Showing posts with label civil procedure. Show all posts
Showing posts with label civil procedure. Show all posts

Wednesday, 9 June 2021

I wish I had paid more attention in Civ Pro (and other thoughts)


Starting as a summer student made me realize just how much I did not know. There are new office protocols, a new computer system to learn, going on your first field trip and not understanding anything that was said. One of the biggest things I have learned so far is that the rules of civil procedure are not like long division; you will have to use them in everyday life (as a litigator) and they are actually important. After almost two full weeks on the job here are some of my other biggest takeaways:


Always ask for a precedent even if you don’t think you need one.
Different lawyers may have different expectations or even preferences when it comes to formatting.

"It’s always better to just ask than to finish an assignment
and find out it’s not what the lawyer wanted."

At this stage, even seemingly straightforward assignments can be different from what you expected. In my first week, I was assigned to complete a list of undertakings, and assuming I knew exactly what I was doing spent forty-five minutes listing them in bullet points in a word document before realizing that it makes way more sense to have them in a chart form along with page and line numbers. Sometimes lawyers forget that we have no idea what we’re doing and that’s ok you just need to remind them and they’re always happy to clarify.

When to ask questions: the twelve-minute rule.
As a student, we have questions about almost everything. As much as we’re encouraged to reach out when we don’t know what to do there is always the worry that (a) I should already know this and (b) what if the lawyer is busy and I’m bothering them. If you’re not sure when to ask follow the 12-minute rule. If it takes you more than twelve minutes or 0.2 of docketable time to figure something out, then it’s time to ask. Taking any longer is going to waste your time and at that point, it becomes more efficient just to ask.

Docketing: how long is too long?
One question that is asked almost daily in our summer student group chat: “is this task taking me too long?” Nothing induces panic more than a lawyer telling you this assignment should only take you about an hour and then it actually takes you six (an actual research assignment I recently had). Never slash your own hours! It takes however long it takes. Lawyers who have already been practicing for years will obviously be able to finish a task that they have done a hundred times before faster than a student. A student adage is to take the time suggested by the lawyer and then multiply it by their year of call and that will give you a more realistic measure of how long a task should take to complete. At the end of the day, all students are slow and it’s not worth stressing over.

Use the virtual experience to your advance: field trips anyone?
One of the unexpected benefits of starting as a summer student during a pandemic is that working virtually has blurred the lines between geographical offices and exposed us to more areas and avenues for work. Since starting I have completed assignments from our London office, attended an arbitration in Toronto and have an upcoming mediation in Ottawa. While in-person would be a great experience, zoom makes it easier to access and attend more field trips. A virtual summer makes it possible to work with lawyers in any office. There is an added bonus that the Toronto and Ottawa students can work together as a group rather than being divided by geographical office.

Ultimately my main takeaway is that it's ok not to know anything. You learn by doing and sometimes an assignment won’t make any sense until you try your hand at it, and if you are really stuck all you have to do is ask! 

Wednesday, 11 April 2018

Essential Gear - A Survival Guide for Articling Students

Before I go backcountry camping, I triple check that I have packed all the essential gear – plenty of matches, my headlamp, the water purifier, etc. I have a feeling that if I ever forget my rain jacket, I will be in for a rainy canoe trip.

My articling experience is no different – the gear is key. Having all the essentials on hand helps me stay focused on the work.


The Rules of Civil Procedure

We consult the Rules daily and it is important to become familiar with them. The firm provides a print copy of the Rules that are kept in the Student bunker (the area of the firm where all articling student cubicles are located). You can look them up online, of course, but if you’re going to Court, bring the actual book so that it’s as easy as possible to flip to the appropriate Rule.

Blue Light Filtering Glasses

These filtered lenses can help to lessen the strain on your eyes caused by working on a computer all day. You can get them with or without a prescription.

Mos Mos Coffee Gift Card

This coffee shop, located on the concourse level of the Exchange Tower, is my go-to spot. Even if you only order a brewed coffee, they steam the milk and sprinkle cinnamon on top! If you load a gift card with $30 or more, they will add 10% to your card balance. Who doesn’t like discounts!?

Lip Balm & Hand Cream

Offices are dry places – stay hydrated, folks.

Brookside Chocolate & Kind Bars

Snacks can help tide you over until you can get home for dinner on nights when you just need to finish something before leaving work.

Comfy Shoes

I like the look of high heels but definitely not the feeling of wearing them all day. I like to keep a pair of flats at my desk to change into. Many of us also have Blundstones for the commute.

Carrot – the App

This step counting app incentivizes you to hit a daily step goal by rewarding you with loyalty card points. I’ve got mine set up to award me with Scene points when I hit my step goal. It encourages me to get moving daily and means that I can see a free movie every now and then.

Membership to a Professional Association

I’m a member of the Women’s Law Association of Ontario (WLAO), the Toronto Lawyers Association (TLA), and Young Women in Law. I enjoy attending networking events, professional development workshops, and social events with other articling students and lawyers. Membership fees at most associations are low for articling students. A couple of my favourite events this year included the WLAO’s Champagne and Shop Event at the Bay (I’m a bit biased since I co-hosted that one) and the TLA’s Articling Head Start Program. I’m excited to attend the Young Women in Law Gala later this spring with keynote speaker Margaret Atwood.


Bose Quiet Comfort 35 Wireless Headphones

These cost a pretty penny but boy are they worth it! A colleague of mine had a pair while we were summering together and she convinced me to buy a pair. Since we work in an open-concept workspace, it can be noisy. So the headphones' noise-cancelling feature is very important to me. If music is distracting for you, I suggest you listen to a white noise track or nature sounds. To save money, buy a refurbished pair at the Toronto Premium Outlets’ Bose store. Incidentally, that outlet mall is also a great place to shop for work clothes.

I hope this kit list inspires you to surround yourself with whatever you need to feel comfortable, prepared, and ready to tackle any task that comes your way.

By Emily K.

Thursday, 28 March 2013

Survey Says...

For this week’s blog, I thought I would switch things up a bit. I thought it would be fun to show you the faces that I have the pleasure of seeing every day.


After devising this survey  >   >   >


I then asked (ok -forced) the MB Students to share a bit more about themselves and about their favourite parts of articling at a civil litigation firm.


I have put together below some of their best (in my humble opinion) answers.




   






  Q2: Settlement conference – It makes me feel like the
lawyer, I thought I would be.

Q3: The Bancroft Court of Justice - Because of the
beautiful countryside drive.

Q5: Harvey's– in two words: Original Burger

Q2: Motion all the way

Q4: Mediations – You generally get to hear the whole story from the beginning and really get a sense of the issues in the case.

Q5: IQ– Quinoa, the superfood.

Q1: Rule 49 - Offer to Settle - Because why can't
everyone just get along?

Q3: The Oshawa Court of Justice - Because it reminds me of 'Gringotts Wizarding Bank' (from Harry Potter, for those that don't indulge in wizardry).

Q5: Aroma– FREE chocolate, need I say more.


Q1: Rule 37 – Motions!

Q3: The Orillia Court of Justice – My first Settlement Conference.

Q5: IQ – healthy and delicious!

Q1: Rule 49 – It promotes a resolution of the issues and "punishes" those who are not willing to cooperate or be an effective lawyer.

Q4: Mediations - Another opportunity to resolve the claim and make the client happy.

Q5: Chinese noodle soup place at the Sheraton Hotel -when I visit my colleagues in Toronto.

Q2: Settlement Conference - I like the opportunity to meet opposing counsel face to face.

Q4: Examinations for Discovery - Network Reporting has great food!

Q5: Thai Express – Not exactly "express" but worth the wait!

Q2: Motions - I think it's a good opportunity to practice oral advocacy and to have to think quickly on your feet.

Q4: Mediations - I haven't been to a lot of them and it is interesting to watch different lawyers' negotiation strategies.

Q5: Freshii – I collect points on my phone and get free
meals.

Q3: The Cobourg Court of Justice - I took the train there at 6:50 am in the middle of a snowstorm!

Q4: Mediations - I like to see how different mediators engage both sides.

Q5: Sandwich Box is my favourite lunch spot – 'you don't make friends with salad' (-Bart and Homer Simpson)


(This is mine :) 


Wishing you a Happy Easter & Long Weekend!

RS