For many years before it became de rigueur to have a website, my practice and reputation as a Toronto criminal defence lawyer were built on nothing more than word of mouth referrals from clients and other lawyers. That probably says more about a ‘success rate’ than anything set out below, but I nonetheless offer the following.

Criminal cases are not events in which outcomes can be easily measured for comparison. Every case has a broad range of possible outcomes which uniquely define success in the particular circumstances. Accused persons may also ask “do you handle the offence I am charged with?” Naturally people want to know if a lawyer has experience dealing with their particular situation. But this legitimate enquiry also belies a lack of familiarity with the criminal justice system.

The experience and expertise of a criminal lawyer generally do not relate to particular offences. Every case is different in terms of the facts that are alleged, just as every accused person presents a unique set of personal circumstances and qualities affecting the conduct of the defence. No amount of academic study or reading of statutes can allow a lawyer to know how to prepare a particular client for testimony, or to attack a particular witness whose false evidence risks putting the client behind bars.

I have handled murder cases that were less complicated than some impaired driving cases, even though the stakes were immeasurably higher for one accused than the other. Some drug cases end up looking more like an ‘average’ firearm storage matter than other narcotics prosecutions. In my experience there is actually no such thing as a ‘run of the mill’ case or a ‘typical’ accused person.

While pre-trial preparation is an essential ingredient, success in criminal litigation usually results not from a lawyer knowing the script in advance but from the ability to deploy experience and expertise in a dynamic environment where cases can be won or lost sometimes in a split second. I believe that my office can and does get the best possible results in the circumstances for every single one of my clients. I will not close the file until that is the case.