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Art in the Legal Frame

Courthouse Libraries BC’s collection may primarily comprise broad-relevance legal texts, but intriguing esoteric titles can also catch our interest. One recent addition to our collection bridges law and the fine art trade. Art Law: Cases and Controversies delves into the legal facets of the art world. This comprehensive resource, available through Courthouse Libraries BC, explains various legal aspects of the fine arts, from copyright and the nebulous ownership rights of public graffiti to legal remedies for fraud and forgery.

The work underscores the unique legalities shaped by the digital age and discusses and contrasts the legal frameworks in Canada and the United States, adding invaluable cross-border context to the discussion.

Another recent acquisition, Undocumented: The Architecture of Migrant Detention, is an example of how art can be used to fix a legal lens. It is a comic book that uses a blend of architectural sketches and interviews to convey the harsh realities of Canada’s migrant detention system.

Art here becomes a medium for legal discussion, humanizing abstract concepts. It’s interesting to see the discipline of architecture being used to ask the very questions that compel justice principles to. The law, after all, is not merely black and white text but is alive with stories and experiences. Many of these can be captured through the prism of art.

W. LAURENCE SCOTT, KC

Lawyers on the Old Screens Finding inspiration in the movies and television

For over a century, lawyers have appeared in both the movies and on television. Audiences have been captivated by the administration of justice, the prosecution of crime and the legal profession as a whole.

Early on, shows dealing with lawyers portrayed us in a positive light, both as decent people and competent professionals. As the years pass by, we have seen lawyers acting self-indulgently and sometimes unethically.

A great fictional lawyer can inspire future lawyers and remind real-world lawyers why they do what they do.

There are few more iconic on-screen lawyers than Atticus Finch defending someone in a hostile environment because it is the right thing to do. Harper Lee’s lawyer protagonist in To Kill a Mockingbird may be as one academic described: “the dream that young lawyers hope to achieve and that old lawyers regret having lost.”

When it comes to titans of television lawyers, Perry Mason is certainly one of them. Played by Raymond Burr, a native of New Westminster. Mason was a brilliant and dedicated defence lawyer tasked with taking on the most impossible of cases.

He was assisted by his secretary Della Street, played by Barbara Hale, and his private investigator Paul Drake, played by William Hopper. With the help of his two sidekicks, Mason didn’t just defend his clients, he used a variety of ingenious ideas to shape the law and save his clients from wrongful imprisonment.

For over a century, women have been appearing as lawyers in the movies. The Reckoning Day is perhaps the earliest film featuring a female lawyer. It was produced by the Triangle Film Corporation in 1918 and introduced viewers to a lawyer named Jane Whiting. While she was no Atticus Finch or Perry Mason, Whiting was able to expose a nefarious gang of spies and rescue the young son of a prominent senator.

Perhaps the famous and enduring of films featuring a female lawyer is the comedy Adam’s Rib, in which husband and wife lawyers played by Spencer Tracy and Katherine defence of the wife and trounces Adam in the courtroom.

You would be hard pressed to find a more dedicated lawyer than Law & Order’s Jack McCoy. Played by Sam Waterston, the character is steadfastly committed to getting criminals off the street. For 16 years, Jack McCoy was consistently superb at his job and, unlike many other television lawyers, Jack was presented in a serious way as someone who would always get the job done.

It’s hard to think of television lawyers these days and not think of the unethical and corrupt Saul Goodman, played by Bob Odenkirk. However, it cannot be denied that Saul is successful in his work. Sure, he defends people who do not deserve to be defended, and helps them get away with some atrocious activities. But, if they are paying clients, then who can blame Saul?

Yes, the world needs more lawyers like Atticus Finch, armed with the intangible qualities that set us apart: the specialist expertise, altruism, ethics and the trustworthiness that defines our professionalism.

We need the decency and determination of Perry Mason. We need the elegance and enthusiasm of Jack McCoy. And, we need the independence and integrity of Amanda Bonner.

Hepburn square off in the courtroom and the bedroom. There is trouble in paradise when husband Adam Bonner, a district attorney, pursues the prosecution of a wife for the attempted murder of her husband. Wife Amanda Bonner takes up the

The hope must be that some of these old-fashioned notions of faithful and selfless service will live on in those who practice law in the movies, on the television screen and in real life.

KRISTA JAMES

How Art School Made Me a Better Lawyer Law is a space for creativity

During my youth I was always drawing and making art. I was also passionate about access to justice and keen to acquire skills I could lever to help redress wrongs and contribute to system change. I perceived art and law as divergent pathways, and I chose law.

In my mid-thirties I took a break from law and studied at Emily Carr University. I focused on film, video and performance art. When I returned to legal practice, I was surprised to discover that art school had made me a better lawyer.

Art School Taught Me To Collaborate

Film and video-making are collaborative. You need people on camera, lighting and sound. You need actors. You need help to transport equipment and prepare the set. You may need assistance to edit sound and imagery. Most of us found the element of the practice that was our strength, and we relied on classmates to bring their talents to our projects.

In contrast, law school is highly competitive and individualistic. There are medals, scholarships and exams. We compete for coveted articling positions and clerkships. This approach does not adequately prepare us for the practice of law, which requires us to play well with others. Lawyers work with students, associates and paralegals; we must understand our strengths and collaborate with colleagues, who bring other skills to a problem. Emotional and professional survival also requires us to build a community of practice.

Filmmaking Taught Me The Craft Of Editing

I was an excellent paper-writer throughout university; however, art school taught me economy and nurtured my love of editing. Filmmaking is expensive. Every second of imagery and sound increases production costs. You must distil your story to its critical core elements. Returning to legal practice I discovered there is almost always a shorter and better version of a text. That process of whittling the material to fewer words has become one of my favourite aspects of the writing journey.

Art School Taught Me The Value Of Finding The Narrative

Like filmmakers, lawyers are storytellers. We weave people’s experiences and legal jurisprudence into a compelling argument. To do so, we must centre the ideas that will pull in the listener and identify the ideal flow of information. This is true not only of oral advocacy, which is more obviously performative, but also of drafting. To persuade or be understood, you must keep your reader engaged.

ART-MAKING TAUGHT ME TO CONSIDER MY AUDIENCE

“The crit” is a core element of the art school learning process. We endure grueling group critiques of all our creations regularly. This practice forces us to reflect on the impact of our work on the viewer. There is no art without an audience, particularly in the context of film.

A good lawyer is a chameleon. Every assignment requires us to consider the audience and tailor the language to suit that listener. Legal jargon that is powerful in court creates barriers in client relationships, where plain language is usually ideal.

Art School Enhanced My Ability To Think Visually

Law school teaches us to trade in words. However, the practice of law is full of diverse learners. Many people are visual learners, and imagery can be an effective tool for clarifying complex concepts. A sketch of a court room may reassure an anxious client, and a diagram of succession can help a potential beneficiary understand their rights. The challenge of translating legal concepts into pictures is one of my favourite parts of public legal education.

Legal culture emphasizes continuing education. There are many ways to enhance our skills. Art school began as an exciting detour, but it made me a better lawyer. I encourage you to look in unexpected places for meaningful professional development — and joy.

A Term To Remember

CBABC Sections were more active than ever before with record-breaking member engagement opportunities across the board. Volunteers worked hard to create a variety of programs and events that connected members when and where they wanted it.

Missed a meeting? Not to worry — your membership gives you exclusive access to Section meeting minutes and on-demand recordings Want to stay in-the-know on key updates and event notices? Update your enrollment today

A Transformative Weekend

The Aboriginal Lawyers Forum hosted their annual retreat at Tigh Na Mara Resort in beautiful Parksville. Members heard from esteemed speakers Doug White, KC, of the Premiers office, Dr. Judith Sayers of the Nuu-Chah-Nulth Tribal Council, Bruce McIvor of First Peoples Law and The Honourable Judge Karen Whonnock of the Provincial Court of BC. This year’s theme, Honouring the Past, Foundations for the Future, gave speakers the space to share past experiences, how far we’ve come and the work ahead. Highlights included networking opportunities, a formal dinner and a popular beadwork session led by Michele Casavant.

Reaching New Heights

The 16th Annual Aboriginal Lawyers Forum Auction was a roaring success. Thank you to all who donated to this worthy cause. Over $17,500 was raised this year — the fourth consecutive year of record-breaking numbers. All auction proceeds fund opportunities for Indigenous law school and articling students through the Warrior Project

LOOKING AHEAD: 2023/24 SECTION TERM cbabc.org/enroll

CBABC members have a lot to look forward to next term. Section Executives are hard at work to bring a robust lineup of virtual and hybrid professional development sessions combined with several networking opportunities like our popular Monte Carlo Night, For the Love of Litigation Dinner, Family Law and Judges’ Dinners and more!

MASTER SHADOWING: A SELLOUT EVENT FOR YOUNG LAWYERS

Back by popular demand! The return of the Young Lawyers Regional Master Shadowing Series, a much-anticipated event, sold out within days of going live for members. Sessions were hosted in Kelowna with Master Steven Schwartz, in Vancouver with Master John Bilawich, Master Susanna Hughes, and Master Terry Vos, and in Victoria with Master Sandra Harper. Between them they shared insights on the dos and don’ts of attending chambers. Attendees enjoyed a dinner followed by a full day at the courthouse to see chambers proceedings first-hand. After the chambers session, Masters led a debrief and Q&A. The Vancouver Q&A is pictured here.

Expect to see future Master Shadowing sessions in the upcoming term! Enroll in Young Lawyers Sections to register before they sell out.

WILLS & TRUSTS - VANCOUVER

This term, the Wills & Trusts – Vancouver Section dug deep into the complex issues wills practitioners face. Subjects included e-wills, the intersection of family law and estates, and the potential for notaries to draft trusts and probate applications.

On June 3, Section members came together for the annual Wills & Estates Conference in Richmond. Under the theme, Pathways Forward, members explored today’s emerging estate planning landscape. Topics included the updated BCLI Undue Influence Guide 2023, dementia-friendly practices, Real Estate Planning in the New Disclosure Era and much more.

Participants also enjoyed a networking reception, formal dinner and the annual law trivia challenge.

VANESSA JOHNSON