On criminal defense and social justice
Photo credit: Amy C. Willis
On November 9, 2018, Pro Bono Students Canada had the distinct pleasure of hosting an intimate, student-focused event featuring Emilie Taman, a prominent Canadian lawyer, social justice advocate and co-host of the legal podcast, “The Docket,” in conversation with David Rudolf, a well-known criminal defense lawyer and lead defense lawyer in the Netflix docuseries “The Staircase.”
The conversation between Taman and Rudolf centred on wrongful convictions, access to justice, and the differences between the Canadian and American criminal justice systems. This inspiring gathering took place at the University of Toronto Faculty of Law and was attended by 50 social justice-minded law students.
When asked what inspired him to become a criminal defense lawyer, Rudolf reflected on several significant historical moments that inspired him: the Kent State shooting, Watergate, the Saturday Night Massacre, and a tour of the tombs (a pre-trial detention centre). Through witnessing these events, Rudolf felt he was watching the disintegration of the rule of law. This served as a wake-up call that made him critically question the role of the government, while simultaneously affirming his decision to attend law school.
After completing law school, Rudolf knew that the more traditional path of working in a large law firm was not for him. Instead, he “wanted to represent real people in criminal court,” which led him to his career as a legal aid clinic lawyer, providing legal representation to marginalized individuals in an effort to ease the struggles that accompany navigating the criminal justice system.
Reflecting on his life’s work, Rudolf mused that “it is amazingly rewarding to be in a position where you are helping other human beings. I am not defending someone [in this situation], I am helping them. People come in at the worst moment of their lives.” He further explained that, “in this role, you can push back against the abuse of power,” demonstrating that when injustices happen within the criminal justice system, pushing back is essential.
When Taman asked why criminal justice reform was such a challenging issue, Rudolf spoke to several points including the need for more widespread information and education on the problems within the system. In doing so, he candidly confessed that he felt the situation within the criminal justice system would likely get worse before it got better.
On a hopeful note, he spoke about the importance of law students recognizing the significance of pro bono, social justice, access to justice issues, and taking action in those areas while in law school. He said that both passion and a deeply rooted commitment to social justice were needed to undertake this work. As Rudolf shared, “this work has to be a calling.”
“[As a criminal defense lawyer], you can push back against the abuse of power.”
David Rudolf
Rudolf is also very well known for his prominent role in the Netflix docuseries, “The Staircase,” as Michael Peterson’s lead legal defense lawyer. The conversation naturally turned to the intricacies and behind-the-scenes details of the show, which followed the real-life preparations and court proceedings of Peterson, who was on trial for the mysterious murder of his wife, Kathleen Peterson. Regardless of one’s beliefs in Peterson’s guilt or innocence, this docuseries clearly demonstrated the devastating impacts criminal proceedings can have on one’s life.
When asked how he dealt with Peterson’s conviction, Rudolf shared that he held, and continues to hold, an absolute belief in Peterson’s innocence. He also shared that the outcome of that case, and the injustices that he witnessed during it, have impacted the nature of his practice, resulting in him focusing almost entirely on civil rights cases. From these lessons learned during the Peterson case, Rudolf now confronts the criminal justice system and his cases in new, social justice-minded ways.
Emilie Taman and David Rudolf are inspiring examples of engaged, social justice-minded lawyers who aim to increase access to justice at every opportunity. Both are stellar examples of the incredible social justice work which is possible when going the extra mile.
*Ellie Minchopoulos is a Program Coordinator for Pro Bono Students Canada. She would like to thank Amy C. Willis, Communications Coordinator for PBSC, for her help in editing this piece.
