If I could turn back time...

Even looking back to two months ago, before we were entrenched in attending settlement conferences or mediations, meeting with clients or presenting at seminars, or whether it’s just keeping up with the day to day carriage of our files, and doing it all, here are a couple things that I have learned that I wish I would have known before:

Here are a couple things that I have learned that I wish I would have known before...

1. No matter how confident you are in your case, opposing counsel usually feels the same way.

Now that I have been to a few settlement conferences and mediations, I have learned a lesson that all lawyers inevitably already know; opposing counsel usually thinks that they are just as right as you think you are. Now that I have come to this realization, I have increased my focus during preparation on better understanding what angle and approach the other side might take. Not only does this help me in determining deficiencies in my own case that I need to address (better I address it than have opposing counsel bring it up in court) but it also allows me to anticipate, and thus better respond to, the arguments that will be made against me.

2. If you’re not over prepared, you’re under prepared

The juggling act that we engage in before every appearance truly is a spectacle. We must be able to balance our time with our need to be fully prepared, and further with our need to act in a cost effective, yet efficient manner. However, after watching Masters refuse to grant various ex parte motions because counsel either could not provide answers to basic questions about their case or because they neglected to ensure that their pleadings were in accordance to the Rules, it appears that this problem doesn’t disappear once you are called to the bar. Being well prepared is a virtue, and although it may take some additional time upfront, in the long term it will almost always save you time, stress, and last minute research.

3. Lawyers are real people, in fact, so are partners

Now that we have experience working alongside partners and associates alike, the initial feeling of horror that we experienced when having to ask partners or senior lawyers a question is gone. Although they have significantly more experience and are much busier than us, they have no problem in answering even our most basic questions. An equally important finding is that as with most people, Partners have a sense of humour! For example, as I was sitting in a partner's office getting instructions on an assignment, he pointed to a stack of 10+ banker boxes next to me and said “that’s all the material for this file that you’ll need” just to laugh at the look of terror on my face (the file was in fact neatly stored into only 6 banker boxes).

4. Take a map whenever you walk in Toronto's PATH

At least once a week you will hear me say “I swear it was right here yesterday!” I can now draft complicated factums, argue motions and successfully attend settlement conferences, but I still cannot figure out where Yogen Fruz is!


With eight more months to the articling term, I can’t even imagine what else I will look back on and say ‘ if only I knew…”

David O.