Law Times

Law Times • December 13, 2010 FOCUS Specialization key to profit in criminal law Despite problems with legal aid, opportunities to make money do exist BY GLENN KAUTH Law Times "You can make money as a crim- inal lawyer." Those are the perhaps surpris- ing words of Toronto criminal defence counsel Jonathan Rosen- thal, who spoke on a panel along with two veteran colleagues at the Criminal Lawyers' Associa- tion's conference for young law- yers on Nov. 20. "I don't think there's any- thing wrong with that and I don't think you should be em- barrassed to do that," Rosenthal said of the idea of making a profit from criminal law. Of course, at a time of lim- ited public funds for legal aid, the idea of getting into criminal defence isn't necessarily an ob- vious choice for many lawyers coming out of law school. For years, reports have noted the in- adequacy of the legal aid tariff, a situation that has seen many veteran lawyers shunning cases funded by it in favour of clients who can pay privately. The key to doing well, ac- cording to the three lawyers on the panel, is finding a niche. Rosenthal, who has practised for 21 years, said 80 per cent of his cases relate to drinking and driv- ing offences. It's an area that can be "fairly lucrative," he noted, and one he simply "fell into" after doing several cases, getting to know police officers who deal with such matters, and benefit- ing from referrals generated by word of mouth. Adam Boni, another panel- list, said 90 per cent of the cases he takes on involve drug matters. He got his start articling with "the last of the gentleman barristers in the city" but, as legal aid was in trouble at the time, went on to spend four years at the federal Crown's office. Ten years ago, he established a practice that, be- sides drug matters, also involves a significant focus on Charter of Rights and Freedoms issues re- lated to things like wiretaps. In Boni's view, new lawyers have to work extra hard to set themselves apart from their col- leagues. "We have no choice," he said, noting that at a time of recent Supreme Court of Cana- da judgments like R. v. Sinclair, criminal defence lawyers "are op- erating in an environment that is utterly hostile to you." "What that means is digging Marketplace LAW PRACTICE FOR SALE GENERAL Law Practice for sale in cottage country. Very lucrative. Turnkey. Call 613-332-0016. bancroftlawpracticeforsale.ca To advertise call 905-841-6481 LT1213 www.lawtimesnews.com into an area of law that you love," Boni added. Robin Parker, the third panellist, credited Boni for doing just that when the two worked together at the federal Crown's office. As she pointed out, by the time Boni left the government, he had already established an area of specialty through his reputation for doggedly re- searching cases. For her part, her niche has involved the international sphere through cases such as extraditions as well as matters involving search warrants at businesses. But while she set out to have a focused practice, achieving it wasn't necessarily easy. "I also turned away work early on," she said, emphasizing the importance of creating the space to take the types of cases she really wanted. Parker also teaches a master's But connections to teaching helped her get work related to the Rwanda tribunal. "If you do what you love to do . . . then sometimes it's not about money. . . . It's about creating a knowledge base that others will then call on you for." Getting to that level of spe- cialization sometimes involves taking legal aid or low-pay- ing cases in that area, Parker added. A key theme emphasized Adam Boni carved his niche in drug and Charter matters. level course on international criminal law at Osgoode Hall Law School, something a col- league advised her not to do. by the panel was the need to slog through the tough work in order to develop a niche. "You are never going to build that practice that you envision unless your skill set is brought up," said Boni. Rosenthal, meanwhile, noted he benefited from the fact that he was simply cheaper than senior lawyers ear- ly on, which meant he got lots of referrals from his colleagues and was therefore able to hone his skills. "Mentorship is the most important thing," he told the audience of young lawyers. Still, he warned them to have done their homework first be- fore calling on senior lawyers for advice, something he said many of his veteran colleagues are often guilty of not doing. But having heard the advice, one young lawyer in the audi- ence asked for guidance on how to get out of the niche she has fallen into in which she ends up with unpopular legal aid and in- custody cases that take a lot of time and effort. In Boni's view, the solution is to network and for the lawyer to make a name for herself by writing articles for the CLA and helping research criminal law texts. "It's at that point that you have to do a little bit more," he said, noting that despite the sacrifice, the payoff will come eventually. LT PAGE 13 Martin's Annual Criminal Code 2011 Edition With annotations by Edward L. Greenspan, Q.C., The Honourable Justice Marc Rosenberg and Marie Henein Still the number one choice for judges and practitioners Fully annotated by three of Canada's most respected criminal law experts, Martin's continues to deliver the best value with the highest quality content. 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