A Wide Exposure to Litigation Disputes

As we begin to turn down the home stretch for our articling terms at MB, I think this is a good opportunity to give prospective students an idea of the sort of matters that cross our desks on a day-to-day basis. The big advantage in articling at MB being exposed to a large number of practice areas.

...each case and event in the file demands a unique approach.

In my own experience, I have had the opportunity to assist on a range of matters from product liability to professional negligence, from employment disputes to landlord and tenant disputes and from bodily injury to accident benefits. I have seen subject matters ranging from disputes over leaky pipes to errors in large infrastructure projects, matters involving children and adults and, even animals! I have been asked to assist with preparations for motions, mediations, pre-trial conferences and trials. I have had the opportunity to interview expert witnesses, prepare witnesses, and speak to clients and opposing counsel.

What I have found is that although the work at MB is usually through the lens of civil litigation process, each case and event in the file demands a unique approach. By being exposed to every aspect of a dispute, and many types of disputes, I have quickly learned that, despite how similar the various aspects of the files appear to be, every matter demands a unique approach. As a result, we are constantly learning how to navigate new challenges and come up with new approaches to best meet the needs of our clients.

The lawyers at MB commonly look to us, the articling students, to be more than “paper pushers” for the file. Instead, many lawyers want us, and in some cases encourage us, to be a contributing member of the “team”. I have found that we are frequently challenged (in a positive way) to offer our thoughts on how to best approach the file. For someone who best learns by doing, I have found this approach to be a very effective way to engage me in the file and has allowed me to really become invested in the work that I am asked to do. As a result of this engagement, I have become more and more confident in my own abilities as the articling term has progressed. I think if I were to ask the other articling students if they feel the same, they would agree.

My hope as I look towards the end of my articling term is that my knowledge base continues to be challenged and, as a result, continues to grow. Based on how my time has progressed thus far at MB, it is more than likely that my hopes will be realized.

Garett H.

Networking for new lawyers

As you know from our previous blogs, articling with McCague Borlack is not a 'desk job'. Within a week, I attended two trial management conferences, two mediations, a settlement conference and an FSCO prehearing.

When done right, you can create a connection with another person that reflects well on you and the firm...

At each of these outings, I met clients, opposing counsel and their clients, along with judges, arbiters, mediators, and so on. Meeting so many people in the legal industry reinforces to me the necessity of networking - a skill that law schools are only now recognizing the importance of. This is because law schools, traditionally domains of academia, are coming to grips with the notion that law is as much a business as it is a craft.

Networking is connecting

When done right, you can create a connection with another person that reflects well on you and well on the firm you work with. While the term might conjure the thought of forced social interactions, connecting with others professionally is key to succeeding in the business of law.

Here are a few things I have learned so far that are easy to apply:

Always carry a business card

You may be a student now, but you won't be forever. Make sure that people have a way of remembering you. You never know who you will run into down the road!

Attend the events you assisted on

Did you draft the best factum ever? Get that tricky causation issue, or limitation period, under your belt? Then go see it argued by that senior counsel! Senior lawyers are usually more than happy to point out to opposing counsel that you assisted in drafting materials, and down the road that may leave a lasting impression if you are on the other side again.

Be pleasant

This tidbit is perhaps the most important of all. The quality of your work will be ignored if your reputation is that of an aggressive, antagonistic, mean person. It’s a small world, and the legal industry is a smaller circle still. Everyone has a story of THAT counsel - that no one wants to be the subject of.

At MB it is a privilege to call the most pleasant people in the industry our colleagues. From them I've learned anything others may try to accomplish through a yelling match can be better handled by speaking normally and effectively. That doesn't mean we don't take hardline positions, but effective advocacy does not include bullying.

The benefit of being a new lawyer, especially at MB, is the opportunity to build your networking skills while connecting with clients and lawyers alike.

And if a novice at first, after a while, I'm sure networking becomes second nature!

Anthony G.

What it's like…

The first day back for articles was busy and filled with heartfelt greetings from colleagues I hadn't seen since my stint as a summer student the year before. After the first week of a thorough orientation from Ashley, the guru and student mentor, we were deep in the trenches of challenging legal work.

Now, a month later and 150 billable hours behind me, I am grateful for the opportunity to write the first Student-at-Law blog and reflect on what it's like… articling at MB.

"I decided the best course of action would be to serve a formal Offer to Settle and that's exactly what we did."

Autonomy

From the beginning I was assigned carriage of files and, under the supervision of a partner, trusted to take the necessary steps to protect the best interests of our clients. My first file was defending an insurance company against a self-represented litigant. I decided the best course of action would be to serve a formal Offer to Settle and that's exactly what we did. And it is in this respect to which I speak when I say that as an Articling student I am valued and entrusted with a lot of autonomy and a high level of responsibility.

File Completion

With the articling term being 10 months vs. 2 for summer students, it was exciting to realize I have a better chance to see several of my files through to completion. For instance, I was given a new subrogation matter and issued a claim; since then a defense has been filed and a settlement conference date has been set. To think, before articling is over, this case - and hopefully several others like it - will be settled and closed! It's very rewarding to assist a client right through from beginning to end.

Quality of Work

Again due to the longer work term, I have the opportunity to contribute to large, multi-million dollar, law suits. More importantly, I have the chance to tackle complicated legal issues and challenging fact patterns involving many parties. More time allows for deeper and more thorough analysis, therefore gaining me access to a much higher quality of work than ever before.

Articling is a whole new adventure with a brand new set of challenges. It is exciting and rewarding and I can't wait to see what other interesting work I get assigned in the coming months.

Justin A.