Law Times

January 26, 2009

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Law Times • January 26, 2009 NEWS Final chapter for Rumpole's John Mortimer BY ROBERT TODD Law Times L awyers reflected last week on the indelible British courtroom drama Rum- pole of the Bailey following the death of the show's creator, John Mortimer, who many said dreamed up a character that cuts to the core of the profession. "What Mortimer did so well was cast the lawyer as human," says dean Ian Holloway of the University of Western Ontario's Faculty of Law. "Striving for a noble cause, as I believe we are as lawyers, but someone who's not without his foibles. He drank too much, smoked, had pet peeves, and biases, and so on." BBC News reported Jan. 16 that Mortimer had died at the age of 85 after a long illness. The lawyer, author, and play- wright made his way into popu- lar culture through his writing of books and screenplays, which he began toiling away at while working as a barrister. While Mortimer produced an array of popular works for television, radio, and print, Rumpole of the Bailey is likely the best-known title. The television series first aired in Britain in 1978 before appear- ing in the United States in 1980. It lasted until 1992, although Mortimer continued producing books chronicling the exploits of his eccentric character — who was known to take on any case that came before him and to vig- orously resist a loftier position in the legal establishment — until 2007's Rumpole Misbehaves. Although Mortimer has passed, the mark he's made on the psyche of lawyers across the globe means his memory will endure. Toronto lawyer James Mor- ton of Steinberg Morton Hope & Israel LLP remembers meet- ing Mortimer in the 1980s when the screenwriter visited several big firms in the area. Morton, who at the time practised with Torys LLP, says he was a "charm- ing and gracious" man. "He had a splendid gift for telling a story and spinning a yarn, and he was really very kind, to the younger lawyers anyway, many of whom like me use Rumpole as a — I hate to say role model, because he wasn't ideal in every respect — but as Alleged faux paralegal charged BY ROBERT TODD Law Times T oronto police are looking for people who paid for legal services from a man facing allegations of posing as a paralegal on a popular web site. The Toronto Police Service issued a release earlier this month outlin- ing the allegations against the 42-year-old. They claim a man posted ads for paralegal services on the popular free classified web site Craigslist.org from late 2007 to 2008, using the name "Options Legal Services." The man, police allege, met with his would-be clients at their homes or coffee shops to discuss their cases. He would take an advance retainer fee and documents related to the case, said police. "The victims would then be given a runaround when trying [to] get their money or documents back," said police. They add that the Law So- ciety of Upper Canada does not recognize the man as a licensed paralegal. Police have charged Andrew Smith with four counts of fraud under $5,000; three counts of mischief, interfere with property; possession of property obtained by crime; and fraudulent use of credit card. Police ask anyone who has registered a complaint regarding Smith with the law society to contact them at 416-808-2222, or Crime Stoppers at 416-222-8477 or www.222tips.com. LT CANADIAN LEGAL NEWSWIRE it's fresh, it's free, it's weekly e-news! Sign up today at www.lawtimesnews.com FROM THE EDITORS OF LAW TIMES AND CANADIAN LAWYER Untitled-3 1www.lawtimesnews.com 1/20/09 10:57:41 AM a model of what a barrister should be," says Morton. Morton describes Mortim- er's character, Horace Rum- pole, as non-judgmental, dili- gent, and selfless. "He always put his client's interest ahead of what would be good for him," says Mor- ton. "Often his choices were more clear cut because they were fictional, but many times in his stories he had the op- portunity to do good for him- self or do good for his client, and he chose to do good for his client, which is a wonder- ful guideline for counsel even today." Morton suggests that most modern legal television dramas depict lawyers as conflicted characters who often cast their client's interests aside. In other instances, he notes, lawyers are flat out painted in the worst of lights. Morton points to The Simpsons' charac- ter Lionel Hutz, cast as an am- bulance-chasing amateur who bails on clients when the going gets tough. But Rumpole is more closely aligned with fiction writer Erle Stanley Gardner's Perry Mason, says Morton. "Someone who cared more about the profession, about the a law student. He notes that while associate dean of law at the Australian National Uni- versity, a post he held before becoming dean at Western, he ran a trivia contest among stu- dents. Thanks to Mortimer's "patronage," he says, the prize each week was a Rumpole book. Edward Pundyk of Lang Michener LLP's Ottawa of- fice says he has seen the entire Rumpole of the Bailey televi- sion series and read most of the books. He agrees that Mortimer has provided a more accurate depiction of the practice of law. "For the general public, it Photo: Eamonn McCabe John Mortimer, who created the indel- ible courtroom drama Rumpole of the Bailey passed away at age 85. client, than about themselves," he says. "That's an admirable goal and in fact I think it is a more accurate reflection of what lawyers are really like. When you deal with most lawyers, they re- ally do put their clients first, even when it hurts them." Holloway says he was a Rum- pole fan even before becoming creates a different impression than most of the other legal shows, which is lawyers appear to be infallible and we're at the top of the feeding chain," says Pundyk. "Whereas there's lots of lawyers out there pounding away at the job for the love of it." Morton, meanwhile, suggests that one of Mortimer's greatest contributions to the legal com- munity is the example he set with his career choices. "He basically gave up the practice of law and became a writer," says Morton. "He used his legal training in another way. LT PAGE 3

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