08 Letter size Reg. $21.99 . . . . . . . . 24084-08 Legal size Reg. $28.99 . . . . . . .sale $11.99 on sale for the month of April 2008 only. (taxes, delivery not included) dyedurhambasics.ca 1-888-393-3874 Fax: 1-800-263-2772 Choose Dye& Durham your ONE source supplier 22 APRIL 2008 www. C ANADIAN mag.com represents himself in the courtroom. That person is generally Michael Alexander isn't typical of the person who W e ' r e a y C a n a p d i m a n o a n

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