Law Times

Law Times • June 1, 2009 FOCUS Page 11 Rotenberg's Old City Hall published in nine countries H BY GLENN KAUTH Law Times Rotenberg e's a longtime lawyer who recently became a novelist but Robert says storytelling has always been a big part of his work. "Writing a book in some ways is like writing a 100,000- word factum," says the 56-year-old criminal defence lawyer with Rotenberg Shid- lowski and Jesin in Toronto. Rotenberg, in fact, styles him- self as an unconventional lawyer who eschews standard pre-trial conferences in favour of send- ing what he calls a mini-book about his client to the judge. "I think the main thing is writing made me a much better lawyer because writing is storytelling, and every paragraph has to have some meaning," he says. Getting that story is central to his legal work. When meet- ing clients for the fi rst time, for example, he refuses to discuss the case and instead gets them to tell him about their lives . "Until I know who they are, I can't un- derstand their world," he says, noting that besides dealing with the criminal matter at hand, he also spends a lot of time trying to get clients help, such as drug or alcohol treatment. It's no surprise then, that Ro- tenberg has managed to trans- form his somewhat unorthodox legal approach into a newly suc- cessful career as a novelist. His fi rst book, Old City Hall, has been published in nine coun- tries and has been doing well on bestseller lists since its release in March. It was Rotenberg's second crack at novel writing. While he failed to get the fi rst one published, he's been grati- fi ed by the response to his latest eff ort, which he began writing in 2001. "I feel very fortunate but I don't feel lucky because I did the work," he says. Th e book tells the story of Kevin Brace, a national radio host accused of stabbing his wife to death, a crime he admits to when the friendly man who delivers his newspaper shows up at his door. But ensuing twists make the seemingly obvious trial result less certain. And an ensemble cast of eccentric characters, including defence lawyer Nancy Parish — with whom Brace will only communicate using handwritten notes — make Old City Hall far from the typical murder mystery. "Th ere's no real clear hero in the book," says Rotenberg. "Th at's another rule I broke. But that's the way I wanted it. I didn't want to tell a simple story." Rotenberg adds that his goal was more about writing about a time and place rather than a whodunit, and as such Toronto and, of course, the city's iconic Old City Hall courthouse, fi gure prominent- ly as characters. But while To- ronto's legal scene is obviously familiar territory for Roten- berg, the book strays far from Queen and Bay Streets. "To required him to wake up every day at 5 a.m. — has diverted his attention. He's now work- ing on the next installment in the series and hopes to land a TV or movie deal as well. Still, Rotenberg insists he has been able to balance the writing with his practice. "It's a challenge," he admits. "I'm really fortunate because our two associates are great. Especially when this whole [book] deal happened, which was just after Labour Day 2007, I had about 30 cases. I didn't duck out on a case and in fact got on a hot streak and was successful in every case." Prosecutorial Misconduct Robert Rotenberg says he's been able to balance writing a book with his practice. me, the most interesting place in Toronto is the strip mall in Scarborough where there are seven diff erent languages [spo- ken]," he says. But getting to the point where he could write about such places involved "a lot of walking," he adds. Details were important. A trip on the Toronto Island ferry, for example, led him to correct a line in the book stating that the boat's horn sounds twice. In fact, it blows once, he points out. Nevertheless, while the book is getting attention for its por- trayal of Toronto, Rotenberg denies that it amounts to a love letter to the city. Perhaps surprisingly, he's rather critical of a place he argues has a sub- standard transportation system and does little for the poor. "I care about these things. I'm not a booster. So what's great about the book is I talk about a lot of these things in [it]." Is the book—a novel about crime and courts written by a Toronto defence lawyer— therefore a lesson in telling sto- ries about what you know? "I think the better answer is [to] write about what you care about," Rotenberg responds. Being a lawyer, of course, was particularly helpful for crafting a mystery, he adds. "Th e main thing about being a criminal lawyer is every time the phone rings, every time someone comes in, it can take you on an adven- ture anywhere. I just don't know what's going to happen." Unravelling the story behind each case is Rotenberg's focus, something that isn't always easy. "No one ever tells you the whole truth. Everybody is always with- holding something. Usually, they're withholding something for more benevolent reasons than you think," he says. Nevertheless, Rotenberg is candid about the fact that de- spite studying law in another era, becoming a lawyer wasn't exactly his goal. In fact, after fi nishing his bar exams, he went on to a career editing and publishing magazines, a voca- tion he abandoned in favour of legal practice shortly after a publication about Toronto he started up in the 1980s went under. Since then, he's been active as a lawyer, although writing the book — a task that The Honourable Peter Cory C.C., C.D., Q.C Defining the limits of legal prosecution This is the essential text for Crown counsel who need to operate within the rules of law and for defence counsel who need to identify when prosecutorial misconduct occurs and the remedies that are available. Essential knowledge for all criminal practitioners This comprehensive and thought-provoking treatise covers prosecutorial misconduct at every stage of the criminal process and impartially and objectively identifies its elements with specific reference to case law. In addition, Prosecutorial Misconduct provides expert commentary on the tort of malicious prosecution and related civil actions against prosecutors. Includes a CD-ROM with relevant Canadian case law to facilitate research. Order your copy today! Hardbound with CD-ROM • 342 pp • July 2009 • $110 P/C 0171010000 • ISBN 978-0-88804-487-7 Rotenberg adds that the fact he can now pick and choose which cases he takes on has also helped. "Th ere's no way I'll be able to do another big six-month murder trial," he says, noting he will nonetheless continue to take clients. "I'm still in business. Send me your cases." LT For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. Frater_Prosecutorial Misconduct (LT 1-4x3).indd 1 LT0601 5/27/09 2:30:28 PM Visit us online! canadianlawyermag.com lawtimesnews.com Fresh content delivered weekly. Canadian Lawyer Law Times 4Students InHouse www.lawtimesnews.com House-Online_LT_Mar16_09.indd 1 3/11/09 2:45:27 PM "Truly, no one contemplating acting as a prosecutor should either leave home or prosecute anyone without reading this book. S Robert J. 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• Self-regulation At Stake
• Tizzy In Lotusland
• Focus On Criminal Law