The Lawyers Lounge Podcast

Ep.16 – Canadian vs. American Law: Litigation as an Agent of Change

Join guest host, Jennifer Brevorka as she sits down with American criminal defence duo, David Rudolf and Sonya Pfeiffer. David, who gained international recognition for his representation of Michael Peterson, and Sonya Pfeiffer, an award-winning journalist and criminal defence lawyer, give us an inside look at their lives and careers in Toronto, and why they left America for Canada. Following the Peterson case, David pivoted his practice to wrongful conviction litigation, while Sonya focused on civil litigation and family law. Witnessing the polarization and divisiveness seeming to consume American culture over the last three years, David and Sonya decided to make the move to Canada – a move many Americans claim they will make during times of public outrage, but rarely follow through on. Are American lawyers more assertive and willing to take on abuses of power? Does the Canadian justice system’s cost-based model make it harder to use litigation as an agent of public change? In this episode, David and Sonya shed light on their experiences practicing in America and Canada, examining how legal approaches and societal attitudes influence our respective justice systems. They discuss charter litigation, civil rights, and evidence-based investigation, as well as societal attitudes toward civic responsibility, multiculturalism, and privacy. Other topics include: * The Staircase documentary * David Peterson’s release * The infamous post-conviction “Owl Theory” * David’s new book “American Injustice” Special Guests: David Rudolf [https://u.emond.ca/LLP16_DR], criminal and civil rights lawyer, famous for his representation of Michael Peterson, and current consultant at Brauti Thorning LLP in Toronto, specializing in criminal law and civil litigation. Sonya Pfieffer [https://u.emond.ca/LLP16_SP], award-winning journalist, and defence counsel at Brauti Thorning LLP in Toronto, specializing in criminal law, civil litigation, and family law. Guest Host: Jennifer Brevorka [https://u.emond.ca/LLP16_JB], a partner at Henein Hutchison Robitaille LLP in Toronto, specializing in criminal and civil litigation.

Ep.15 – An Interview with Mona Duckett

In this special episode, Danielle interviews widely esteemed trial and appellate counsel Mona Duckett [https://u.emond.ca/LLP15_MD]. Defence counsel in several high-profile cases over her four decades in the legal profession, Mona gives an inside look at two of her most publicized cases. * R v. NRR, 2014, ABQB 282, a youth criminal justice case involving police entrapment through a “Mr. Big” undercover operation by the RCMP. * R. v Naslund, 2022, ABCA 6, an appellate manslaughter case involving domestic violence, battered women syndrome, overcharging, and unethical plea bargaining. During high-profile cases like NRR, and Naslund, should lawyers—Crown and defence—speak to the media? Mona and Danielle share their opinions on speaking to the media during a case and the ethical obligation to do so when it is in the public interest. Most lawyers will undoubtedly confront issues of professional and ethical conduct during their legal careers. Before her call to the bar, Mona had her first confrontation with unethical lawyering during her articling term. She shares her articling horror story and how this experience influences her outlook and practice. Other topics include: * “Phone a friend” support system. * The “Mentorship Crisis.” * Vicarious trauma. Special Guest: Mona Duckett [https://u.emond.ca/LLP15_MD] is a senior partner at Dawson, Duckett, Garcia, and Johnson in Edmonton. Her expertise spans the entire spectrum of criminal defence, related administrative law, and criminal appeals. What message do you think the Naslund verdict sends to lawyers and judges? https://pinecast.com/feedback/the-lawyers-lounge-podcast/037cab7d-0a26-440c-bb2a-61a99972b349 [https://pinecast.com/feedback/the-lawyers-lounge-podcast/037cab7d-0a26-440c-bb2a-61a99972b349]

Ep.14 – Lawyers Lounge/ The Law School Show: The Crossover Episode

The Lawyers Lounge and the Law School Show have combined forces to bring you our first crossover episode. With summer student recruitment wrapping up across Canada, future careers are at the forefront of every law student’s mind. LLP host Danielle Robitaille, LSS regular Maddison Tebbutt [https://u.emond.ca/LLP_MT], and guest star Dr. Rebecca Jaremko Bromwich [https://u.emond.ca/LLP_RJB] team up to provide law school students with invaluable advice for life after law school.  In this episode, Danielle reflects on her journey from law school to legal practice, looking back on her mistakes and sharing her wisdom. She discusses her decision to become a criminal defence lawyer and shares her top tips for determining which practice area and side of the courtroom – Crown or defence – is right for you. Danielle and Maddison weigh in on the importance of clinical experience, practice diversification, networking, and advocacy.  Our guest in the Lawyers Lounge this week is Dr. Rebecca Jaremko Bromwich. Inspired by the lack of networking opportunities during the pandemic and the mental health problems endemic to legal practice, Dr. Bromwich asked her law school students to reach out to practicing lawyers, asking them: “Knowing what you know now, what would you tell your younger, law student, self?” With responses ranging from “become a doctor” to “learn about vicarious trauma and self-care," Danielle and Rebecca examine the legal profession’s collective message to the next generation of lawyers.     Other topics include:  * Mentorship – A necessity for success?  * Mental Health in Law School and the Legal Profession.  * Competition and Grades.  * The value of shadowing members of the Crown, defence, and judiciary.  * Maintaining connections with your law school contacts.  * Hybrid-work environments for the next generation of lawyers.  * Starting business and client development during internships and articling.   Guest Host: Maddison Tebbutt [https://u.emond.ca/LLP_MT], JD Candidate and executive producer/host of the Law School Show.   Guest Star: Dr. Rebecca Jaremko Bromwich, [https://u.emond.ca/LLP_RJB] National Director of EDI for Gowling WLG, Senior Instructor at the University of Manitoba, and Adjunct Professor with the Department of Law and Legal Studies at Carleton University.

Ep.13 – In Conversation with Marie Henein

Join Danielle as she sits down with one of Canada’s leading criminal defence lawyers, Marie Henein. They discuss the unique professional obstacles for women practicing criminal law, reflecting on their personal experiences and choices that helped them achieve success.   In her new autobiography, Nothing but the Truth, Marie describes her journey from her childhood in Cairo to her prominent legal career in Canada. By providing an honest explanation of her role in the justice system and recounting her parents’ story of immigration and displacement, she hopes to inspire young women to carve out their own space in the legal profession.   In this special episode of the Lawyers Lounge, Danielle and Marie examine the social undermining, double standards, media stereotypes, racial discrimination, and professional exclusion contributing to the exodus of women from the criminal law profession. Marie speaks about the impact of sexism on her journey and gives advice to fellow practitioners combatting sexism in their own legal careers, insisting “you’ve got to stay where you’re not wanted.”  Other topics include:  · Lawyers Lounges – a collegial experience or a place of exclusion?  · “Imposter syndrome.”   · The value of accepting and providing legal mentorship.    · Fostering and maintaining connections with members of the Crown, defence, and judiciary.   · Business and client development.

Ep.12 – A panel discussion on sexual offence litigation: Her Majesty the Queen v. J.J., procedural barriers, and personal challenges

Join Danielle and criminal defence lawyers, Daniel Brown and Janani Shanmuganathan as they discuss the current state of sexual offence litigation in Canada. Learn about the status of the Supreme Court of Canada case R. v. J.J. and the constitutional challenge to key provisions in the Criminal Code (ss 276 and 278) that impact sexual offence litigation. They examine the hurdles that the defence bar must overcome and how current legislation can undermine an accused’s fair trial rights. Our guests shed light on the personal and professional challenges of defending against sexual assault charges, including the uncertainty during trials and unfair media perceptions. In a new segment called “Trial Diaries”, Danielle brings us into the courtroom, providing context to the reverse disclosure regime in section 278.92 of the Criminal Code. Other topics include: * Section 276 of the Criminal Code and the exclusion of a complainant’s past sexual history. * Bill C-75 and the elimination of preliminary inquiries. * Changes to the jury process. * A complainant's right to be represented by outside counsel and their roles during hearings. * Lack of appellate guidance on sexual offence issues. * Lack of alternative dispute resolution methods in sexual assault cases. Special Guests: Daniel Brown has a criminal trial and appellate practice and is the co-author of Prosecuting and Defending Sexual Offence Cases, 2nd Edition. Janani Shanmuganathan specializes in criminal appeals, trials, and professional discipline.