This year is for learning, growth, and taking bold steps forward (so says my horoscope).
So here are my 2025 INs and OUTs as an articling student who just conducted her first successful Small Claims trial.
INs
Controlling the Controllable
A lot of litigation, especially when it comes to trial, is thinking on the fly – witnesses can be fickle, sometimes opposing counsel are loose cannons, and judges don’t always want to make your life easy. That's what makes litigation exciting! However, with the excitement comes unpredictability, so my first 2025 IN is controlling the controllables.
By the time trial started, I could quote our Statement of Defence, I knew important dates like they were my own family’s birthdays, and I studied the rules of evidence and court decorum like it was finals week of 1L. Everything I could do to prepare was already done, and it was a comfort to know that the unpredictability of the courtroom was not up for me to decide.
Humility
Lawyers and law students have a reputation for being competitive and know-it-alls, and, frankly, insufferable at times. As an articling student, speaking from experience, are almost never the smartest person in the room, and even if you are, it’s very unbecoming to act like it.
The upshot of being humble is that soaking in the experience is when the learning happens. By being polite and courteous to the associate judge, the paralegal, and the registrar, I learned from all three.
OUTs:
Staying Quiet
I count my blessings every day that our client happened to be a former litigator. However, with his extensive knowledge of the law and the particular area of law in dispute, I let myself get intimidated and those nerves carried over into my opening submissions and cross-examination on day one of trial. I felt unsure after day one and didn’t want the same experience on day two. I decided to float my ideas by our client so that our strategy was collaborative and more importantly, it was one that I understood and felt confident executing. Suffice it to say, that my confidence improved on day two.
Uncomfortable Clothes
Day one of trial made me want to start a petition striking the first two words from the phrase “look good, feel good, play good”. Getting ready for trial, I put on an itchy grey top that looked so good, and I felt ready for the day!
But as soon as I stepped into the warm courtroom and began my opening submissions, I regretted my outfit choice.
Although looking professional and presentable is important – especially before receiving our “lawyer” robes – it is equally important to be comfortable speaking in front of a judge without looking like you want to jump out of your skin. So, my final 2025 OUT is uncomfortable clothes. Wear clothes that you can be confident and comfortable in.
by Angela R.