R. v. E.K.
R. v. E.K.
(Alberta Court of Justice, Calgary - Domestic Violence). EK was charged with a single count of domestic assault arising out of an incident with a domestic partner. Due to the strong emotional attachments between parties, domestic abuse allegations can be challenging to deal with. What made this case even more challenging was the fact that there were conflict issues that resulted in the case having to be managed by an out-of-jurisdiction prosecutor. In some instances, parachuting in counsel from other jurisdictions can somewhat complicate the case because of differences in the manner of practice from one jurisdiction to the next. By way of example, Calgary's criminal law culture and practice methodology is not the same as other locations in the Province. While this certainly doesn't mean that one practice methodology is better than the other, there can be differences to defending, prosecuting and even adjudicating a case from one jurisdiction to the next.
The best criminal defence lawyers in Alberta who appear in various jurisdictions throughout the Province will almost always make best efforts to be respectful of the dynamic of each jurisdiction, and in so doing, will try to adjust their approach to the file. In short, what works in Calgary may not be an effective approach to properly defending a case in Red Deer.
While EK's Calgary criminal lawyer was of the view that the case was a perfect candidate for resolution by way of peace bond and withdrawal of the criminal charge, it became clear that the out-of-jurisdiction prosecutor arrived with different practice experiences. As a result, EK was forced to plead "not guilty" and to schedule the case for trial. The downsize to this necessary approach to defending the case was that EK was saddled with additional legal fees that would almost assuredly not have accrued had the case been managed in a manner typical to the jurisdiction.
Ultimately, however, EK's charges were withdrawn. In this case, David Chow did everything he could to be sensitive to EK's wallet.
Calgary criminal lawyers who are sensitive to your wallet are practicing in the jurisdiction. To find the right lawyer for you, it is important not to be compulsive with your retainer money. Take advantage of the free consultation that many criminal defence lawyers offer. While David Chow does not effort multiple free consultations, he will take a reasonable amount of time during your initial free consultation to properly advise you about your case. To best take advantage of your free consultation, it is highly recommended that you prepare yourself to speak to the lawyer whom you are interviewing. Listen carefully. Ask reasonable questions. Understand the charges that you face so that you can obtain effective legal advice. Of course, ask about costs and get information about the lawyer's general retainer structure. Finally, before you send any money, make sure you are comfortable with your lawyer of choice; for once you send money to the lawyer, there is good chance that the criminal lawyer's fee structure is such that you will not get that initial back. Understand the lawyers cannot easily just take money and return money; they have to account for all retainers and in so doing must comply with Law Society rules and must be careful about their services being used to launder money. It is for this reason that most criminal defence lawyers charge block fees, because that structure assets with complicated billing, laundering issues and is generally black-and-white, leaving little to no room for arguments over the retainer.