Hogarth is spoken of reaching the top tier of Canadian lawyers. I had the impression “the top tier” meant Toronto lawyers. While perception, fed by major Canadian media concentrated in Toronto, would create such an impression I disagree it is accurate. There are “top tier” lawyers across Canada. I do acknowledge that when I represented infected hemophiliacs and blood transfused at the Royal Commission into the Canadian Blood System in the 1990’s I had some trepidation on how I would fare with Toronto lawyers. I should not have been surprised that I found some to be exceptional, some to be good, some not better than average. I was able to be effective. There was no reason to have insecurity because I was from Saskatchewan.
As set out in my review, a link is below, Hogarth had a significant discussion with Eden Sass on recanting her testimony at the Delio trial. Later she had a conversation with Joanne and Zack that “the focus should be just on getting Eden to pull back on her plan to recant”.
In real life Hogarth should neither have spoken with Sass about recanting nor discussed with Joanne and Zack not recanting. She should have simply referred her to Zack for advice. She was acting contrary to the interests of her former client.
She is concerned over Sass damaging her reputation and even facing criminal consequences by recanting. In the thorny world of law and sexual assault what is the responsibility to encourage truth. Delio’s reputation, despite acquittal, has been savaged. Is there not a benefit to the community if the truth that a woman made a false accusation comes forth?
There is concern her reputation will be sullied if she recants and tells the truth. I did not see a comparable discussion about the accused’s reputation. Sass is concerned about Delio not wanting to live.
Canada is wrestling with the consequences from a General in the armed forces being acquitted of sexual assault and then in a civil proceeding the accusations were ruled unfounded on balance of probabilities.
There is reference to a fictional Saskatchewan lawyer who “died the death trial lawyers dream of; a massive heart attack seconds after the jury comes in with a not guilty verdict for their client”.
I state categorically it is no dream of mine to die in the courtroom.
In real life, a few years before I started my career, a Saskatchewan lawyer, J.G. Crepeau, died in a Prince Albert courtroom.
Some years ago one of my associates was dismayed when a witness he was questioning fainted.
Taylor, Joanne’s daughter discusses when a painting is done:
“.... With every painting, there comes a moment when you have to say, This is the best I can do. It’s time to walk away and let other eyes see what I hope they will see. Thank you for being here at that moment for me.”
Crafting a written legal argument comes with such a moment. The challenge is in realizing the moment as you are caught up in trying to make the argument perfect. A few drafts are useful but endless drafts dilute the argument. I see the moment has come when the narrative is clear and the argument flows.
Gideon Sass is a loud aggressive 62 year old lawyer derisively referred to by Zack as an “ambulance chaser”. He is notorious for starting class actions. His two sons are lawyers and one is disbarred. There is a legal family who could have inspired the character and his sons.
I would be happy if every Joanne Kilbourn book concentrated on the lawyers in her life.
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** Bowen, Gail – (2000) - Burying Ariel (Second best fiction of 2000); (2002) - The Glass Coffin; (2004) - The Last Good Day; (2007) – The Endless Knot (Second Best Fiction of 2007); (2008) - The Brutal Heart; (2010) - The Nesting Dolls; (2011) - Deadly Appearances; (2012) - Kaleidoscope; (2013) - Murder at the Mendel; (2013) - The Gifted and Q & A; (2015) - 12 Rose Street; Q & A with Gail Bowen on Writing and the Joanne Kilbourn Series; (2016) - What's Left Behind and Heritage Poultry in Saskatchewan Crime Fiction; (2017) - The Winners' Circle; (2018) - Sleuth - Gail Bowen on Writing Mysteries / Gail the Grand Master - (Part I) and (Part II); (2018) - A Darkness of the Heart and Email Exchange with Gail on ADOH; (2020) - The Unlocking Season; (2021) - An Image in the Lake and The Fourth "F" is Forgiveness; (2023) - What's Past is Prologue
Thanks, Bill, for the fascinating background to make this story all the more interesting. And what a controversial and interesting (and even unsettling) question; at what point (if ever) should there be a recant, and what are the consequences? That in itself is excellent fodder for the story, let alone anything else. And about Taylor's comment? Much the same can be said about writing a story...
ReplyDeleteMargot: Thanks for the comment. Recantation is a difficult matter in criminal law that is rarely addressed in crime fiction. It is complex and emotional with challenging issues on consequences.
DeleteJ.G. Crepeau, died in Punnichy, SK while in court. He had previously lived in Prince Albert but resided in Saskatoon at the time of his death. It was not his first heart attack. He was 44.
ReplyDeleteThanks for the information. I appreciate being advised of what actually happened.
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