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.

Articling: Expectation vs. Reality

When I was a law student, I was constantly bombarded by fear-mongering stories about articling. “Articling will be the hardest ten months of your life!” “Don’t expect to have a social life.” “So and so at X firm said they worked 70 hours a week… have fun!” I was terrified to start articling.

"When everyone warns you to prepare for the worst, that’s exactly what you do."

But I’m happy to tell future articling students that three months into the term, my fears have not materialized. Work-life balance does not have to be a dream when articling at McCague Borlack. Here has been my experience so far...

Expectation 1: You must meet and surpass insane billable targets.

Reality: Yes, I work hard, but the work does not consume my life.

Articling is hard work, there is no doubt about it. We are fresh out of law school and think we know things when in reality, law school prepares you very little for real-life practice. As Ashley, our Student Director put it during orientation week, “this isn’t summer camp.” There will be evenings and weekends where we all have to put in extra hours to meet an urgent deadline or get caught up after a busy week. But we are not expected to slave away at all hours of the day to excel. The billable target for articling students is reasonable and conducive to learning a ton without feeling the need to burn ourselves out to keep up. In addition, we are encouraged to take our allotted vacation days and to prioritize our well-being.

Expectation 2: You will compete with the other students to get hired back.

Reality: Nobody is competing – all the articling students can succeed, and not at the expense of anyone else.

Many firms hire more students than they plan to retain as associates, which can result in fierce competition between the students to secure an associate position. MB’s approach is conducive to a collaborative and collegial environment – they only hire as many students as they would be willing to hire back as associates. The firm believes in investing in the students for the long haul. This means that every student can shine and excel, and not at the expense of anyone else. It’s a great feeling to be part of an articling team that is supportive of one another. We applaud each others’ successes and we have each others' backs.

Expectation 3: Articling will feel overwhelming and isolating.

Reality: Although everyone has moments of feeling overwhelmed, there are endless sources of support.

It’s normal to feel overwhelmed at times in any job. What sets my articling experience at MB apart is the level of support I have received thus far. There are so many people who I can turn to when I feel confused or overwhelmed. This includes the other students, our Student Director, my articling principal, or one of the many lawyers who have encouraged us to reach out whenever and wherever we need it. Even while working remotely, I am never more than a phone call away from someone willing to help. Everyone at the firm wants the students to succeed.

Expectation 4: Articling work will only be menial tasks and research.

Reality: Articling work is diverse, meaningful, and interesting.

Within a month of starting, I had taken the lead on a small claims file, drafted an initial opinion, attended a mediation and an examination for discovery, had communications with a client, and more. At three months into the term, that list has grown much longer. All the work we do as students at MB is substantial and meaningful. We are given a lot of responsibility which allows us to gain a vast amount of knowledge within a short time frame. I can’t believe how far I’ve come in only three months, and I can’t wait to see where I’ll be by June!

Starting articling is a daunting prospect, especially with all the fear-mongering law students are subject to. But with the right firm backing you, articling can be a fun, challenging and rewarding experience. It certainly has been for me!

by Tess D.

6 Simple Steps to a Successful Summer

As is common when starting our first day at our firms, we are all full of nervous energy. We are anxious because we do not know what to expect but we do know we want to impress.

For my entire life, I have lived by a saying my father told me and it guides me every day while working at McCague Borlack.

“You only get out of something what you put into it.”

This has sparked 6 simple steps to having a successful summer at any firm.

Never say No

Since summering and articling are both designed for students to absorb as much information as possible in order to become self-sufficient lawyers, saying no to a task is only a missed opportunity. It is important to recognize that, even with the smallest of tasks, we are learning what the practice of law is like and it is not always glamorous.

Schedule, Schedule, Schedule 

While summering and articling, you will be handed tasks sporadically or all at the same time. Whether you are on a rotation or receive tasks through other means, it is incredibly important to stay organized, keep track of all ongoing assignments and schedule all deadlines. I also recommend triaging tasks depending on the time-sensitivity and importance of the matters to ensure that a deadline is never missed. Sometimes, this is a very fluid process because an assignment may come across your desk that needs to be completed immediately. For me, lists and charts are vital!

Research is Key

For many students, this is the first time working in a law firm and they may even be the first in their family to go to law school or university! (I fall into the latter category). This means that you may come by concepts or problems in your work that you have never heard of. Do not fret if this happens to you because this is the very nature of the practice of law. The field is constantly growing and changing, which is why there is a need for continuing legal education. If you find yourself in a situation where you do not know, this is where your excellent research skills will be of use. Try to research as much as you can before you ask a question. You are not expected to know everything but the last message you want to send to your supervising lawyers is that you did not try.

Be open-minded

When I was applying to law firms and organizations during the OCI process, I had no idea what I wanted to do. I knew I love learning and there were a few areas of law I knew I did not want to practice but other than that, I did not restrict myself. It is this open-mindedness that led me to McCague Borlack. Now I love the practice of insurance law, which is more multi-faceted than I imagined. If I were closed-minded to this option, I would have missed out on this fantastic opportunity.

Put in that hard work

I think this one is obvious. Your relationship with your firm should be mutually beneficial. You should be learning from experienced lawyers, paralegals, law clerks and assistants while producing great work for them. Of course, perfection is not always possible, but it is something to strive for.

Be proud

This one may sound silly but I think it might be the most important step of them all! I need to remind myself once I finish a task that I did it! Doing this will help you start a healthy relationship with your work. You were chosen by your firm for a reason and if you work hard and follow the above steps, you should be proud of every achievement. Every step you make at this point in the “game” brings you that much closer to what you have worked for most of your life.

by Brittany R.

Preparing for the Fastest 17 Minutes of your Life - OCI Interviews

On-Campus Interviews (OCIs) for the firm’s summer student program are around the corner. Here are some tips from the articling students that will help you succeed.

Preparation, Preparation, Preparation - When You’re Done, Prepare Again...

Preparation

You’ve picked out your favourite interview gear. You’ve practiced your firm handshake. You’ve practiced saying: Hello, my name is [insert], it’s great to meet you.  What’s next? Learning about the firm!

The importance of learning about the firm and how it differs from other firms you will be meeting during OCIs, and the ways in which the firm’s interests match up with your own preferences will be key. Undoubtedly, one of the first questions you will be asked will be: what made you interested in our firm? Or more informally, so why us? Knowing how to navigate this question will set you apart from the other candidates.

How do you learn about the firm? Check out the firm’s website to learn about the areas that the firm primarily practices in. From there look at the recent cases the firm has been involved in. Make sure to look at the recent publications section of the firm’s website to gain a glimpse of the substantive areas the firm practices in and to gain insight into future developments of the law from the vantage point of the firm’s lawyers.

Once you’ve done your homework and learned as much as you could from the firm’s website, email an articling student with a few questions you may have about the firm. Feels like ages ago, but when I went through this process, I met for coffee with an articling student who gave me greater insights into the firm. Most articling students have done the same and would be more than willing to return the favour, just remember to pay it forward when you are an articling student.

During the Interview: The Fastest 17 mins of Your Life

The interview process will last approximately 17-18 minutes. Flows very naturally and in no time the buzzer will ring and you’ll be off to your next interview. Tips to make sure you make the most of your time with the firm?

Have a checklist of things you want to discuss. These will be aspects of your life - be it personal or academic that could not accurately be displayed in your cover letter or resume. Most importantly, and this cannot be stressed enough, be your authentic self. If you have a set of unique interests, make sure to share them. The firm is always interested in meeting interesting individuals and interests are what make particular candidates memorable. No one forgets meeting the student who rides equestrian.


Post-Interview

Send a personalized thank you email to each person you interviewed with.

Best of luck!

Mahdi H.

Sherlock Holmes of the Legal Profession

As law students, we learn the importance of research in the legal field. Law school is designed to teach us to think like lawyers and equip us to learn and adapt to the ever-changing common law. As such, Principles of Legal Research is one of the mandatory classes law students must take in their first year of law school. We learn about the many legal research resources. The websites. The books. The famous McGill Guide.

...research is a key aspect of practicing law.

The first half of my time as part of the MB summer program has taught me that what my law school professors have stressed throughout the past three years of my education is correct: research is a key aspect of practicing law.

Yes, I have done research regarding case law, statutes, regulations, the ever-famous Rules of Civil Procedure and how legal principles apply to different cases and situations of fact. However, I did not expect to become the legal Sherlock Holmes.

On more than one occasion, the research I have done as a summer law student involved contacting individual courthouses to determine their own procedures and customs. I have tracked down documents and exhibits. I even determined the date of death of an individual in order to subsequently identify their executor.

These are not the kind of investigations that law school prepared me for. However, they are the kind of assignments that develop the skills required to become the kind of lawyer I hope to become: a resourceful individual who identifies the information needed to successfully represent her clients; an individual capable of finding answers whether they are easily accessible or not.

Jessica M.

Make the most of it

The bar call is just around the corner, marking the end of the articling term. But while the call to the bar officially means the end of our days as law students, the learning process undoubtedly continues well into our careers as lawyers. I believe articling serves as a very critical and foundational step in this career-long learning process, so if I had to give just one piece of advice about articling, it would be to learn as much you can during your articles. 

seek out and take every opportunity to try new things and to challenge yourself...

As an articling student at McCague Borlack, I was fortunate enough to have the opportunity to gain experience in a number of areas of law. I found this to be one of the most valuable aspects of articling, so I suggest you seek out and take every opportunity to try new things and to challenge yourself.  Not only will you gain knowledge and experience, you may also discover where your interests and strengths lie. Diversifying your assignments also allows you to sharpen your researching capabilities. It’s best to start mastering the art of legal research as early as possible, as strong research skills are essential to your success as an articling student, and you will continue to require and hone these skills as a lawyer. 

Speaking of research, another great way to maximize your learning as an articling student is to take the initiative to develop your own research assignments. Start delving into areas that interest you, or develop your knowledge in areas that you’re not as familiar with. Be inquisitive – ask yourself questions and look for answers. And for those questions that you can’t find answers to, ask someone. 

While it may not seem always feel like it, articling really does go by surprisingly fast. So make the most of your last ten months as a student, and get as much out of it as you can.

Shene H.

Brushing your Teeth in the Shower: Time Management

Top Ten Practical Tips for Incoming Articling Students

1. Set Realistic Expectations – and then Beat Them: Better to say no than to disappoint. If you have conflicting deadlines, too much work or too little work, see your articling principal.

Time Management and Developing Your Reputation Amongst Your Colleagues.

2. Reputation. Reputation. Reputation: How you are perceived matters. Lawyers talk. Let your work product speak for itself.

3. Seek Out Work and Stay Involved in the File: If you assisted a lawyer with a discrete assignment on a file, ask if you can assist with the next task on the file. Be persistent (and polite).

4. Master the Art of Research: Knowledge is power. Do not discount research assignments. Be thorough. Reputation is on the line with clients, opposing counsel and the court.

5. Form and Presentation Matter: How to Shadow Draft like a Chameleon.

6. Be Prepared - Read the Rules of Civil Procedure Before You Ask Questions: Lawyers expect and welcome questions regarding a particular assignment. Showing them you have thought about the issue and tried answering it yourself prior to asking the question sets you apart from other students.

7. Putting All Your Eggs in One Basket and “Repeat Business”: A Delicate Balance.

8. Roll with the Punches: We all make mistakes. Learn from them, minimize them, move on.

9. Build Your Profile: Think Long-Term. Case comments and publishing online. Market yourself and your firm. Social media pitfalls.

10. Relax and Have Fun: Carve out personal time for friends and family. Manage expectations out of the office.


Guest Writer David E., Associate Lawyer

First presented at the Toronto Lawyers Association's 5th Annual Articling Students Head Start Program titled "What you can do to make yourself indispensable and invaluable".

The Virtue of Research

In many law firms, research is often the primary task for articling students. Be it for a paper, seminar, or file, when a lawyer needs an answer on a discrete point of law, a student is generally the perfect candidate. We have legal training, an academic background, and we are substantially cheaper than a full-fledged lawyer. Lawyers need answers and we are usually the most efficient vehicle for obtaining them.

Research allows a student to learn an area of law, which has value.

Research is not glamorous. It involves a desk, a computer, and possibly a few books. No lawyer will ever tell glorious war stories about the heroic research that they conducted while they articled. But what research may lack in excitement it can make up for in utility. Research allows a student to learn an area of law, which has value. Especially if a student is diligent in saving their memos and cases, research produces knowledge of the law that can be applied at a later date to other problems.

So when that juicy contested motion comes through the door and the partner asks “so who has experience in X?”, it may just be that 10-hour paper-laden goose chase that you went on 3 months ago that clinches the assignment for you.

 

Eric K.