The Honorable Tracey K. DeWare

Chief-Justice-DeWare-1.jpgWHAT WAS YOUR PATH INTO LAW AND ONTO THE BENCH?

As a teenager I was very interested in politics and aspired to work on Parliament Hill some day. This interest led to an undergraduate program in Political Science and a decision to apply to law school during my third year. At that point I was still uncertain on law and was seriously thinking of pursuing a master’s program following my fourth year of Political Science. Much to my surprise, I was accepted into Law School at the University of New Brunswick during the summer between my third and fourth year of undergrad. Once the letter from UNB arrived in the mail the die was cast! I loved law school from the first day I walked into Ludlow Hall and my enjoyment first of the study of law, followed by the practice of law, never waned.

Fortunately, I was hired by a litigation firm for my articles and first few years of practice. The firm ran a busy insurance defense practice at that time which accorded many opportunities for young lawyers to conduct discoveries and argue motions in court. While I enjoyed all aspects of the litigation practice, the highlights were always the days spent in court. I enjoyed watching the senior lawyers argue cases in the early days and then experienced the inevitable adrenalin rush when I was able to argue cases on my own. I found the judges that we appeared before fascinating both in the approach taken to the management of their courtrooms and the decisions they would issue. I must admit from the time I began appearing in court, I would watch the judges conduct matters and think to myself - some day I really want to be sitting on that bench!

Throughout my legal career I continued to work in litigation with firms that specialized in that area. The last several years prior to my appointment I had the privilege to work with one of the large Atlantic law firms. Several members of the firm had been appointed to the bench in the years prior to my arrival and during my time at the firm. I think the fact that I had worked with individuals who had been appointed to the bench made the possibility of a judicial appointment seem somehow achievable. I applied for a judicial appointment and to my delight received a phone call in June of 2012, ten years ago, inquiring if I would be willing to accept an appointment to the Court of Queen’s Bench of New Brunswick in the judicial district of Campbellton. The answer was an enthusiastic yes, an answer I have never regretted.

WHAT ADVICE DO YOU HAVE FOR COUNSEL WHO APPEAR BEFORE YOU?

It will likely be no surprise that the first word of advice is preparation! There is no doubt that a lawyer who appears before the court well prepared, well organized, and fully cognizant of all aspects of her case will be well received. Well prepared lawyers exude confidence even when they are nervous, or their case is less than stellar. Preparation requires a facility to recount the facts, navigate the law, and be responsive to questions from the court. Regrettably for all of us, there are no shortcuts to being prepared – you are, or you aren’t, and it does make all the difference in the perception you will leave with the judge hearing your matter.

Secondly but equally important is integrity. A lawyer’s integrity is of paramount importance to their ability to adequately represent the interests of their clients before the courts. We’ve all heard the saying; a reputation takes a lifetime to build and seconds to destroy. Reputation and integrity go hand in hand. When dealing with clients, other lawyers, and the court it is essential that an individual be trustworthy and reliable. These are the key ingredients of integrity. At all times be true to your word.  Honor commitments made to clients, opposing counsel and the court. 

Finally, I would add it is important to be compassionate. Lawyers can be fierce advocates for their clients while also remaining compassionate in their interactions with participants in the judicial process. These two qualities are not incompatible. Today we see more and more self-represented litigants before the courts. I am always most appreciative of lawyers who deal with these individuals with patience and kindness rather than condescension or bullying. While lawyers and judges spend their days in courtrooms and are accustomed to the adversarial nature of the proceedings, it is a foreign reality for most people. Recognizing that you are often dealing with individuals at their most vulnerable and during what may be the most challenging days of their lives is important.