W.M. Pender wrote in this paper’s letters section late last year: “Only when the majority of voters across Canada realize the error being made in electing a lawyer to a political position will Canada have an efficient and fair government. I believe in the campaign slogan: It’s a D.E.A.L. or Don’t Elect Another Lawyer.”
That prompted this letter response from Paul Tysdal, who pointed out he was a farmer, not a lawyer: “I strongly disagree with his judgment that all lawyers cannot be trusted … in my experience some of the nicest, most talented and genuinely good people I have known are attorneys.”
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In the letters to the editor section of the Globe and Mail, Charles Hain wrote that the positive aspect of Conservative leadership candidate Belinda Stronach “joining the fray is that the political ring is not being limited to lawyers.” In the same paper columnist Roy MacGregor wrote that Stronach is “something very apart for the usual political ladder of being born male and climbing step by step through the youth party, law school.”
This discussion raises two questions. To what extent are lawyers involved in politics and are there any reasons why lawyers become involved in politics?
Some statistics. There are 301 seats in Parliament. Forty-one MPs are lawyers or professors of law. Ten of the 39 federal cabinet ministers are lawyers. Four of 58 MLAs in Saskatchewan are lawyers with three holding cabinet posts. Five of 83 Alberta MLAs are lawyers with three in cabinet.
From my experience, I know that politics is often discussed in legal circles. In an informal survey in a law class I was teaching, more than half the students indicated that they were interested in running for political office. And yes, I once sought a federal nomination and seriously considered it on another occasion.
Both law and politics require similar skills. Practising law involves analyzing problems to identify issues, then developing a position and defending it. These skills are equally relevant whether a lawyer goes to court or not. Contrary to popular belief, many lawyers don’t go to court.
Negotiating the sale of a farming operation or settling the division of matrimonial property requires the lawyer to develop a position for her client and put that forward to the other side. A lawyer’s duty requires him to defend a position even though he may not agree with it or not like the client. As a Saskatchewan lawyer you might find strip clubs offensive, but believe that your client has the right to advance his argument that the current Saskatchewan ban on serving liquor in strip clubs violates the Charter of Rights and Freedoms. So far, that argument has failed.
As a lawyer handling matrimonial property discussions, you may personally find your client chauvinistic and unreasonable, but recognize that he has the right to legal representation and that character is not a factor considered in dividing property.
Similar skills are required in politics where you must analyze situations and develop a position. More importantly, politics involves selling the public on your position and defending it against challenges. Equally, politics involves defending positions that aren’t always popular or that you disagree with. As a Liberal in rural Western Canada, you have to defend the gun control laws.
Political affiliation can also assist one’s law business. Governments contract out legal work. Being affiliated with the government in power will help get business and may help those lawyers who want to be appointed as judges.
Don Purich is a former practising lawyer who is now involved in publishing, teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
