Duty counsel work is intense but rewarding, says lawyer Greg Zambrzycki
Working as an institutional duty counsel lawyer at the Toronto South Detention Centre, Greg Zambrzycki advocates for vulnerable clients at what is often the most difficult time in their lives.
A staff lawyer who has worked at Legal Aid Ontario (LAO) since 2016, Greg says he is one of a few duty counsel lawyers across the province who are embedded in the jails as “institutional” duty counsel. “My role has a different structure in that I am focused on the detention centre and facilitating communication between clients at the jail and colleagues in the court.”
Duty counsel are usually the first legal support for low-income clients (many of whom come from marginalized communities), ensuring access to justice for all Canadians. When someone suddenly finds themselves in the justice system, it can feel complex and overwhelming. Duty counsel are legal professionals who can help them understand what’s happening, what options are available, and how to exercise their rights. This role is crucial in the justice system, helping reduce disruption and delay in the legal process for people in need.
Military history
Prior to joining LAO, Greg served in the military and earned an undergraduate degree in economics at Royal Military College in Kingston. He worked as an army logistics officer at a Canadian Forces Base. While there, he oversaw logistics and assisted army personnel who were charged with a service offence. Greg became passionate about the latter aspect of the work, which led him to pursue a law degree at Western University in London. He articled with LAO in Pembroke in 2015 and joined the organization full time in Toronto the next year.
In his current role, Greg regularly visits and interviews clients at the detention centre to get their files ready and help them prepare for court, understand the process, and contact lawyers or sureties before their appearance. Since the pandemic, he works remotely some weeks and in person at jail on other weeks. When he is remote, Greg connects to clients by both audio and video appointments.
On remote workdays, Greg starts early, going through files and organizing documents at 7 a.m. and then conducting audio interviews with clients from 8 to 9:30 a.m. or scheduling video calls for the afternoon. “We connect with clients to get their file ready, complete our notes, and send the information over to our court colleagues who need it that day.”
Hectic pace
The work is intense but rewarding, says Greg, who deals directly with five to 15 clients per day. “Our days are go-go-go from start to finish, and it’s the end of the day before you even have time to reflect,” he says. Walking regularly through a maximum-security jail and interacting with people in a challenging living environment gives Greg a close perspective on the criminal justice system, he says. “All duty counsel work to help vulnerable people, and I’m dealing with vulnerable people in their most vulnerable moments.”
Many clients in the detention centre are undergoing severe withdrawal from substance abuse or experiencing some form of crisis, which contributes to their legal issues. “I speak to them and refer them to the appropriate services and try to get them to engage and participate in the justice process. Otherwise, they might refuse to go to court.”
Although he spends half of his time in the detention centre, Greg says he feels quite safe. “The corrections officers are concerned that the safety of me and my clients is observed. I’m sometimes dealing with people through a physical barrier such as a cell door, but mostly I’m with them in an interview room or common area.”
Job challenges
Working with clients in the detention centre poses some challenges, Greg notes. “Day to day, there are a lot of restrictions. There could be a huge delay in seeing someone because of a security incident, or they have been locked up and couldn’t use the phone to call a lawyer, so we just have to be patient.”
Client profiles vary greatly, he says. “Duty counsel connect with a wide range of people, from those who may be fairly familiar with the system to those at the other end – people who are shocked and don’t realize the breadth of consequences they face, even if they are not yet convicted.”
Client advocate
While the role of duty counsel can be difficult, Greg also has satisfying moments. He says his role gives him a unique perspective because he is embedded inside the jail and gets to know corrections staff, management and operations well. “It’s an extraordinarily challenging and rewarding job. You’re part of the system but also independent of it as an outsider, working as a forceful advocate for the liberties of your client.”
Greg recalls one particularly satisfying client interaction. “This individual was very skeptical of duty counsel and of any defence lawyers. The person was very angry, frustrated and distrustful. The client accused me of being on the Crown’s side and was frequently yelling at me.”
Greg spent a great deal of time visiting and showing support. “The person finally started talking to me, and I connected them with a mental health worker who developed a comprehensive set of wraparound supports for him, including supportive housing.
“As a result, I was able to get them released, and the client was so grateful. A person who had been so angry and hostile was now in tears, thanking me effusively.”
