Finding my Sea Legs

I am working on a file that involves admiralty law, a practice area I had hoped to encounter this summer. What interests me about admiralty law is its reach and impact span every corner of the globe. Where there is water, there is shipping, where there is shipping, there are contracts, and where there are contracts, there are terms limiting liability. That's the prominent takeaway from my work on this assignment (so far anyway).

The incident at hand is not exactly a marine disaster, but it involves the carriage of goods by sea, nonetheless. The assignment has me feeling as though one part of me is on solid ground, while another is adrift at sea. It’s not as though I’ve capsized in a hurricane, it’s more of an issue of finding my sea legs.

Although Admiralty Law 101 is not a course offered at my school, I waded into the waters as best I could. 

Questions on my mind included: what are the relevant statutes, what are customary practices of the trade, what is a “bill of lading,” what happens in case of conflict of laws, and does this specific issue exist in the case law? After scouring the depths of WestLaw and Canlii, I felt as though I had assembled a watertight understanding of how the issue could be dealt with.

I completed what I thought I was supposed to do and met with the assigning lawyer, eager to discuss my findings. While I may have been on the right tack (pun intended), the lawyer’s words took the wind out of my sails: "Does this help our client?” In other words, all the research I immersed myself in may have been on point, but was it useful to the case? That's the sort of reframing I needed.

I suppose this is what my law professors have been implying when they have said “You need to learn to think like a lawyer.” As in, it’s one thing to “know” the law, but it’s another thing entirely to apply it in practice. Though it would be nice to learn as much as possible about this area of law, it's not practical. More importantly, it's not helpful. I am grateful for this interaction, as it helped me chart a new course of research on the matter. In the future, I will formulate a more concise research question before diving in.

While I may not land on the other side of this assignment as a decorated maritime lawyer, I have been exposed to an area of practice I would not otherwise have encountered in law school. I'm glad that my summer experience has so quickly expanded my legal lexicon, and I have my eyes trained on the horizon for more of these experiences.

by Joseph C.

The "Practice" of Law

As I near the end of my articles (where did the time go?!) and reflect on the past eight months I keep going back to an “aha moment” that I feel is worthy of sharing. The moment where I was told by one of my mentors: remember, it’s called the practice of law.

"Practice isn't the thing you do once you're good.
It's the thing you do that makes you good." 

- Malcolm Gladwell - Outliers: The Story of Success

The majority of people in law are considered type-A personalities who strive to get it absolutely perfect the first time around. This appetite for immediate excellence is pulverized and rejigged once the natural reality of being an articling student sinks in. As an articling student, you are going to get it wrong. If your expectation as a student is to always draft an impeccable Statement of Claim/Defence, Affidavit of Documents, Liability and Damages Assessment, Mediation Memorandum etc…the first, second and even the third time around, wake up, you’re dreaming. I know, it is a hard hit to our high-achieving egos but as the saying goes - making mistakes is better than faking perfection. Your experience as an articling student will be far better if you arrive with an open attitude that you are here to learn and mistakes are inevitable.

Now, there are other ways of learning while minimizing the damage to our fragile egos, one being, that of learning from the mistakes of others. This takes me to another noteworthy piece of advice given to me: to attend and observe as many court appearances, mediations, discoveries, settlement conferences etc. as possible. I won’t touch on all of my experiences but can tell you with utmost confidence that when it came time for me to argue my first motion I was prepared for anything and everything that could have been thrown my way. This was owed to the fact that I observed a number of motions and took notes of what not to do when other articling students were being scolded by the presiding Master on issues such as improper service or why they attended court without a copy of the Rules of Civil Procedure to refer to when questioned on a relevant rule. In addition to this, if something was procedurally unclear to me I took the initiative to approach the Registrar and ask questions once the courtroom had cleared. This was also of major assistance when it was my turn to enter the courtroom as a representative and not a member of the public.

In the end, we all make mistakes, and the legal profession is no exception. As an articling student, you may not generate the final product or have a strong grasp on a specific process until after a few attempts, but that is ok and accepted. So for the future articling group coming in, do not forget - it is called the practice of law!

by Gabriela C.

Critical... Thinking Allowed

Remember in elementary school when your teacher taught you that every student learns best through a specific teaching style? Some students were visual learners, some auditory learners, some kinesthetic learners, and so on. Of course, I was stubborn and didn’t believe in this sort of thing so I declared myself to be a “just show me how to find the answer” type of learner. Yeah, I was that kid. Years later, as a summer student, the concept of teaching styles has become relevant once again – but this time I can appreciate the lesson.

The concept of teaching styles has become relevant once again...

At McCague Borlack, we students are given a diverse set of assignments, most of which we didn’t have a chance to experience in law school. Fortunately, we have a team of lawyers who are happy to help us continuously improve our work. Naturally, each lawyer has their own teaching style and preferred method to show us how we can increase the quality of our work. Here are some of the teaching styles that we have experienced so far:

The Socratic Method:

Whenever I felt uncertain about a task, I would ask the assigning lawyer for clarification. Below is an example of how this conversation would go with a Socratic mentor:

Me: “In this letter I’m drafting, should I include XYZ?”

Lawyer: “Do you think the letter would benefit from XYZ?”

Me: “Well here are the benefits of adding XYZ.”

Lawyer: “Are there any drawbacks?”

Me: “I don’t think so.”

Lawyer: *Smiles*

Although this exchange may seem odd, the Socratic Method allows students to work through any issues on their own. Consequently, we develop a more comprehensive understanding of the subject matter than if we were just given the solution.

This method has helped build confidence in my work and has shown me that I already have the answers to most of my questions. But if I am still unsure, a lawyer will review my work when I am finished to ensure that we have a good product.

Thinking Out Loud

When it comes to editing our work, some lawyers sit down with us and walk through the needed changes. The lawyers utilizing this method begin by explaining why certain parts of a document should be revised. Then, they “think out loud” so that I can understand the thought process that helped them generate their solution. This method allows students to understand exactly why specific changes were made and what key points should be applied to the completion of the next assignment.

Track Changes

Sometimes the work I produce has minor errors so the revisions don’t require a long explanation. It can be a case where there is just a better way to phrase what needs to be said, or the structure of the document should be modified for clarity. Since these changes are simpler and easy for the lawyers to identify, they will use Microsoft Word’s “track changes” feature while they make their revisions. This method provides a visual comparison between my original draft and the revised version. It also requires me to analyze the changes to come to my own conclusions as to why the changes were made. However, if I can’t figure out why a particular change was made I can always get clarification from the assigning lawyer. There is certainly an art to drafting documents. By reviewing other lawyers’ completed documents, I am able to better understand where to set the bar for my own progress.

Conclusion

Mistakes are part of the learning curve. The lawyers are happy to mentor the students and help us understand how we can continue to improve our work. And we appreciate it, no matter the style.

Yousef E.

Reflecting: An Articling Must

During our articles so far, we have been so busy with new experiences, learning new concepts, research, and deadlines that it is hard to believe we are almost three months in. The time has simply flown by!

I schedule a few minutes into my busy schedule to reflect on my experiences and Milestones.

Articling is the period where you are allowed to learn, explore, ask questions and make mistakes (in drafts only!) It is all part of the learning process. Therefore, it is important to stop, take a breather, and reflect on how far we have already come as articling students.

I personally like to take this breather every two weeks. I schedule a few minutes into my busy schedule to reflect on my experiences over the past 14 days and make a list of my accomplishments and what I have learned.

This list of accomplishments varies week by week and consists of milestones as small as learning what a “proof of loss” document is and why it is a key document in insurance defence, to larger milestones such as being assigned carriage of my first small claims file and drafting my first mediation brief.

These lists are a great tool to measure how far I have come from the first weeks of articling until now. For me, these lists are a proud reminder of how much I have learned about litigation and the practice of law in general so far. They are also great indicators of how my confidence is slowly growing. With each reporting letter and research memo, I can see myself becoming more confident in my research and writing abilities.

It is even interesting to compare a current list from the previous list. You wouldn’t believe how much learning is packed into a short period of time! For example, in the last 14 days, I have had the opportunity to speak directly to clients, draft my first (and second) mediation brief, and how to prepare for my first settlement conference.

I also like to use this exercise to set new goals for myself. I do this by reflecting on assignments and situations that I have found particularly challenging in order to identify areas where I would like to improve. Articling is a learning process and I have learned that it is important to target my own personal weaknesses so that I can set goals for myself.

It is both nerve-wracking and exciting to see what the next seven months have in store for us. Spending some time to reflect on accomplishments, and articling milestones and measuring your success through weekly, bi-weekly or even monthly intervals is a great way to keep tabs on how far you’ve come and how far you have to go. You will be amazed to see how much you have already learned!

Cassandra K.

In-between Files

Reflecting at the midway point of our articling term a couple things stand out to me. One is the odd phenomenon that even though we are all given a full workload, articling students are always seeking out more work. It could be that we are given such a range of potential assignments and are just curious about what’s next. Aside from work, what stands out to me is what goes on in between files - specifically the social events that tie our firm together.

...our mid-size firm is our own community which makes learning ... that much more enjoyable.

It's been about a month, and I think it's safe to say that the embarrassment (all done in good fun) from the Christmas skit has died down. This was one of many firm-wide gatherings where we all would break bread and share a laugh together. It just so happened that this firm tradition came at a pivotal time for our articling group.

Stresses had started to spike as we all got a taste of what the end of the year rush entailed, but having an excuse to get together and remind ourselves that we are in this journey together solidified the truly congenial atmosphere that we work in, both firm wide and within our own articling group. We all rallied together to clear our desks to offer a little light hearted fun as as we said goodbye to 2014.

Ahead in our social calendar, we have our Christmas in January gathering, a range of events lined up as we continue to celebrate the firm’s 20th anniversary, amongst others. In between files, our mid-size firm is our own community which makes learning the practical side of the legal world that much more enjoyable. From an articling students' perspective, this is the jackpot. We are not only entrusted with virtually managing our own files, but the firm often encourages us to get involved in social events or attend file-related matters.

Charity Social Event  Pie in the Face

This really does create an atmosphere where there is never a dull moment. Once overcoming the unknown hurdle in a file that you didn't even know existed on any particular morning, you have a quick trip to the kitchen to refill your coffee before putting your brain to the next unknown that waits.

I'm not solely speaking of new files, research memos, or trying to know what I'm talking about while on the phone with a seasoned opposing counsel - here at MB we are an active and collegial group who makes coming to the office with an open mind a necessity. This applies to both producing quality work and taking a moment to enjoy what goes on in between files… time permitting, of course.

Michael V.

Entering the Workforce – A Whole New Learning Experience

This year has been one of the most eye-opening years of my life. It is the first time that I have been a full-time member of the workforce. It is very different than school and very exciting. In this post I try to address some differences between work and school life that have stood out to me over the past four months.

I've learned more working at MB for four months than I had in my past 2 years of university (no offence, Western).

First, as a student, you are very much on your own. Trying to understand complex concepts and issues in school is usually an individual endeavour. Sure, professors are there, but they can only help you so much. There are also other students, but they are all in the same boat as you. In the working world, there are so many different people that are available to give their assistance. This includes lawyers at all different levels, clerks, assistants, and paralegals. Even outside the firm, librarians at the great library, staff at the court, as well as Judges and Masters are all willing to lend a helping hand and help you succeed.

Second, I have also been very surprised by how much the learning process continues once you enter the workforce. On its face, one would assume that more learning would be accomplished at school than work due to the fact that the whole point of school is, of course, education. However, I learn something new at work every day. It also feels like the things I am learning at work are very practical and useful, unlike some of the things learned in a classroom. I can actually see myself becoming better at my job and developing my skills as my articling career progresses. In all, I feel like I've learned more working at MB for four months than I had in my past 2 years of university (no offence, Western).

Third, and this applies more specifically to the legal profession, I cannot believe how different it is to practice law than learn the law in a classroom. Of course, theory learned in the classroom is very important. However, all of the things learned in the classroom play such a small role in the litigation process. It is unbelievable how many integral aspects of the day-to-day practice of law are not even addressed in school. It has really made me realize why the articling process is so important and appreciate the opportunity that MB has provided to me.

In conclusion, I am thrilled to be on the other side of the school/work divide. I am relieved by the fact that there is so much help to be given in the working world and that the learning process continues. Articling has been a great experience thus far and I expect that the positive experience will continue. I can’t wait to see what I learn next.

Josh S.

Half-Time Recap!

I started just over a month ago with the Ottawa office of MB and I have just over a month left. Yikes! Where did the time go? So I thought this would be a perfect time to provide my half–time commentary on how things are going from the perspective of a student (me!), and my game plan to conquer the second half of my summer with MB.

It seems like just yesterday when I was gearing up and excited for orientation. I wouldn’t consider myself the best athlete – okay, maybe not an athlete at all – but I was ready to begin and hit the ground running.

"You’ll experience a rush when you find that perfect case that matches the fact scenario that you’re dealing with."

Right out of the gate, I couldn’t believe that I was working directly with partners and senior counsel. Of course, I felt intimidated at first. While I would consider myself to be a naturally confident person, I was hoping for a few practice runs before being thrown in with the big leagues. However, I have quickly realized that, despite the wealth of knowledge and experience possessed by these individuals, at the end of the day, we are all on the same team. I just have to trust my abilities and put my best foot forward.

There will, of course, be days where you feel that you’ve had a solid performance and not once was the red pen used for corrections busted out for you. You’ll even experience a rush when you find that perfect case that matches the fact scenario that you’re dealing with. There will also be days where two cups of coffee and three drafts later, you wish you could have shined a bit brighter. I guess after all, as students, we’re hardest on ourselves. However, I’ve learned that if you keep yourself benched, you won’t learn from the sidelines. This is the benefit of being a student at MB, you get out there quickly and you’re given considerable opportunities to explore what areas of the law you like and what areas you may grow to like. In addition, just like my colleagues have reiterated, there is tons of support and direction provided to you by people at MB, including the associates, assistants and law clerks. People are always willing to provide guidance and tips on how to tackle what can sometimes feel like a daunting task.

Finally, as one of the two students in Ottawa, I feel like it’s my duty to represent my hometown turf and shed light on my specific experience as a student in the Ottawa office of MB. I’ve experienced impromptu pizza parties, where the lawyers, assistants and students will have their lunch in the boardroom to break some cheesy bread together and discuss non-work-related things. I’ve also been able to form strong bonds with the same lawyers I get to work with day in and day out.

As for my game plan to conquer the second half of the summer and things I’ve learned along the way, here it is: first, don’t forget to breathe; second, remain confident and; third, always be game for everything that’s thrown at you. Yes, admittedly, this is a very simple strategy, yet not only have I learned tons with this mentality, but I’ve also had fun along the way!

Sammy M.