Passing of the baton...

While it has been an amazing summer filled with new experiences, hard work, and a lot of fun, it is now time for us to return to our last year of law school and pass the student blog "baton" over to the new articling students who have returned to MB - Justin, Alyssa, Emily, David, Kati and Shivaan.

They are a great bunch and we cannot wait to follow their articling adventures over the next 10 months!

In the words of legendary anchorman Ron Burgundy, we sign off with, "Stay Classy" MB followers...

Summer of 2013 - Memorable Moments

With only a week left, I thought I would give the students a chance to list some of their best memories from this amazing summer for this week's blog.

We have had a lot of laughs and experiences this summer and want to share them with our MB blog readers!

Enjoy!   Sean V.

Q1. What skills have you developed this summer that will help you in your career? ...open

Ben - How to rely on people and support others in a busy work environment.
Garett - Manage files and communicating with clients, opposing counsel and other various parties.
Divya - Research skills, as well as time management, which is more important than anything else in being able to manage the heavy workload and meet deadlines.
Sam - Not to be afraid to ask questions, and don't judge a case by its set of facts - you never know what creative argument may be lurking around.
Brittany S - Time management – learned to track my time to be more efficient in completion of assignments and billing.
Brittany Sud - How to summarize voluminous productions into a manageable client reporting letter.

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Q2. What is the best assignment you have worked on this summer? ...open

Ben - Taking a file from start to finish in prep for trial
Joanna - Assisting on a debt collection file as I worked directly with the client from the very beginning and saw the matter through to the end.
Anthony - Attending my own settlement conference, and actually settling!
Irina - Drafting the initial litigation report and defence for a Family Mediator facing allegations of professional negligence and attending the settlement conference with a lawyer for this file.
Brittany S - Running my own small claims files!
Sean - Compile an Appeal Book and Compendium that was heading to the Ontario Court of Appeals and then file it at the court!

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Q3. What was your best "field trip" this summer? ...open

Sarah - My settlement conference in Midland because I really felt like I was in control (subject to the client's instructions); I negotiated with opposing counsel and the judge, and even made submissions before the court. I have never felt so "lawyer-ly" in my life!
Joanna - Attending examinations for discoveries with an associate lawyer relating to a MVA matter in Hamilton.
Anthony - A security for costs motion watching MB senior counsel argue a complex motion with senior counsel on the opposing side.
Garett - Attended a motion being argued by five incredibly experienced counsel. It was the closest "Law and Order" experience I have had thus far.
Irina - A marathon mediation in Barrie (9am to 7pm) in a very quaint court reporting office with an associate. Very contentious Personal Injury matter involving a motorcycle and the case reached a contingent settlement last minute!
Sean - A mediation with a partner concerning a Family Law file. It was incredible to watch 3 senior lawyers argue the merits of the case at hand.

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Q4. Sum up your summer experience in one sentence? ...open

Garett - I learned a lot, and was more capable than I thought, but I still have a lot to learn.
Divya - Busier than I expected but just as fun and exciting as I had hoped!
Sam - Worked hard, learned tons, and had fun!
Brittany S - Is there a precedent for this?
Brittany Sud - Work hard, sleep little.
Josh - Extremely educational and a constant challenge to make me improve and develop.

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Q5. What was your most memorable moment of the summer? ...open

Sarah - Dinner and Jays game with all of the summer students! Nothing says bonding like eating a massive amount of sweet potato fries.
Joanna - Meeting all the new summer students and developing a method of teamwork that is successful for this group.
Sam - Going out for dinner with the lawyers in my second week. Not only did I get to know the lawyers on a personal level, but I was also exposed to their senses of humor and relieved that I could reveal my own!
Irina - Attending a Settlement Conference in Windsor Small Claims Court via telephone alone! Calling co-defendant on their cell phone in Windsor because the court phone line had technical difficulties. After much technological failure, I successfully obtained a dismissal order to extricate our client out of action because they were wrongly named as a party to the action.
Josh - Sitting in on a two day examination for a very interesting file. The other lawyers on the file were very experienced and the content of the case was very unique.
Sean - Trying to hail a cab in the Toronto Flood of 2013!

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A student’s experience - Haiku style

When my time to write the student blog came, I decided to take a different approach than the other students. So  I wrote a number of haiku* [hahy-koo] to document the range of emotions that I felt throughout the summer.

*Haiku was originally developed by Japanese poets – written in 17 syllables, divided into 3 lines of 5, 7 and 5 beats  – use sensory language to capture a feeling or image. They are often inspired by an element of nature, a moment of beauty or a poignant experience.

The Willing Student

Josh, go get this done
Yes sir, I’ll do that motion
Wait… what’s a motion?

Commentary: Thankfully the lawyers will answer all your questions, even if it is “what’s a motion?”


Doing Good Work

You did a great job
I made a couple edits
Rewrote the whole thing

Commentary: Everybody makes mistakes and has their work reviewed.  It should not make you second guess yourself or lose confidence.  Just take the criticism with a grain of salt and learn from your mistakes.


The Impossible Task

I know they’re in there
Look through brief just one more time
Want to tear out eyes!

Commentary: Some tasks may seem impossible.  If you take a step back, rethink your approach and work hard you can do anything, even if it seems impossible.  I eventually did find what I was looking for!


My Greatest Fear (Friday before the long weekend)

Almost finished work
Hey, I need some help with this
Due Tuesday Morning

Commentary: Thankfully my greatest fear never happened.


Getting Better
Finished some research
Expecting to do much more
I’m told it’s perfect

Commentary: Always be confident in your abilities.  More often than not your work is praised, helpful, and it makes a difference.


Support Staff

Don’t know what to do
I wonder who I should ask
Support staff knows all

Commentary: There are so many resources at MB.  Some of the most valuable resources at the firm are the assistants, paralegals, and support staff. 


The Student Assignment Rotation
Up next on the list
Wait in anticipation
Sit in on cool case

Commentary: Being next on the student list can be intimidating because you don’t know what kind of assignment you are going to get next.  At MB, you get a wide variety of assignments that are actually very interesting.



Coming to an end

It happened so quick
I only have 3 weeks left
Work hard and time flies

Commentary: It is unbelievable how quickly time flies when you’re working hard.  I can’t believe the summer is almost over.  I’ve learned so much, had so much fun, and can’t wait to take on the challenge of articling.


I hope that you enjoyed them!

Josh S.

Carriage of my first file

Receiving an email from a senior partner is daunting enough but when I read “You have been assigned this small claims file” I had to do a double-take – Did I really just get a file all my own? I was nervous and excited at the same time for this chance to prove myself, and I was determined not to disappoint.

After reviewing the file, I discovered I would be defending our client in a sewer backup claim. While I was no expert on the subject matter, I was determined to learn everything necessary to properly defend our client’s interests; and luckily for me, there is no shortage of people at the firm whom I could turn to for advice.

"With a solid understanding of the facts and allegations advanced by the plaintiff, I drafted our client’s defence..."

My first order of business was to ensure all deadlines were diarized so I did not miss any on my first file! I then contacted my client and the opposing counsel to advise all future correspondence be directed to my attention as I was now assigned to the file. (Wow!) To be given the opportunity to establish my name in the “legal world” at such an early stage in my budding legal career is pretty amazing!

With a solid understanding of the facts and allegations advanced by the plaintiff, I drafted our client’s defence; which ended up being quite lengthy; however, this was necessary in order to properly defend our client. I also drafted a defendant’s claim to ensure that our client’s interests were protected and all the necessary parties were brought into the claim.

Part of running your own file, even if you are a summer student, is to give the client your assessment of liability and damages along with recommendations for the claim. Thus, I gave the opinion letter my best shot and sent all my draft work to the supervising partner for review. It was a pleasant surprise when he said my opinion was right on track and ready for Superior Court! He also provided me with some more helpful feedback and confirmed I was ready to go ahead and issue, serve and file the pleadings with the Small Claims Court.


The mandatory Settlement Conference has now been scheduled for the end of the month; and while I would selfishly love the opportunity to advocate on my client’s behalf, it looks like a settlement will be reached before that time and an early resolution of the matter is always my first priority.

Irrespective of what happens, I have learnt so much from this experience, and I know that I will be that much more confident on my next file. Hopefully, it’s not too far away!

Brittany S.

My day at mediation...

One of the perks of working at a litigation boutique is that you are exposed to a broad range of litigation topics. I have found that one of the main perks of being at McCague Borlack specifically is that if there is an area you are interested in, all you have to do is find a lawyer who does that type of work, advise them of your interest, and they’ll find a way to get you actively involved in a file. I was interested in learning about professional liability so I spoke to a few lawyers in that practice group and one of them invited me to assist on one of their files.

"Any time you are given an opportunity to see your work put into action, you take it!"

After meeting with the lawyer and receiving a quick rundown of the file (we were defending one of the named defendants – an insurance broker), he asked me to take a stab at writing the first draft of the mediation brief. One of the thrilling and challenging parts of being a student is that you have to be able to quickly review a file and identify the parties, and get up to speed on the legal issues and what the firm’s position is on liability and damages – writing the mediation brief was no different. After finalizing the first draft, I submitted my work and got great feedback from the lawyer, which is always a relief when taking on a new task! I was then invited to attend the mediation to observe, which I quickly accepted as I had yet to attend one this summer. Besides any time you are given an opportunity to see your work put into action, you take it!

We arrived at the reporting office and met with the client, who is an adjuster for an insurance company. After the mediator outlined the process, each party proceeded to state their positions and then everyone retreated into separate rooms to consult with their clients. Throughout the day, the mediator went back and forth between the rooms, speaking with the various parties (about their concerns and interests) and trying to facilitate an amicable settlement.

On its face, a mediation seems like a lot of sitting around and waiting. However, I found that if you use the time wisely you can learn a lot from observing and talking to the people involved. The lawyer who took me to the mediation was great. I did not feel like I was there to simply watch; he actively involved me in discussions with the client regarding our legal position and strategy for dealing with opposing counsel. Our client was also very friendly. We talked throughout the day and she answered many of my questions about the litigation process from the insurer’s perspective and I told her about my experience as a student – my first official act of client development!

One of the biggest advantages of being an MB summer student is having the opportunity to attend with lawyers at discoveries, mediations and court appearances (or as we refer to them, “field trips”). Not only do you get a feel for what it is like to be a litigator but you get to observe a variety of styles. After a few field trips, you quickly realize that there is a lot to being a lawyer that you do not learn in law school. While it is imperative to know the law and your file, you must also be able to persuasively communicate your objectives and effectively deal with a variety of (often conflicting) personalities.

Our file did not end up settling at mediation (the various parties couldn’t agree on liability apportionment) , and was thus deemed a “failed mediation”, however for me - the day was a great success!

Brittany S.