Setting the Record Straight - The Marginalization of Calgary Criminal Defence "Firms"

I want to take a moment to deflect the quasi-marginalization of defence law firms by lawyer David Andrews in a Calgary Herald Article titled: “Dreams of Setting Up a Law Firm”

http://www.calgaryherald.com/life/Dreams+setting+firm/1898291/story.html

I do so because I don’t want clients of any other defence lawyer in Calgary to be left with the impression lawyers within firms, or associations or even those who operate independently under their own shingle are not able to provide excellent representation due to their business designation. Despite the category under which they practice, most defence lawyers do make efforts to better themselves (and the interests of clients) by maintaining close knit relationships with other lawyers both within their own practice and outside of it.

At the outset, the reader should understand that in criminal law, some “firms” (to use the language loosely) are labeled “an independent association of law practitioners”. For example, Fagan & Chow, Roulston Snukal and Dunn McKay are independent associations. That they are independent associations, however does mean the lawyers within those associations do not often work as a team or collaborate to prepare individual files with the best interests of clients in mind. Other lawyer groups, such as Ruttan Bates and Dartnell Lutz are true law partnerships, in the sense that they share business assets and profits. Independent Associations may or may not do this. Again, lawyers within both these groups often collaborate or work as a team to deal with specific legal issues. Other lawyers operate as single, independent entities; either leasing space or sharing space within an office environment. Again, however, many of these lawyers collaborate with other lawyers to keep abreast of changing developments in the law and prepare cases.

Taken literally, Andrew’s comments in the Calgary Herald may leave the reader of that article with the impression that any organization of criminal lawyers not operating inline with his firm model are not a true criminal law firm. For as he says, “In Calgary, there is no true criminal law firm”. This is simply incorrect. To this end, let’s analyze his comments:

“Our clients pay us. They hire us to go into court and fight for them. Often we're aggressive, and setting aside that and working toward a common goal is a challenge when we're all gunslingers by nature. Our personalities are that of the gunslinger. To set that aside and focus on working as a team is always a challenge, but everyone's so committed to the idea."

Now, I want to be fair in my interpretation. I take Andrews to mean that clients pay his group – meaning Stewart, Andrews et al, to do work’; and getting all the lawyers together for the purpose of advancing the “crimimm” concept required commitment to the idea. Doubtless, this was probably a challenge. Mr. Andrews goes on to say:

"In Calgary, there is no true criminal law firm. The law firms in criminal law in Calgary tend to be a loose association of lawyers who share space as opposed to being a true firm. So if you want to be a criminal lawyer in Calgary, you just have to hang out your shingle (and) if you're lucky somebody will rent you some space, start from zero. Try to find a client and hopefully that client will think you did a good job for him and refer people to you. That's how you build a practice in Calgary."

Now Andrews is wrong to say there are no “true” criminal law firms in Calgary. There are in fact many true criminal law firms in this city. The main difference between the “firms” is how they decide to conduct and designate their business. Some, such as Dartnell Lutz and Ruttan Bates, may share assets, expenses, legal expertise and split profits. Some are “independent associations of law practitioners” – and as such, likely do not share assets or profits but may share expenses. Regardless, whether the firm is a partnership or an independent association it still works to provide the best service to clients. Many independent associations are committed to sharing ideas, collaborating on trial strategy, assisting with in-court agencies and distributing research. Many firms are organized because they are like minded in these goals. Fagan & Chow has always been committed to this approach; as has a great many other independent associations, such as Dunn McKay, Virk Saini and Roulston Snukal. Many solely independent practitioners, such as Michael Kiss, have forged close relationships with other independent associations and law partnerships. The point is, even though many criminal lawyers operate independently or pursuant to a different business model, they do not necessarily operate alone. Certainly most lawyers work to provide top level service to their clients.

"Calgary has a tremendous criminal defence bar”, says Andrews. “They're supportive. They're friendly. And they're excellent lawyers. But I always had a belief that something we could do to distinguish ourselves from everyone else and really provide a good service to our clients would be to actually work as a firm."

Mr. Andrews is correct: Calgary has an exceptional criminal defence bar. But when he says, it is his belief that his group is distinguishable from everyone else in terms of being able to provide good service to clients because they work as "a firm", is to marginalize all of the firms operating as part of Calgary’s criminal defence bar. To say he is model is the only “true firm” and that it provides really good service to clients, is essentially to say that untrue firms (as he designates them) cannot provide the same level of service.

Mr. Andrews also seems to be saying that his group can provide better service because it works together. He says his group has put aside the “gunslinger” mentality to bridge the gap between independent lawyer and team. Surely he doesn’t mean that the other lawyers within criminal law firms do not work together? Lawyer Karen Molle, for example, in the Dunn McKay firm provides invaluable advice and experience to every member in that shop. In fact, Ms. Molle has provided erudite advice to many lawyers outside of that firm; ironically including Mr. Stewart and Mr. Andrews. If Andrews means lawyers don’t share money, he might be right. But if he means they don’t work together to best service clients, he is wrong.

Interestingly, if Mr. Andrews’ concept is that all clients in his firm are collectively thrown into a single cauldron of clients, then each individual client better understand that his or her lawyer of choice may not be the lawyer he or she gets. The client who pays good money to hire Charlie Stewart, Q.C. but gets somebody else may be in for a big surprise. In my shop, when clients want David Chow, they get David Chow.

I commend the “immicrim” or “crimimm” idea. I think there is a close connection between criminal law and immigration law. I applaud Mr. Andrews for his efforts in advertising the concept. Undoubtedly, the close linkage between the two disciplines creates a natural fit. The slogan “crimimm” is not too shabby either.

Where I have a problem is with the inaccurate and arguably insulting statement that there are no true criminal law firms in Calgary. I’m sure the other aforementioned firms would be surprised to hear they are not a “true criminal law firm”. Fagan & Chow practices exclusively criminal law. As does Roulston Snukal, Dunn McKay and Virk Saini. Furthermore, I take issue with the insinuation that the other firms in the criminal bar do not operate with a team concept in mind; for clearly many do. I take exception to the insinuation that other firms may not supply the best service to clients because they are not true firms. Again, I am sure many criminal defence lawyers would agree.

Perhaps Mr. Andrews and his group are structuring their firm differently. Independent Associations are structured differently than true partnerships. But just because it is structured differently does not necessarily mean it is structured better. And it is inappropriate for Mr. Andrews to imply it is so with respect to his concept – especially since his highly advertised concept has yet to even open its doors for business.

Advertising business is smart business, but doing so at the expense of competitors and colleagues? I don't think Andrews had bad intentions with what he said, but the communication deserves a response. That is what I have done here....

David G. Chow
Criminal Defence Lawyer

www.calgarydefence.com