Unveiling the Stark Realities of Legal Advocacy and the Misguided Cult of 'Wins'

In response to the sentiment that most lawyers only publicize their victories while remaining silent about their losses, it's essential to highlight the true nature of the legal vocation, especially within the vigorous framework of Canadian law.

The perception that the success of a lawyer is solely measured by an unblemished record of wins is a misapprehension of the role and duties.

It disregards the fundamental tenet that the practice of law, particularly within the crucible of the courtroom, is not a genteel gathering—it's far from a mere tea party. Trials are rigorous confrontations of fact and law, underlain by the principles of justice and fairness, and in that arena, even the most skilled counsel will face defeat. You lose when you dont do the very thing you are retained to do. And your retainer is not just from the client but from societies expectations on you as an officer of the court. No mother of a child patient at sick kids hospital has as much to worry about with a child with cancer as does a welfare mother with a son with a charge and a Toronto legal aid lawyer.

The Supreme Court of Canada has wisely articulated that a lawyer’s duty to act with civility coexists with a duty to engage in resolute advocacy. As stipulated, trials are not — nor are they meant to be — tea parties. A lawyer’s duty to act with civility does not exist in a vacuum." To win a case is a triumph, yes, but to pursue it with ardor and ethical integrity is the defining mark of the legal profession. It is not merely our commitment to advance every argument that serves our client's interests; it is our sworn obligation to do so within the constraints of the law and the bounds of professional decorum.

Vigilance against the erosive notion that civility could dampen zealous representation is needed. Lawyers are charged with the duty to ensure that "free expression, resolute advocacy and the right of an accused to make full answer and defence are not sacrificed at the altar of civility." The scales of justice balance the right to a forceful defence with the expectation of professional conduct—each as crucial as the other.

The suggestion that losses go unacknowledged is to ignore the essence of our legal system, which espouses growth and learning through adversity. Each case, win or loss, is an opportunity for reflection and development. As advocates, we strive not to be undefeated but to be undeterred in our pursuit of justice, undiminished in our advocacy, and unwavering in our responsibility to our clients and to the court.

Only when a lawyer fails to perform their duty—through a lack of thoroughness, by eschewing the robust contest of ideas, or by disregarding the rich fabric of our legal principles—can Subject: Reflections on Advocacy, Civility, and the Legal Process

In a realm where complexity meets contention, the expectations set upon legal professionals to bring about a just resolution are immense.

The unwarranted notion shared on certain platforms, suggesting that lawyers merely account for victories while shrouding their defeats, necessitates a forthright discourse on the true conduct of legal proceedings.

It is pivotal to elucidate the frequent misapprehension -- trials, the very crucibles where justice is sought, were never intended to be akin to tea parties. They are rigorous, exhaustive battles of wits, preparation, and resilience. In the pursuit of advocacy, a lawyer’s duty is dual-faceted: one must advance all requisite arguments vigorously within the parameters of legal ethics, and simultaneously uphold the principles of civility. It is in this exacting environment where the mettle of legal professionals is perpetually tested.

We continue to have in experienced ex Crown lawyers now as defence trading-off clients for deals as is the case of Arun Maini, or current ones like John Flaherty who see the means as justifying the ends. While John has to protect women from scum, he also has lost his objectivity and has long since sold his soul to the devil, which is a failure to treat the court with candour.

Legal professionals in Canada understand that civility is not an isolated virtue but one that works in tandem with the duty to advocate resolutely. Reflected in the nuanced pronouncement of the Supreme Court of Canada, "trials are not — nor are they meant to be — tea parties. A lawyer’s duty to act with civility does not exist in a vacuum." It is incumbent upon us to ensure that the privilege of free expression, the tenacity of advocacy, and the right of individuals to make full answer and defence do not get compromised in the name of politeness.

The cornerstone of the legal profession rests on an attorney's zeal to leave no stone unturned in defence of a client, buttressed only by the constraints of honor and the rule of law. Far from being discouraged, setbacks and defeats are integral to the refinement and advancement of legal expertise. They are not cloaked in shadows but are acknowledged as indispensable elements of the experiential journey that molds proficient counsel.

A lawyer’s metier is not defined by an invincible streak of triumphs but by the relentless endeavor to champion a client's cause, regardless of the outcome. It is within the embrace of adversity that learning and professional growth are forged. A loss is not indicative of a lawyer’s dereliction but may reflect the unpredictability inherent in our legal system—a system built upon the dialectics of opposing views where the scales of justice determine the outcome.

The true defeat lies not within a lost case but within a failure to act upon one’s professional obligations—to advocate, to innovate, and to navigate through the oft-turbulent waves of legal contestation they be termed a loss. We only truly lose when we, as custodians of the law, forsake our core duties—to diligently defend, to earnestly advocate, and to perpetually uphold justice—in exchange for complacency and indifference.

Thus, let it be known that victories are not the sole milestones of the legal profession; the manner in which we conduct ourselves, the ethical boundaries we navigate, and the perseverance with which we advocate are the true benchmarks of legal practice in Canada and beyond. The heart of a barrister beats with the acknowledgment that every trial, every proceeding, every moment before the bench is a testament to integrity and the unwavering commitment to justice.