Estes Fonkalsrud is the founder of Advocate Law Firm with a network of criminal defence lawyers in Saskatchewan, Canada. He has over 23 years experience in criminal defence work and is routinely asked by other lawyers for advice on criminal files. As a former Agent for Public Prosecution Service of Canada, prosecuting drug and income tax offences, Mr. Fonkalsrud has invaluable insight and experience that he uses to vigorously defend his clients. He is the President of the Local Bar Association and a sustaining member of the Saskatchewan Trial Lawyer's Association.
Mr. Fonkalsrud has extensive experience appearing before all levels of court in Saskatchewan. He has successfully defended clients throughout the Province of Saskatchewan and the Court of Appeal. He has experience defending complex and important cases in all areas of criminal law including murder, sexual offences, drug offences, financial crime, assaults, and driving offences.
In addition to a Law Degree Mr. Fonkalsrud has completed his Bachelor of Administration and Master of Business Administration. Prior to private practice he worked for a legal department of the Provincial Government and a large financial institution. He is also active in the community, having been involved with the YMCA, Shrine Club, Moose Jaw Businessmen's Club, and Chamber of Commerce. He has also enjoyed his time volunteering with Habitat for Humanity, the Humane Society and providing meals for the less fortunate.
Advocate Law is dedicated to solving the problems encountered by its clients in every aspect of criminal law from defending their clients in court to media and reputation management. The staff at Advocate Law understand that facing a criminal charge can affect all aspects of a client's life. Mr. Fonkalsrud passionately believes in the tenet that a party is "innocent until proven guilty" and defends each client with that core belief.
Estes, can you start by sharing your journey into criminal law? What motivated you to specialize in this area of legal practice?
Once I started practicing law, I saw firsthand the disadvantage accused people have against the resources of the Government. I have the ability and experience to help these individuals during one of the most stressful periods of their life. I enjoy my role to advocate for my client and help them defend their name.
In your view, what core philosophy guides your practice at Advocate Law, especially in handling criminal cases?
The core philosophies when handling a criminal case are simple: to represent the client fearlessly with a powerful defence focusing on success with integrity, dependability, and hard work.
Without breaching confidentiality, could you discuss one or two of the most challenging or significant criminal cases you've handled? What made them stand out?
I've handled thousands of criminal cases involving serious crimes from murder to fraud. Some of the most challenging cases have been files where my client's employment and reputation are being seriously impacted by false allegations. Cases that stand out for me are ones that I've been able to resolve before the allegations make it to the courtroom or media.
How have you seen the landscape of criminal law evolve throughout your career? Are there any recent legal changes or trends that you find particularly impactful, particularly surrounding the types of cases you work on?
The landscape of criminal law has evolved significantly over the 20 plus years I have been practicing. Laws have become more complex and often cases involve complicated pretrial hearings involving the admissibility of evidence or the Accused's Charter Rights guaranteed under the Canadian constitution.
When representing clients in criminal cases, what factors do you consider to ensure they receive the best possible defence? Could you share your process?
I am committed to providing my clients with the best defence possible, and I think this is reflected in the philosophy I bring to my work:
- My preparations are careful and detailed. I stay current on changes in the law and societal trends that could affect a jury.
- I accept a limited number of cases at one time to ensure a very strong focus on each client's case. I approach every client's case individually thinking "out of the box" to find the best possible defence.
- My team works together to bring extensive knowledge and experience to each stage of the proceedings.
What are some of the most significant challenges you face as a criminal defence lawyer, and how do you navigate these challenges?
Law is a profession that continues irrespective of other factors in my life. Finding a healthy work-life balance is important. I find files can affect my life personally because I will often be thinking about the next stages of a file even when not at the office.
How has the advancement of technology affected your practice in criminal law, especially in terms of investigation and evidence gathering?
Technology has had an immense and profound effect on criminal law. Advances in technology have moved faster in my opinion then many areas of law. With advances in DNA testing and other evidence gathering often I will have to consult experts to review scientific reports.
Lastly, looking to the future, how do you envision the field of criminal law evolving, and what goals do you have for your practice at Advocate Law?
For most the criminal justice system is a complex process and for those caught up within the system to navigate without the help of a lawyer can be overwhelming. I foresee the government putting more resource into virtual or remote hearings to alleviate the need for people to travel. This will help bring faster court hearings for individuals charged. A downside will be for defendants to prepare adequately as criminal law hearings continue to become more complex. Our goals at Advocate Law are to continue to make the process as transparent as possible for our clients as we help them navigate the best outcome.
