Law School Bound

May 2000

You are invited to our web site at www.prep.com.

LSAT Prep Courses for the June 12 LSAT start May 6, 13, 20, 27 and June 3

Newsletter readers can now pre-register for selected courses without paying until the course begins. For further information see our spring LSAT PROGRAM information below! Full details may be obtained at:

"Getting Into Law School - The Full Course"

In order to register please reply to this email and I will give you further information. 

This month's (May 2000) features: 

1.  QUESTION OF THE MONTH AND FEATURE - WHAT IS CLERKING? 

2.  WHAT TO DO NOW TO BEGIN THE LAW SCHOOL APPLICATION PROCESS 

3.  LSAT - THE CASE FOR THE JUNE LAST - REGISTER AT WWW.LSAC.ORG 

4.  FEATURE - THE TRIAL OF BERNARDO LAWYER KEN MURRAY 

5.  LEGAL ODDS AND ENDS - PIETERS ADMITTED TO OSGOODE, McCARTHY IN DEAL WITH U.S. LAW FIRM 

6.  RICHARDSON - SPRING LSAT PROGRAMS - CONFIRM A SEAT - BUT PAY     WHEN THE COURSE BEGINS! 

7.  GMAT AND GRE MATH REVIEWS FOR RICHARDSON LSAT STUDENTS 

8.  MASTERING THE LSAT AND PERSONAL STATEMENT BOOKS 

9. IN CLOSING - IF YOU LIKE THE MOLSON "I AM CANADIAN AD!"

QUESTION OF THE MONTH - WHAT IS CLERKING? 

You are invited to email me your questions.  Although I cannot respond to individual inquiries, I will select one of the questions and publish an answer in the following newsletter. Obviously, the chosen question will be one with the broadest application.  Please email your suggestions for possible questions to prep@interlog.com.

This months question is: I have heard that after law school I can work as a law clerk? What exactly does this involve?

So, here we go with the usual disclaimer - answers to the "Question Of The Month" are generally my opinions only. Check with your academic advisor before proceeding. 

Broadly speaking "clerking" is working for a judge. Clerkships are available at both the trial and appellate levels of the courts. The articling requirement may be fulfilled by clerking. Clerking may also be done after admission to the bar. I am fortunate to have found a guest writer to comment on his experience as a clerk. "Clerking I clerked at the Ontario Court General Division.  There are two differences that contrast this clerkship with appellate level clerking.  First, you are not assigned to a specific judge.  Instead, you are periodically assigned to a pool of judges defined either by an area of law (i.e. drug trafficking), or a region.  Nonetheless, you are able to form good relationships with individual judges and you tend to get steady work from them regardless of your assignment.  Second, you will gain superior insight into the trial process and I recommend this clerkship for those who have a serious interest in trial litigation.  I was able to sit in on several high profile trials and see the entire trial process unfold.  You will also see first hand some of the greatest litigators in the country on fascinating issues.   As well, you will also see the daily issues that arise from motions and endless issues of law.  The clerkship program at the trial level is very new.  I believe it is now in its fifth year.  The view that one gains from the clerkship is invaluable both from a practical level in becoming a good lawyer and from an academic and sociological commentary.  As for salary, it is worth noting that outside of Toronto, it is generally the highest paying articling position and the hours are very reasonable in comparison to large firms."

WHAT TO DO NOW TO BEGIN THE LAW SCHOOL APPLICATION PROCESS 

Completing your law school applications will take a great deal of time. The deadline for Ontario law schools is November 1. Out of province and U.S. law schools have different dates. You must communicate with them individually. Your goal is to have your application completed as early as possible. 

1. Now - Sign up for the June LSAT - www.LSAC.org An early registration should guarantee your choice of test centre.

2. Now - Select your referees. Talk with them this academic year. (While you are still fresh in their minds). 

3. Now that your exams are over - Decide whether you wish to enroll in an LSAT program. (Remember that many of them begin in early May.) 

4. Now until June 12 - Concentrate on the LSAT. Ideally, the LSAT  should be a "once in a lifetime experience." 

5. June 13 - Call the Ontario Law School Application Centre (519-823-1940 Ext. 558) and get on the list to receive the application (it should be available in July). 

6. June 13 - End Of Summer - Use the summer to work on your personal statement. Have a look at last year's Ontario Application form so that you can see how to  complete the autobiographical sketch. 

7. Fall - Get your applications in as early as possible. Remember that law schools are using a rolling admissions process. 

THE CASE FOR THE JUNE LSAT - REGISTER NOW AT WWW.LSAC.ORG 

It is fast approaching that time of the year. My advice is to take the LSAT the first June that you are free. This year, the June LSAT is Monday June 12, 2000. The deadline for regular registration is Friday May 12. June is the ideal time of year to do the LSAT because: 

1. You are more free from other academic commitments; 

2. You will get the test done earlier (remember law schools are using a "rolling admissions" process); and 

3. You will leave yourself a good time (October) to take the test a second time (should that be necessary). You may register for the test at www.LSAC.org. 

FEATURE: THE TRIAL OF BERNARDO LAWYER KEN MURRAY 

"Lawyers: they are different creatures"

(The title "Lawyers: they are different creatures" is borrowed from a recent Christie Blatchford article in the April 13 National Post.) 

The general public does not have a positive view of lawyers. The world is replete with lawyers jokes. It would appear that the jokes start at a young age. An 11 year old recently asked me: "What's the difference between a sperm and a lawyer?" The answer was: "The sperm has a one in a million chance of becoming a human being." 

The trial of Ken Murray, Paul Bernardo's first lawyer is perceived to be another example of lawyers conduct which is deserving of scorn and ridicule. 

In the unlikely event that any of you are unfamiliar with the facts, I will repeat them. After the police searched the Bernardo household, Mr. Murray was instructed by Bernardo to retrieve a set of videotapes from the house. The tapes provided graphic evidence of the torture and sexual assault of young girls. To put it simply: the tapes were strong evidence of the guilt of both Paul Bernardo and Karla Homolka. The Crown subsequently made a deal with Homolka. In very general terms - the deal resulted in a relatively light sentence for Homolka in exchange for her testifying against Bernardo. The Crown made the deal with Homolka without any knowledge of the existence of the tapes which had been retrieved by Mr. Murray. Mr. Murray kept the existence of the tapes a secret for approximately 17 months - at least until after the deal with Homolka had been made. His rationale was that he planned to use the tapes at trial to impeach the credibility of Homolka - his suggestion was that the tapes would show that: 

  1. Homolka was lying when she said that she was forced to do the bidding of Bernardo; and 
  2. Homolka and not Bernardo was the actual killer of the girls. 

Mr. Murray's failure to turn the tapes over to the government resulted in his being charged with obstruction of justice. 

Kirk Makin writing for the Globe summarized the Crown's position as follows: "The Crown contends that in staying silent while Ms. Homolka's plea bargain went through under false pretenses, Mr. Murray committed a serious obstruction of justice. It hopes to show that, acting as a paid stooge for his client, Mr. Murray was preparing to either edit or suppress the videotapes altogether, since they incriminated Mr. Bernardo at least as much as they incriminated Ms. Homolka. The Ministry of the Attorney General believes it was hornswoggled into offering Ms. Homolka her deal because in the absence of the videotapes, officials had no way of disproving her claim that she was a battered spouse forced to do Mr. Bernardo's bidding." 

The Attorney General's position is a serious distortion of reality. Facts are stubborn things. The facts include: 

  1. The Crown did not have the tapes because of an incompetent police investigation; and 
  2. The Crown opted to believe Ms. Homolka's claim that she was a battered spouse who was forced to do Mr. Bernardo's bidding. 

Furthermore, the Crown opted to believe Homolka without any corroborating evidence. Granted none of this is relevant to Mr. Murray's legal duty to obey the law - and if the law required that the tapes be turned over on a timely basis, then he should have obeyed that law. Furthermore, it is possible that if the Crown had possession of the tapes, it would not have made the deal that it did with Homolka. 

Last week I visited Mr. Murray's trial. I was amazed by the extent to which the government lawyers failed to recognize that although Mr. Murray has a duty to obey the law, he also has a duty to represent his client (Mr. Bernardo) to the extent of his abilities within the confines of the law. This means - as Mr. Murray pointed out - that Mr. Bernardo was entitled to a trial and Mr. Murray's obligation was to provide the best defense for Bernardo that the law allowed. This principle is recognized by the Law Society's rules of professional conduct. It is not Mr. Murray's job to help the Crown convict Ms. Homolka (or for that matter Mr. Bernardo). 

So, what are the "confines of the law?" It seems to me there are at least four issues. The law does include the Law Society's rules of professional conduct. 

I. Confidentiality - The Rules Of Professional Conduct Confidentiality Of Information - A Rule Of Ethics

The lawyer has a duty to hold in strict confidence all information concerning the business and affairs of the client acquired in the course of the professional relationship, and should not divulge any such information unless expressly or impliedly authorized by the client or required by law to do so. 

Role In Murray Trial - The presumption should be that Mr. Murray should hold the tapes in confidence. The presumption will be rebutted if Mr. Murray is required by another law to disclose them. 

II. Lawyer Client Privilege - A Rule Of Evidence 

The basic rule is that: Clients must feel that information they communicate to their lawyers cannot be used against them. The general rule of lawyer client privilege is that a client has a privilege to refuse to disclose and to prevent any other person (including the lawyer) from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client. 

Role In Murray Trial - The Murray trial actually began by lawyers acting for Bernardo arguing that by defending himself, Mr. Murray would disclose information in breach of lawyer client privilege. Mr. Bernardo would not consent to the disclosure of this information. The Judge ruled that Bernardo's claim to privilege would not be applied. 

III. The Rule Of Professional Conduct That May Have Justified Mr. Murray's Holding The Tapes: "Duty as Defense Counsel"

When defending an accused person, the lawyer's duty is to protect the client as far as possible from being convicted except by a tribunal of competent jurisdiction and upon legal evidence sufficient to support a conviction for the offense with which the client is charged. Accordingly, and not withstanding the lawyer's private opinion as to credibility or merits, the lawyer may properly rely upon any evidence or defenses including so-called technicalities not known to be false or fraudulent. 

Role In Murray Trial - The value of the tapes to the Bernardo defense is the main issue at the Murray trial. Mr. Murray's position was that the tapes could be used to destroy the credibility of Karla Homolka (the prosecution's key witness) and suggest that Homolka and not Bernardo was the actual killer. Under this theory the tapes both could and should have been used by Mr. Murray at the Bernardo trial. 

IV. Obstruction Of Justice - The Criminal Code Provision That May Have Required Mr. Murray To Disclose The Tapes 

Section 139 (2) of the Criminal Code of Canada says that "Everyone who willfully attempts in any manner to ... to obstruct, pervert or defeat the course of justice is guilty of an indictable offense and liable to imprisonment for a term not exceeding ten years." 

Role In Murray Trial - This is the section that Mr. Murray is charged under. The Crown takes the position that the failure to turn over the tapes prior to the Homolka plea bargain was a willful attempt to obstruct, pervert or defeat the course of justice. Mr. Murray's position is that the tapes were necessary to defend Mr. Bernardo properly.

As you can see the trial of Mr. Murray raises a number of legal issues and seems to involve the application of competing rules. Do the rules of Professional Conduct require Mr. Murray to use the tapes in Bernardo's defense? Or, does the obstructing justice provision of the Criminal Code Of Canada require Mr. Murray to give the tapes to the authorities? 

Christie Blatchford, writing for the National Post had it right when she said: "... if there are no clear rules governing what lawyers ought to do when presented with evidence like the tapes - and there aren't - and if they can't agree among themselves where their obligations lie, why on earth was Mr. Murray charged criminally over an issue that might be better resolved by his profession?" 

As future lawyers, what would you have done had you been in Mr. Murray's position? How would you have resolved the competing ethical and legal issues? 

LEGAL ODDS AND ENDS

1. Selwyn Pieters Accepted At Osgoode Hall 

In previous newsletters I have discussed the case of Selwyn Pieters, the man who argued that the use of the LSAT can be discriminatory in law admissions. Apparently Mr. Pieters has been accepted to Osgoode Hall in the "mature student" category. His complaint to the Ontario Human Rights Commission will continue. Congratulations to Mr. Pieters on his acceptance, courage and tenacity! 

For a more complete story visit the following web site: www.geocities.com/CapitolHill/2381/Lawschoolscase/york-admit.html 

For a very comprehensive site containing many interesting articles on this issue: www.geocities.com/CapitolHill/2381/Lawschoolscase/ 

2. Mature Applicant to U. of T. Sues to Recover Costs Of Applying to Law School 

Those interested in challenges to the LSAT and the admissions process may find the following site to be of some interest. www.geocities.com/CapitolHill/2381/Lawschoolscase/uoftlaw-ken.html 

3. McCarthy Tetrault Cements Affiliation With New York Firm Of Fried, Frank, Harris, Shriver & Jacobson 

Continuing with the theme of globalization and bigger is better, McCarthy Tetrault, Canada's largest law firm has agreed to a formal business alliance with New York's Fried, Frank, Harris, Shriver & Jacobson. This is not a merger (of the Tory, Haythe variety) but rather a business affiliation. The idea is to attract clients involved in cross border transactions - giving them the best of both worlds. It is becoming clear that the "provincial outlook" (no pun intended) of Canada's law firms no longer makes good business sense! Some advice: get yourself admitted to the bar in both Canada and the U.S. 

RICHARDSON - UPCOMING PROGRAMS

Confirm a seat - but pay when the course begins 

Please note that you may pre-register for Toronto one or two weekend courses (we are not yet offering this option for non-Toronto LSAT courses or the Mastering The LSAT course) starting on May 6, 13, or 27 - hold a spot and pay at the course. 

In order to take advantage of this option: 

1. Select the course you want (see the options below). 

2. Email us at lsatprep@netscape.net (note that this email address is to be used only for registration purposes) 

3. Your email should be clear about the course you want and include your phone number. 

4. You will receive a confirmation by email. Print out your letter of confirmation and bring full payment to the course. (Note that VISA and Mastercard payments must be emailed in advance or faxed to us at 416-410-4628). 

"If everybody were the same, we would offer only one kind of LSAT course." Well they aren't and that is why we offer you a choice of course format.  During the fall we will offer the following three kinds of courses at St. Michael's College on the downtown U. of T. campus: 

I. Mastering The LSAT:

5 full weekend days + 3 Wednesday evenings + 4 practice LSAT  testing sessions - $795 + GST = $850 

5 Full Weekend Day Sessions - 9:30 a.m. - 5:00 p.m.

3 Wednesday Evenings - 6:30 p.m. - 9:45 p.m. 

6 Practice testing sessions: 

II. Two Weekend Intensive:

4 full days + two evenings of practice LSAT testing $463 + GST = $495

PREREGISTER BY EMAIL AND PAY AT THE COURSE.

Session 1:

Session 2:

Session 3:

Session 4:

III.  One Weekend Basic Training:

2 full days + 2 practice LSAT testing sessions (This course is also available outside of Toronto - see below) $276 + GST = $295

 PREREGISTER BY EMAIL AND PAY AT THE COURSE

Session 1:

Session 2:

Session 3:

Session 4:

Session 5:

Weekend Courses: Western, Waterloo, McMaster, Ottawa

These weekend courses consist of two full days of instruction from 8:00 a.m. to 5:00 p.m. each day. They include the administration of one full length practice LSAT testing session which is administered on the Sunday afternoon. Please note that all of these courses are offered subject to receiving minimum enrollments. 

University Of Ottawa - May 27, 28 

Western - May 27, 28 (Note this has been changed from May 20, 21) 

Other locations - TBA             

The fee is $276 + GST for a total of $295 For further information: 

1.  Call us at (416) 410-PREP or 1 800 410-PREP 

2.  Email us at learn@prep.com and put "LSAT" in the subject line 

3.  Visit us on the web at www.prep.com 

GMAT AND GRE MATH PROGRAMS FOR RICHARDSON LSAT STUDENTS 

We allow our LSAT students to take only the math portion of our GMAT and GRE courses. You will pay only for the portion of the course that is related to the math. Give us a call or visit us at www.prep.com for possible dates.

SPECIAL DEAL ON THE NEW EDITIONS OF RICHARDSON MASTERING THE LSAT AND MASTERING THE PERSONAL STATEMENT AND GUIDE TO LAW SCHOOLS IN CANADA! 

$40 for both - shipping and taxes included!

These books are the only prep and application guides written from a purely Canadian perspective.  As such, they contain valuable sections designed specifically for applicants to Canadian law schools.  They will be in your university bookstore and are available from us directly. The new edition of Mastering The LSAT includes the complete text of Mastering The Personal Statement as an appendix.  Hence, it is a 2 for 1 deal.  It totals 480 pages and I have held the price to $29.95.  

Guide To Law Schools In Canada is the most comprehensive guide there is on Canadian law schools.  It retails for $14.95. The offer to readers of the Law School Bound Newsletter is as follows: 

Buy both Mastering The LSAT (which already includes Mastering The Personal Statement which is a $19.95 value) and Guide To Law Schools In Canada for one payment of $40 which includes all taxes and shipping.  The books may be ordered from us by calling (416) 410-5327.  Please note that the books are also available in your university bookstore. 

IN CLOSING - THE NEW MOLSON'S COMMERCIAL - PRAYER OF A BAY STREET ASSOCIATE: 

The new Molson's commercial:

(clears throat)

Hey. I'm not an ambulance-chaser, or a crook... and I don't bill $800 an hour or golf with judges, or own a Range Rover... and I don't know Aaron, Dave or Cathy from Torys, although I'm certain they work really, really hard. 

I have a Managing Partner, not a boss. I speak incomprehensibly, NOT in English. 

And I pronounce it ARTICLING, NOT BAR-BRI. 

I can proudly send my c.v. out to any Dot.Com that will take me. 

I believe in billable hours, NOT sleep. DUE DILLIGENCE, NOT weekends, AND THAT A THREE WEEK CLOSING IS A TRULY PROUD AND NOBLE WAY TO WASTE THE BEST YEARS OF MY  LIFE. 

A FRIEND IS SOMEONE I SEE ONCE EVERY TWO MONTHS (TIME PERMITTING), A FAMILY IS A PIPE DREAM, AND IT IS PRONOUCED 'T.O.'   NOT   'N.Y.C.',  'T.O.'! 

LAW IS THE SECOND LARGEST WASTE OF TALENT (next to I-banking) THE FIRST PROFESSION OF BAY STREET, AND THE BEST PART OF NOTHING! 

MY NAME IS (RANDOM) ASSOCIATE,

AND I AM A LAWYER!

The Richardson - Law School Bound Newsletter is published periodically from September to April and during the summer.  It is free to anyone with an email account.  Those interested in receiving a free subscription should send an e-mail to: learn@prep.com.  If you wish to be taken off the mailing list reply to this email and put "remove" in the subject line.  Feel free to forward the newsletter to anyone who might find it to be of interest. Copyright (c) 2000, John Richardson.  All Rights Reserved. learn@prep.com  www.prep.com  (416) 410-PREP