In a very recent summary conviction appeal decision out of the Ontario Superior Court, Justice Kenneth Campbell in Shofman stressed the importance of a lawyer's “contemporaneous, reliable, objective records.”
I have a practice of sending off a quick email to the person whom I just spoke to, confirming what was said.
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As articling students, we are often fielding phone calls from clients, opposing counsel or unrepresented litigants. We have been taught by our mentors and articling principles at McCague Borlack to make contemporaneous notes of these calls that detail what was said and in what context. If appropriate, I have a practice of sending off a quick email to the person whom I just spoke to, confirming what was said. I find that this provides a relatively accurate time-stamp for the conversation and allows the other party an opportunity to clarify any issues that they may have with my recollection.
In this case study, the decision by Justice Campbell reinforces the importance of documenting key interactions that are relevant to a file. Not doing so may have unforeseen consequences, months or years down the road.
Read the case study:
Judiciary to the Bar: Make Contemporaneous Notes and Take Written Instructions.
Aryeh S.
