As the legendary Forrest Gump said, “Life is like a box of chocolates. You never know what you’re going to get.” A day in the life of a Legal Aid lawyer is similar. It’s like going to a buffet: you have your known dishes, the tried-and-true dishes that the restaurant is best known for, and new items you have never eaten. Each meal is different than the last one.
The daily life of a Legal Aid Saskatchewan lawyer is much the same. There is the work that I already know about; these are the files I have already prepared for and are ready to proceed. There is the new work that I get that day in court; these are new clients applying for service or someone who has never been to court before and needs help that day. Regardless of their situation, we are here to help whether they are a Legal Aid Saskatchewan client or not. One of the most rewarding parts of legal aid is assisting people who need it the most without worrying about getting a retainer.
At Legal Aid Saskatchewan, we have the privilege of assisting clients in criminal and family law.
Family law matters involve client meetings, drafting court applications, researching points of law, or running hearings in the Court of King’s Bench. We assist people in need, whether it is a single parent needing support for their family, a parent wanting to be involved in their children’s lives, helping parents with the return of their children from the Ministry of Social Services, or any other aspect of family law. We get to draft court applications and affidavits, get to know our clients and their circumstances, and help them resolve disputes during difficult times. We get to appear before judges in chambers, pre-trials, trials or appeals. We also provide duty counsel service for child protection matters, meaning anyone appearing in court can get immediate free advice about their case from a lawyer.
We fulfill two roles in criminal law: duty counsel and full-service files. Legal Aid lawyers act as duty counsel for individuals in two different situations. The first involves clients who automatically qualify for duty counsel service due to being held in custody. The second involves clients we have the discretion to help who do not otherwise qualify for our services. This is the client who shows up to court with a speeding ticket and we help negotiate a lower fine, or the client who shows up to court with a new criminal charge but is unfamiliar with the system and needs an explanation of the court process and their options. We try to assist people in any way possible. This may be as simple as explaining what the Alternative Measures Program is. It may be reviewing disclosure with a person charged with a simple matter and providing advice on any possible defences or potential outcomes to their case. It may be more complicated than that and involve explaining their options for legal representation. Other times, it may be helping the person negotiate the best possible outcome on the spot. Regardless of their situation, we ensure people are informed of their rights and choices.
For those clients who, unfortunately, find themselves in custody, it can be much the same. As duty counsel, we must act fast and assess the situation. This is especially important on rural circuits where the courts may only sit once per week or less frequently. An adjournment can mean a client unnecessarily spends an extra week or longer in jail. Any delay can have significant consequences. Fortunately, we also work with competent Crown prosecutors and can usually make appropriate assessments for each person that comes into custody in a timely fashion. This may involve the Crown consenting to the client’s release after discussion. It may involve running a show-cause hearing that day to have a judge determine whether the client should be released. It may involve a discussion with the client to resolve their matter with the best possible outcome. Sometimes, it is necessary to adjourn the case to another day to get more information or put further thought into the matter.
Our full-service files involve negotiating resolutions for our clients, discussing alternative resolutions with the Crown – such as having a client attend counselling or making other reparations for their actions – or running trials. This may be as simple as a disputed assault charge, or a more nuanced trial involving Charter breach allegations and technical legal arguments over multiple days.
Whatever the situation, no two days are the same for a Legal Aid Saskatchewan lawyer. A day in Legal Aid can take us to court points across the province. The variety of matters and clientele we assist is unmatched. Most days will involve appearing in different courts in front of multiple judges, as well as meeting with a variety of family and criminal clients.
Just like the buffet, some dishes you eat right away, some you take a small sample, and some you just need to wait to experience until your next trip. In the end, your day is full and usually ends up being pretty good. You help people through what is an extremely difficult and stressful time for them. Legal Aid clients come from all walks of life. Knowing the positive impact we make for our clients is always the best part of the job. But like that box of chocolates, you never know what you’re going to get.
R. Gregory Wilson (he/him) was called to the bar in 2008. He has been a lawyer with Legal Aid Saskatchewan since 2012, practicing in criminal law and family law with the Regina Rural Office. www.legalaid.sk.ca