Let the Games Begin: How Negotiation Competitions prepared me for my First Trial

I am happy to report that I argued my first case in the Small Claims Court and lived to tell the tale! I was representing the plaintiff in a hotly contested matter against an experienced opponent. The deputy judge reserved judgement so while we don’t yet know whether the court ruled in favour of my client, I felt well-prepared for the trial and can’t wait for my next opportunity to appear in court.

I was representing the plaintiff in a hotly contested matter against an experienced opponent.

I encourage any law students reading this. Get as much advocacy practice you can while you’re still a student. In my third year of law school, I spent a great deal of time preparing for and participating in national and international negotiation competitions. Along with a partner, I negotiated in front of practicing lawyers, businesspeople, and academics who had volunteered to judge the competitions. The judges were eager to provide feedback which encouraged participants to become better negotiators and advocates. Of course, these are mock negotiations without real clients and real money on the line. As a result, these competitions are an effective place to learn and practice advocacy skills before finding yourself in a real negotiation or, in my case, a real trial. It’s still early in the school year – seek out these opportunities to practice.

Not yet convinced? Think these extra-curricular competitions will eat up too much of your time during 3LOL? I’ve prepared some closing submissions on the matter.

The fact that I had participated in negotiation competitions helped me calm my pre-appearance nerves. I was able to remind myself that I had been in situations before where talented professionals were judging my performance.

My negotiation competition experience also allowed me to practice my public speaking skills. I knew that I would be able to express myself clearly and confidently in front of my client, the opposition, and the deputy judge.

Further, these competitions taught me to think on my feet. Particularly during my cross-examinations of defence witnesses and during my closing arguments, I was required to listen carefully and react to answers from witnesses and to questions from the bench. I was glad to have practiced these skills previously.

Although I happened to practice advocacy skills in the context of negotiation competitions, you can acquire and practise these skills in a variety of settings. For instance, many of my fellow articling students participated in moot court competitions and will attest to the fact that they benefitted greatly from the opportunity to practice appellate advocacy, public speaking, and other skills in moot court. Many of us also took trial advocacy to prepare for our summer and articling terms at McCague Borlack.

Make the most of your law school experience – seek out opportunities to practice advocacy skills before you begin articling; I’m very glad that I did.

Emily K.

Life Outside the Office

Two months into my articling term, instead of writing about some of the amazing experiences I have had thus far, I have decided to write about something that has allowed me to make the most of these experiences—and it is not related to work! In fact, it has to do with “life” outside the office.

there are many benefits associated with taking part in activities outside of work...

Yes, the topic of work-life balance may seem a bit cliché, but, in my defence, it is something that is far too often preached but seldom practiced. Fortunately, at MB, with effective time management, it is a totally achievable feat.

Outside of work, I regularly participate in Mixed Martial Arts (MMA), spend time with my friends and family, and still try to make it to the gym at 6:30 a.m. on a daily basis with Mahdi, another articling student (still trying to get the others onboard). At the same time, I have been successful in managing my workload and the stress that is associated with articling.

Admittedly, these activities have bettered my experiences at work. For one, I feel that I am much more productive while I am at the office. Additionally, I feel more energized throughout the day, which allows me to stay focused while working on a task.

Many other individuals at MB participate in interesting activities outside the firm. The perk of this is the unique blend added to the firm’s overall culture. Here are a few samples below:

Elsa

Michael Kennedy (Partner)

Other than being in a band up until the summer of 2015, when he is not in the office, Michael likes to spend time with his friends, snowboard throughout the winter and spend time with Elsa. Michael believes that as a successful lawyer, there will always be more work than one has time for and that the key is to learn to prioritize.

Eric Turkienicz (Associate)

Eric has been writing and performing comedy for over 10 years and has done performances in Chicago, Montreal, and across Ontario. In 2012, Eric was part of a group that was nominated for a Canadian Comedy Award. Today, Eric is a regular contributing writer to a satirical online newspaper. He says that these experiences outside the office let him explore creative expression in other areas, which coincidentally help him master the skills that come up regularly as a litigator!

Shayan and Cheyenne

Sandy Mark Lee (Legal Assistant)

When Sandy is not in the office, she selflessly makes it her mission to volunteer and give back to the community! Ultimately, she decided to combine her love for dogs and working with the elderly. So naturally, she picked St. John Ambulance. She and her beloved Cheyenne (yes, I said “Cheyenne”) visit long-term care homes, Bridgepoint Rehab Hospital, university, and colleges, attend fundraisers and soon they will be part of a team visiting travellers at Toronto Pearson Airport. Sandy says that the work she does outside the firm helps her with meeting the daily demands of her job at MB.

Although working at a law firm is challenging and fast-paced, there are many benefits associated with taking part in activities outside of work. However, it is undeniable that there will be times where you will have to make sacrifices due to the nature and the demands of the job. Just remember, there are 365 days in a year and 24 hours in a day, you can definitely spare a few hours on yourself!

Shayan K.

Lawyers’ Advice For Your Last Year Of School

It is now the final week of McCague Borlack’s 2015 Summer Student Program. All of the students can agree that we have had an excellent summer here. Not only did we meet and work with many great people, we also learned quite a bit.

...take courses that matter!

With only a few weeks left before we have to hit the books again, I decided to consult some lawyers at the firm to ask what they hope for students to gain in their final year of school before the begin their articles.

A major theme in the advice I received, understandably so, was to take courses that matter! This means, take something that you will utilize. It was highly recommended that students take the time to learn the Rules of Civil Procedure. However, this does not mean you should shy away from courses you are interested in. One lawyer said; take the opportunity to “broaden your analytical horizon” and to figure out what you are interested in. Another lawyer suggested that getting involved in a clinic during the school year was a good way of gaining hands-on experience and “perspective”.

Another piece of advice was that students should work on their time management by getting involved in extracurricular activities, maintaining a social life, and keeping ties to the community, on top of their course loads. The rationale behind this is that the skills you gain from managing your time are transferrable to your work when you begin articling.

A final piece of advice given was to remember that, “it is a marathon, not a sprint”. Meaning, do not forget to have fun outside of school and keep up with your hobbies/sports, as this will make you well-rounded. One lawyer eloquently stated that the last year of school is about setting yourself up for the next stage of life and that “your ‘career’ stage is longer than any other we have yet faced. Accordingly, this lawyer suggested that students in their final year take the time to figure out what it is they really want out of a long and happy career.

As the final week comes to end, we are saddened that the summer flew by. At the same time, we are excited that we will soon come back to article at MB. During this final year, we will be sure to follow the advice given to us by the lawyers at the firm.

Shayan K.

Introducing the Personal Side

As we approach the one-month mark of our Summer Student program, I think it is safe for me to say on behalf of everyone, that we have already learned a lot. In addition to gaining broad exposure to many areas of civil litigation, we have also been fortunate to meet many new and friendly faces throughout the firm.

Friendly Faces at the Firm

The rumours are true – everyone really is happy to teach, lend a hand and answer our infinite follow-up questions. The open-door policy at MB has been a pivotal part of learning both practical civil litigation skills as well as learning about our colleagues. This year there are 8 Summer Students, 6 in Toronto and 2 in Ottawa. After spending one month working very closely with, learning from and maneuvering through new areas of the law together we have all become fast friends. I want to take this opportunity to share an interesting fact or two that I have learned about each of my Summer Student colleagues – through personal biographies and candid photos (authored by me, with their consent, of course). So here we are in alphabetical order...

Karen 
Karen is a Doctor – a Ph.D. that is. Karen’s travels as a Paleopathologist have allowed her to spend at least one month on every continent, except Africa and Antarctica. Pretty cool. Appropriately, Karen’s favourite book is the Hitchhiker’s Guide to the Galaxy.

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Mahdi 
Mahdi is no stranger to working closely with other people around his age. Mahdi has six siblings, and considers his family 'small'. We can all thank Mahdi’s family for making him so friendly and cooperative!

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Melanie (Me!)
I am an extrovert at heart, with an unwavering love for musicals, specifically Grease, red velvet cake, and mid-distance running. While I can be found generally happy in most of life’s situations, I am easily debilitated by my fear of birds. ALL birds.

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Shayan 
In addition to his kindhearted nature and friendly demeanour, Shayan has established himself (among the student group) as something of a fashion icon. Most notably are Shayan’s regular rotation of colourful suit socks. They have become quite the conversation starter!

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Cassandra 
Cassandra is an Ottawa native, born and raised. As a former competitive figure skater, Cassandra enjoys the Ottawa winters and can appreciate the Rideau Canal in all its frozen beauty. Cassandra, however, does not appreciate peanut butter and jelly sandwiches.

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Victoria 
Victoria is a lady of many talents, outside the office she can be seen scoring touchdowns, running the field and playing defense on her Ultimate Frisbee team. Victoria also has a flair for fashion. The only thing larger than the documents in her AOD is her collection of shoes!

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Marla 
Whether she is keeping track of assignments that come through “the list”, analyzing documents for a Damages Brief or preparing a Motion Record, Marla keeps organized through her beloved Agenda Book. Constantly being prepared entitles Marla to indulge in her favourite treat – DQ’s chocolate-dipped ice cream!

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Tiffany
Although Tiffany enjoys her time in the Ottawa office, when she is outside the office she is quite the thrill-seeker! Tiffany has exercised her dare-devil edge through sky diving, hang gliding, parasailing and scuba diving, just to name a few! Stay safe, Tiffany!

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Melanie J.

Changing the Face of Men’s Health: “McCague Mos”

November is a unique month at MB. With summer well behind us, everyone is in full swing getting ready for year’s end, what with closing files and planning Christmas parties. But the most important part of the month is the new facial feature evident throughout the city. From court rooms to boardrooms, the newly grown lip toupees’ belonging to gentlemen across Toronto and the world marks the welcoming of Movember. At MB, McCague Mo’s, our Movember team, was back in action and ready to take on the mustachioed world.

With 8 dedicated members of the firm, including yours truly, donating their upper lips to support the fight against prostate cancer, and the entire firm making donations to support this valiant effort, McCague Mo’s managed to raise over $1,700 during Movember.

The sense of team camaraderie that I experienced with my fellow Mo Brothers and Sisters, as we all united for one noble, although fuzzy, cause, truly formed a bond that will extend until long after our mo’s have been rinsed down the drain. Our weekly photos quickly turned into sessions of storytelling about tasks that would normally seem routine, but have taken on a whole new life due to our Mos; previously mundane conversations now end with “is it itchy yet?” and a previously quick walk to a lawyers’ office is now surely interrupted by the snickering of others.

...being able to relax and partake in non law related extracurricular activities is essential.

Spending the amount of time that lawyers and students do at the office, being able to relax and partake in non law related extracurricular activities is essential. In the combined 8 months I have been at MB, I have participated in Movember, played with the firm’s softball team, competed in a charity volleyball tournament and attended the firm’s annual US Thanksgiving football party. These activities not only allow a break from day to day life at the office, but also allow me to get to know my coworkers outside of their professional jobs. This, in turn, leads to the forming of friendships, something that directly contributes to happiness while at work.

Although Movember is now over, its memory, and the contribution we all made to this worthwhile cause, will not be forgotten. Further, the experiences enjoyed with my peers truly contribute to a work environment that fosters friendships and collegiality alike.

Everyone ready for Decembeard?

Dave O.