Justice Boxall on JPTs: How to prepare for judicial pre-trials; Challenging Mandatory Minimums

This panel will discuss how to prepare for judicial pre-trials, including the practical and ethical considerations involved when conducting plea bargaining negotiations and trial strategy negotiations on behalf of a client. This panel will be focused on professionalism – from negotiations with the Crown, during a pre-trial with the judge, and while proceeding in court. Professionalism topics include:

• 1.1 Duty to maintain confidentiality, including justified and permitted disclosure in the context of pre-trial negotiations
• 1.4 Duty to act in good faith and avoid shart practice
• 1.6 Duties related to advocacy (not to abuse the tribunal process, mislead the tribunal, need for full disclosure, etc.)
• 1.16 Best practices for analyzing ethical dilemmas

From defence perspective: when is it appropriate to engage in plea-bargaining? (e.g. What if client maintains innocence but wants to take a plea deal? What if client resists a favourable plea offer but is likely to be convicted at trial? What if negotiations are occurring on behalf of one or more co-defendants?)

From Crown perspective: ethical duty to 'seek justice' when exercising discretionary powers, including in plea-bargaining context; strategic implications for defence -- tips for using language that appeals to Crown's ethical duties to advance clients' position during plea negotiations

• 2.4 Recognizing and being sensitive to clients’ circumstances, special needs and intellectual capacity
• 4.1 Practising with civility
• 4.2 Treating the court, opposing counsel, parties and others with courtesy and respect – in and out of the courtroom
• 4.4 Encouraging respect for legal institutions or authorities
• 5.3 Best practices for career and profile management as a legal professional
• 5.4 Mentoring best practices for lawyers