Ready, Set, Go: Trial Time

It all started with a simple, unassuming email from a Senior Lawyer, “Come see me when you have a chance please.” It quickly went uphill from there. The lawyer indicated that he had a small claims court file that had gone to multiple settlement conferences and none of the three parties were willing to budge. “It’s going to trial in 2 months” he said, “Do you want to handle it?” Unsure whether or not this was a rhetorical question I emphatically answered with a “Yes!” After all, this is what we live for.

This is both the best and worst part of trial preparation....

I quickly took the file and began looking through it to understand what was going on. It’s difficult to pick up a file that has been ongoing for almost two years and try to understand everything that has happened. Also, this file was fairly technical and quite complicated, but that didn't bother me.

Trial preparation starts long before trial.
All documents that you are relying on, as well as a list of proposed witnesses, must be served 30 days prior to trial. This means that you have to start gathering your documents and building your case well in advance of that deadline. I tediously gathered all the documents that helped my position and drafted a brief that presented them in a manner that was easy to follow and in support of my arguments. As the deadline for service approached I finalized and sent my document brief and list of proposed witnesses to the opposing parties. Shortly thereafter, an Offer to Settle went out, so that you can take advantage of the cost consequences in the event of a successful trial.

That’s when the heat gets turned up.
When all parties are able to see the documents being relied on by the other parties, and their cases become clearer, you can’t help but compare it to your case and wonder how you will fair at trial. This is both the best and worst part of trial preparation. This is also followed by many rounds of conference calls with opposing counsel trying to narrow the issues for trial and trying to build up your case while looking for insight into theirs.

Its crunch time.
Before you know it, trial is a week away. You’re now fine tuning your trial strategy, preparing your questions for your own, and adverse witnesses, preparing your opening statement and going over your documents to make sure you won’t be surprised at trial.

Then, 3 days before trial, when you’re at the peak of preparation, you get “the call”. The plaintiff accepted the defendants’ offers to settle. Case settled. Trial cancelled. A part of you is disappointed that you didn’t get to go to trial and test your ability to effectively argue your position before a trier of fact. However, your client is thrilled that the matter was able to settle without the uncertainty, and cost, of going to trial; and at the end of the day, that’s the most important part!

David O.

Ottawa Interviews

February in Ottawa means three things to students:

1. Like Ground Hog day, you've got at least 6 more weeks of frozen temperatures to look forward to.
2. Mid-terms are literally around the corner so your study time, and your level of procrastination, should be up to an all-time high.
3. Interview season is here!

Get a sense of who will be interviewing you by reading our lawyers’ online bios...

Interviews for the 2014 summer student positions are coming up next week at our Ottawa office and all of us here are thrilled to welcome you to our office for a chat.

I was in your shoes recently when I was interviewed for the Ottawa office articling position. While I can’t shorten our brutal Canadian winters or help you study for midterms, I can surely give you some tips for the Ottawa firm interviews.

Shivaan’s Top Tenacious Tips!

Get a sense of the potential interviewers

Nothing cuts the edge of interview jitters better than knowing that you have some sincere appreciation of  your interviewers’ experience and craft. Get a sense of who will be interviewing you by reading our lawyers’ online bios, and don’t forget to check out their articles which are also posted on our site. I bet you that at least one of our lawyers have written on a legal topic that will interest you.

Bring YOUR game to the interview

This might sound strange, but part of your preparation should be to consider who you are and how you got onto your current path. I am sure there is an interesting and even endearing story behind you. Tap into the part of you that has been temporarily bogged under text books and case summaries. Who you are and how you got to where you are is YOUR selling point. So, bring it.

The reason why MB has considered you for the summer position is because they saw something from your resume that jumped out at them, aside from your legal experience or education. Check out the profiles of our lawyers, articling students, and previous summer students. You will notice that we all come from a range of backgrounds and experiences. MB values a workplace with members who have diverse experiences.

I’m not going to lie; I was nervous coming in for the interview for the articling position at MB. I was coming to the table with certainly more non-legal experiences than legal-experiences, and didn't know how that would be received in the interview. I was pleasantly surprised by my interviewer’s genuine interest to discuss not just my legal experience but my non-legal experience. We both had a common love for photography and travel, and it made for some great conversation. For me, it was important finding a place that appreciates me for who I am, and that’s what I found at MB.

Go ahead and showcase your proudest achievements and qualities!

You’re a star, so shine like one

You've decided to interview with a litigation firm so speaking must be something you love to do. Being able present oral submissions in front of a master or discussing settlement with opposing counsel, will be an important part of your future career as a litigator at MB.

However, there’s another part of your career where speaking is very important. I’ll let you in on a little secret: MB is in the customer service industry. MB’s main goal is to ensure customer satisfaction by providing quality legal services. A big part of our jobs is developing meaningful connections with clients. Your interviewer will want to get a sense of how comfortable you are speaking with others. Let your conversationalist side shine in the interview.

Be choosy

Nothing is worse than getting something that you didn't bargain for. Be prepared to bring thoughtful questions to your interview. Be ready to voice the ideas and values that are important to you. If you have questions after reading up on our philosophy and principles from the site, bring them with you. Remember, it’s as much about you interviewing the firm, as it is the firm interviewing you.

At the end of the day, it comes down to this: be yourself and let your sincere interest come through.

Fingers crossed for a swift end to this polar vortex, good luck with midterm exams, and I’m looking forward to meeting you next week!

Shivaan dS.

Client Events

Client events are a great way for students to get involved with the business aspect of the firm and put a face to the person on the flip-side of the email or telephone. Luckily, MB gives its students numerous opportunities to do just that! And January/February seems to be the season for it!

Knowing how to interact and connect with your client can be just as important and is a skill only developed through practice.

Last week our office hosted Christmas in January, a cocktail party with a mingling of MB’ers, clients, experts of all sorts, and other industry shakers. Even next year’s articling students were invited to join in! Here I had a chance to meet adjusters and hear about their side of the business, speak with expert engineers and learn how they can help my files, and indulge in a student’s favourite thing – tasty hors d'oeuvres. Not to mention the office’s meeting room looked like we had been whisked off to an elegant winter cocktail lounge in the sky.

This week MB is also hosting a more causal affair – a client bowling night. This event has been of particular interest to me because the partner gave another student and me the chance to help out with organizing. We get are in charge of making the night as fun as possible for the clients with creative contests and charming prizes. This should be a great opportunity for us to spend some focused time with one client in particular and turn our mind to the client-relations side of the business. As students, many of us do not yet have appreciate that the practice of law involves far more than just knowing law. Knowing how to interact and connect with your client can be just as important. This is a skill only developed and mastered with practice.

If you are more of an introvert, or simply love to write, there are also opportunities to impress and network with clients through papers and seminars. MB and its practice groups host frequent seminars where clients are invited to our firm to build their own legal knowledge and understanding of a particular topic. Students are often involved in helping write a paper with a partner, doing research on the area of law, and sometimes even get to present at the seminar. Helping out with one of these is doubly good because you not only earn face time with clients, it is also an excellent occasion to make a splash with the partners!

All in all, there are countless ways for students to interact with clients from fancy cocktail parties, to bowling, to papers and seminars, and many others not mentioned here. And best of all, MB is always there encouraging us to dive right in! I know we are all excited for the next one, my personal favourite, MB Ski Day!

Emily C.

Legal Tech Talk

The application of technology is important in practicing law, from researching cases to organizing your meetings, and managing your files. MB prides itself on embracing technology which, in part, drew me to working here.

I have been particularly interested in how new technology can complement established practices for managing files.

It’s true that I have an old-school soul. My favourite band is Depeche Mode, I collect vintage apparel, and I long for 80s-style frosted flakes. Yet, I am also a self-proclaimed techie. I have been particularly interested in how new technology can complement established practices for managing files.

So, the following is how I have put to use some older features of my tablet in my legal world.

Snap

Like many, I love using a whiteboard for brainstorming. However, on any given day, I usually have multiple projects that I’d like to use the whiteboard for. Erasing my drawings for one project to make room for another would mean I would lose notes and visuals along the way. This is where my tablet comes in handy. I simply take a photo of my whiteboard notes (yes, the tablet camera can be used for more than just selfies), and save the picture in a designated folder. I can also print and file the visuals to my matter’s physical research folder, when necessary.

More recently, I came across a Whiteboard App for my tablet that is fantastic! See Splashtop Whiteboard.

Check, Check

I use my tablet’s voice recorder to brainstorm, and synthesize ideas, particularly when I am preparing research memos. Using a voice recorder, rather than typing or writing, allows me to capture ideas more quickly. I find that my ideas tend to flow more naturally when I use a voice recorder. Rather than using a traditional voice recorder, I’ve been using my tablet. The tablet's microphone, paired with the right apps, becomes extremely valuable in creating and managing voice memos.

You can easily find apps that allow you to record, name recordings, organize them into folders, and even attach photos to your recording (which can be very useful when you are brainstorming with your whiteboard). There are even apps that will automatically transcribe your voice recordings into text form! See Coffee Bean Ventures or Dragon Mobile Assistant.

Click

As you will see when you start articling, writing down instructions from assigning lawyers and clients is a regular part of your day. My problem is that, often, when I get back to my desk, I have trouble reading my notes; my penmanship is utterly atrocious. I’ve remedied this by typing on a Bluetooth-enabled keyboard which attaches by magnet to my tablet. Being smaller than a laptop, the tablet-keyboard combo is a discreet and less distractive way to bring a fully functioning computer into meetings with your assigning lawyer or client. In addition, I find the smaller keyboard allows me to reach keys more quickly, enabling quicker note taking.

Explore

The legal industry is quickly evolving. Now is the time for us, as regular consumers of new technology, to implement these tools into our practice. Apps and new tech gear, such as tablets, can increase your efficiency, organization, and, let’s not forget, enjoyment. Take a leap and explore these tools early in your career, before your practice gets busier. Hey, if they don’t work out, you can always go old-school with sticky notes, pen and paper.

Shivaan dS.

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.