• [*It is strongly recommended that the Rule of Law lesson plan precede this one in order to lay foundational concepts*]
• Review the rule of law by having them tell each other what it is and why it’s important, then compare with the definition that you want them to know (see below). 
  • If students were absent for the rule of law lesson, pair them with strong students who were present so there can be peer teaching. 
  • If this is a one-off lesson, or if students need help remembering, put the following definition on the board: the rule of law is the idea that in order to function smoothly and fairly, all members of a society agree to abide by a common set of rules, called ‘the law’.
• Show Just Mercy | Equal Justice movie clip (2:28) 
  • Ask students to think about the role of the lawyer (what does a lawyer do? What is this lawyer doing in the film clip?) and what this lawyer says about the rule of law. Play it again if students need to hear the speech another time.
  • Ask students how the role of the lawyer is important to upholding the rule of law.

• Display the following definition and question on the board and have students share with someone close what they think about the question: 
  • Under the rule of law, members of the public have a fundamental right to obtain legal advice from a lawyer whose duty is to their client, not to any other person and not to the government. 
  • If your job at a defense firm was on the line because you were representing a client who was unfavorable, would you still represent them?

• Move on to display the next definition and question on the board and have students share with someone close what they think about the question:
  • Lawyer independence guarantees that a client can be confident that their lawyer provides legal assistance without fear of interference or sanction by the government or other interests. The independence of lawyers and the courts is often considered to be one of the cornerstones of democracy.
  • If you needed a lawyer, how would you feel if the government had sole control over appointing who represents you? Or if everyone thought you were guilty and did not deserve a lawyer or trial?
• Have students generate 1-2 questions each on little slips of paper or sticky notes after learning some topic throughout this lesson. Then have students bring them to you and have an assistant write those questions on a whiteboard somewhere in the room and monitor them when they are answered.

Part 1: Let’s Practice – Lawyer Independence in the News

• Split the class into three groups and have them identify times where lawyer independence is being threatened or challenged. Groups read one “news story” (summarized from a real news story, below under ‘Materials and Resources’ and the full stores linked in ‘Additional References’)
• Groups discuss the following questions and choose a speaker:
  • What was the lawyer doing?
  • Who was attacking the lawyer?
  • What was the result of the attack?
  • How could the attack, or ones like it, challenge the independence of lawyers?
  • Is this level of interference of lawyer independence something we should be okay with? Or not? Why?
• Around the room, group speakers highlight what they discussed. 

Part 2: Limits of Lawyer Independence

• Post the scenario (below under ‘Materials and Resources’) on the board. An alternative activity is that if there are student volunteers, they could act out the scenario for the class. 
• Have students answer the following questions with someone nearby:
  • If Justine were to receive an overly “light” sentence or appear to get special treatment because of her position how would this impact the rule of law? What impression would it give the public?
  • Why is everyone, including legal professionals, law enforcement, and government officials, required to abide by the rule of law? 
  • If Justine were to be prosecuted for this crime according to the usual process, is it any different than Story 2 where the lawyer was also prosecuted?

• Reflection: Why should lawyer independence matter in a free society? What do threats of lawyer independence mean for democracy? Do lawyers get a free pass for their behaviour?
• Check the question monitoring to determine if all have been answered, and answer the remaining or commit to finding the answer for next time.

• Search for other clear examples of threats to lawyer independence in other countries where it is clearer cut. Prepare a short summary of the situation/story.
• Watch a film about lawyers (Good Examples: 12 Angry Men, My Cousin Vinny, Erin Brockovich, Anatomy of a Murder, A Few Good Men, Kramer vs. Kramer, Philadelphia, The Lincoln Lawyer, Michael Clayton, Primal Fear, To Kill a Mockingbird, Presumed Innocent, Just Mercy, The Trial of the Chicago 7, The Verdict) and prepare a short description and reflection on how the lawyer is or is not independent.

“Witness examined and cross-examined.” My Cousin Vinny clip 2023: 

https://www.youtube.com/watch?v=EURLk4wPo-s 

“The Importance of Judicial Independence.” 2020. Human Rights Pulse: 

https://www.youtube.com/watch?v=5S5NVNFoXzw 

“The principle of independence of lawyers: UN and IBA reference instruments.” 2020. International Bar Association:

https://www.ibanet.org/MediaHandler?id=3b458c65-53f4-41b1-a1b2-0f765a7c39b3 

“2023 Rule of Law Report.” 2023. European Commission:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52023DC0800 

“Got Questions About Judicial Independence?” 2019. The Canadian Bar Association: https://www.youtube.com/watch?v=MRQAwOYpGQc 

“Tory attacks on ‘lefty lawyers’ could fuel abuse, barristers warn”: https://www.theguardian.com/law/2023/aug/16/attacks-lefty-lawyers-abuse-bar-council-chair 

“Anti-corruption prosecutor in Guatemala given four-year jail term”: 

https://www.rfi.fr/en/international-news/20221217-anti-corruption-prosecutor-in-guatemala-given-4-year-jail-term 

“Threats to Ibrahim Ali's defence lawyers prompt court safety concerns in B.C.”

https://www.cbc.ca/news/canada/british-columbia/ibrahim-ali-threats-1.7062151