Initial Client Intake for Criminal Matters (1:III)

A. Determine the Status of the File When a client comes into the clinic and informs a clinician that he or she must appear in court, the first thing to do is determine the nature of the next appearance. 1.Client Comes to the Clinic Before the First Appearance Date The clinician should first advise the client he or she must attend court at each appearance date. The clinician should further advise about the nature of the first appearance, and be told that the trial never proceeds at that time. If the time before the first appearance date is brief 1-4 (one week or less), the client should be advised not to enter a plea, but to ask for a two-week adjournment to find counsel, to seek further legal advice, or to prepare his or her case. The clinician should assess the possible options for legal counsel and give general advice. They should not get into the client’s “side of the story” until particulars are obtained and they have met with the supervising lawyer. 2.Client Has Already Appeared in Court If the client has only appeared in court once, he or she has likely already been granted an adjournment to retain counsel. If the client has appeared in court on a number of occasions, the Justice of the Peace (JP) might not grant another adjournment, and a trial date may be set at the next appearance. A judge, however, has discretion to allow further adjournments when there are extenuating circumstances, like LSLAP black-out dates. 3.The Trial has Already Been Set LSLAP cannot represent a client unless the trial is more than 3 months away. If the trial date is sooner, the client can be advised to ask for an adjournment of the trial to a later date. This can be done at the Trial Confirmation Hearing or earlier. If the adjournment is not granted, the client should be advised that LSLAP cannot act and it is their responsibility to seek other counsel. NOTE: Several pamphlets available from the Legal Services Society may help a client prepare for his or her own trial. These include: “Representing Yourself in a Criminal Trial,” “Speaking to the Judge Before you are Sentenced,” and “If you are Charged with a Crime”.

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, (1) a written argument, or (2) a memorandum of law. A brief is usually presented to a judge as a summary of an argument or the law on a particular issue. Curiously, briefs are rarely brief.

The suspension of a hearing or trial, usually when the hearing or trial cannot proceed on the date scheduled or because it cannot complete within the time scheduled, normally until a specific date. See "sine die."

(1) A lawyer, or (2) the advice given by a lawyer to their client.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

To determine the proper value or worth of something. A lawyer's bill may be assessed by a registrar to determine the actual amount the client should pay. See "appraisal."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

(1) Intentionally doing a thing, or (2) a law passed by a government, also called "legislation" or a "statute." See "regulations."