Some of you may wonder what goes on in a first interview in a criminal file.
First, many people bring a support person, who is often a parent or spouse. This can cause confidentiality concerns, especially if that support person could become a witness for either the government (Crown) or the defence. Thus, even if the support person is signing the retainer agreement (as he/she has the funds), often he/she will only be given rudimentary information about the process of the file.
Second, once the lawyer has asked what the charge is and whether the person has a criminal record or not, the course of the file can be envisioned.
Many of us criminal lawyers practice out of several courts ( I know that I am often in Walkerton, Goderich, London and even St. Thomas, Woodstock and Sarnia)- so you will see the lawyer noting which court it is once the retainer has been signed and delivered.
You might be surprised to know that in many cases we will not ask “did you do it?” The reason is ethical- if we do not know, we can explore all sorts of lines of questioning if there is a trial that we are not allowed to do by the Law Society of Upper Canada Rules of Professional Conduct, if you have confessed to us to the entire crime alleged.
One final thing you need to know, is that we often postpone material discussions about the file until substantial Crown disclosure has been received. That process can takes months.
The other final thing you need to know, is that blazing cross examinations are built on solid, slow preparation of a case for months- funny how that never makes the movies.