Lawyer

Lawyer | Farmer | Father | Scuba Diver | Pilot | Sailor | Runner

A man should look for what is, and not what he thinks should be.
– Albert Einstein

In 1966 the Strong Vocation blank said that I would do equally as well as an accountant, lawyer or carpenter! For no particular reason, I chose the law and my life has not been the same since.

In the summer of 1970 I joined Alexander Dubensky, QC as a summer student – I loved it from the beginning and the shrewd fellow he was, kept me on over winter (my 3rd year) doing research and helping where I could. My memory is that he paid me $250.00 per month! He then invited me to article to him in June 1971, shortly after graduation. I jumped at the opportunity. After an exciting year of articling (my salary jumped to $400.00 per month) Alex invited me to stay on as a "partner" (not equal). Following my call on the 5th of June 1972, by the Honourable Mr. Justice William Sinclair (the first student called in the new “Law Courts Building”), our firm became known as Dubensky & Scott, Barristers and Solicitors. We emphasized our practice in employment and trade union law. We acted for many, if not most of the trade unions in Alberta, certainly Red Deer North!

Within a month of my call I conducted my first QB trial in Fort McLeod – a contested will matter, with the main issue being the capacity of the testator. We won. Shortly after I took my call in the NWT and argued a certiorari matter on behalf of the United Steel Workers of America – again, we won!

In 1973 I made my first of three arguments before the Supreme Court of Canada – alas I have not enjoyed success there! However, one of my cases (K.v.L.) continues to enjoy fame as changing the law on the "best interests" of the child. I was on the losing side and the results, in all of the circumstances, were not unexpected.

In February 1974 I set up my own firm. Alex and I had to part ways. It was very sad and we both had tears in our eyes. My office opened up at 900 McLeod Building – a wonderful old place where over the years much fun was enjoyed. The poignancy of the matter is better understood when one knows that Stuart Alexander Scott, my second son, is named after Alex.

In time, Alex went on to a long and distinguished career as Assistant Deputy Minister, Labour; Chairman of the Alberta Labour Relations Board, and finally as a labour arbitrator and mediator, acceptable to all. He was an excellent lawyer, friend and mentor. He was greatly respected in the legal community.

In 1975 I was invited to join the firm of Barron McBain as a partner – I accepted and joined on the 1st of February 1975. Until I left the firm in 1981 those were, and continue to be, the most enjoyable years of my career. I was in charge of the Edmonton office, but worked closely with my partners in Calgary.

The dynamics of practicing with Walter Barron, Ross T.G. McBain, Sandy Park, Bruce Green, Murray McGown, my classmate Norm Hess, Jeffrey Kovitz, Pat Sullivan, Bill Johnson and so many others is impossible to describe! Even the partners meetings were fun! Unfortunately, in 1981 change that seemed inevitable occurred – Bruce changed firms, Ross went to the Alberta Labour Relations Board and I was invited to Calgary. I declined and established again, my own firm in Edmonton with Archie Zariski, Don Kramer and Marcia Stromsmoe. Only Don and I remain in practice. Marcia is retired doing world cruising and Archie is a professor in Australia. Since that time my firm has grown to nine or shrunk to a couple – normally it is in the four person category.

My work over those years has been quite general, having left the labour field following being counsel to the Brotherhood of Locomotive Engineers during the Hinton Train Inquiry conducted by the Honourable Rene Foisey in 1986.

My work is comprised of civil litigation, some corporate and commercial, and that which is euphemistically described as family law. For the last few years of my career I have been most fortunate to share it with two excellent young practitioners, David Yesdresyski and Britta Kristensen, young lawyers whom I am sure will go on to leave their indelible mark on the law.

I continue to love and enjoy the law; however, following the death of my dear friend Ross McBain in 2002, I decided that it was time to leave – at that time I elected on 30 April 2004 to sail around the world – to follow my long-held and deeply felt passion to accomplish that! I shall. Interspersed with that, I shall have the opportunity to live and work at my farm.

My practice will be sold and continued by lawyers I choose – my clients will be well attended to. I shall miss them keenly. I shall also miss the excellent people who have worked with me over the years – they were wonderful. However, I am not yet finished with Law. I have an application pending for admission to a graduate program at Trinity College in Dublin, Ireland, commencing in the fall term of 2006 – I hope they accept me!

To know that you know, and to know that you don't know – that is the real wisdom.
– Confucius

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