Representing Your Client “Fearlessly”: Julian Falconer Appearance at Advocates’ Society Panel (April 16, 2021)

What does a lawyer need to consider in acting for an unpopular client? How about a popular one?

On April 16, 2021, Julian Falconer of Falconers LLP participated in the Advocates’ Society program The Fearless Advocate: Litigating Polarizing Legal Issues. Julian presented on the panel Representing Your Client “Fearlessly” and Raising Every Issue: Navigating Your Professional Responsibility in Polarizing Litigation, which explored the issue of representing polarizing clients and issues.

Almost every polarizing case, whether popular or unpopular, is founded on legal issues that affect the rights of Canadians. Julian touched upon highlights of his legal career, looking at several of the polarizing but important legal issues and clients that he has represented. As Julian discussed with fellow panelists, the approach adopted by Falconers LLP in any polarizing litigation is that the lawyer should always remember and maintain their position as a legal technician. In doing so, the lawyer can ensure that the quality of the service they provide remains consistent, using the techniques and tools at their disposal. That said, Julian acknowledged how this approach may be in fact be more difficult when acting for popular clients where, on the perceived strength of a case, a lawyer may make missteps.

The panel also discussed other aspects of polarizing litigation, including how to maintain a professional relationship with opposing counsel, considerations when agreeing to act in polarizing cases, and tips for practicing lawyers. On the whole, the discussion was a fruitful and lively one with helpful insight for advocates.

Visit the Advocates’ Society webcast page in the future to see or request an archived version of the panel. For lawyers, the panel is valid for professional development hours!

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For Julian Falconer’s presentation on “Polarizing Litigation”, see here.

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