Learn while making a difference

When I told a friend that I would be articling at a full-service litigation firm in the heart of Toronto, he did not hesitate to respond with “Enjoy standing behind the photocopier all day!” While that may be many people’s perception of what students do in firms like MB, here it could not be further from the truth. 

 My very first assignment, 30 minutes into articling, involved communication with multiple parties in the process of drafting a Statement of Claim. 

While nervous at first, I knew the detailed training I received was more than sufficient but more importantly that help is ALWAYS one phone call away (or within a few feet).

Fast forward to today, and looking back at that moment, I can clearly see how many different skills I learned in such a short time. Even though it's only been a few months, I’ve had a chance to be involved in and observe multiple court proceedings including pre-trials, Examinations for Discovery and even Trials, one all the way in London, almost 200 kilometres away from my desk.

On any given day, I may walk into the office with my morning coffee and draft claims where we represent the plaintiff. Then after lunch, I shift gears and now I’m drafting documents or preparing for proceedings where we represent the defendant. This diversity makes it possible to learn not just the craft of litigation but to experience both sides of it without the need to change seats! It also makes it possible to learn by doing in a more effective manner. It feels kind of like being a double agent because when I write a defense, I can not only refer to all our resources but also what I was thinking when I was drafting a Statement of Claim and vice versa. Something only possible in this setting.

All of this is while the work is meaningful. Coming from the legal aid clinical environment, I was used to seeing the impact of my work both in the form of the matters proceeding and the direct impact it had on clients. While there is a learning curve with literally anything a student does, the lawyers are more than happy to go the extra mile by letting the student do the tasks and be a part of the process. Making students a part of the file allows us to see how certain actions taken lead to the next steps. We can also see the different paths a particular case can go with the benefit of the context I got from being involved in its previous stages.

A benefit of being a student in this environment is there is plenty of room for self-reflection. I remember how long it took me to draft my first Statement of Claim versus how much faster I am today. That said, I still need to figure out where they keep the photocopier because I’ve been too busy becoming a litigator!

by Ali A.

In Hallowed Halls: Selecting a Jury

One of the largest courtrooms I’ve seen. A large, vaulted roof. There must have been eight rows of three long pews. 24 in all. Each one was filled from end to end with people, to the point where they lined up along the back wall as well. In total, there were likely around 150 people in that room. Sitting in the back, I recognized 90% of them, if not more. Why?

Because today was jury selection. And before jury selection, we prepared for everyone.

In the week before the fateful day, I had been assigned a new and interesting task. One of the files was heading toward a jury trial and didn’t seem like it was going to settle. To prepare, I had to find out everything I could about the potential jurors. I needed to create a list that the lawyers could use to determine which jurors they wanted and which they did not.

The first step was going to the Courthouse and getting the jury list. They kept it short and sweet; all I had was the potential jurors’ name and a “listed occupation” (which ranged from “student” to “government”). In short, not much to go on.

So, I spent two days looking through the list. LinkedIn, Instagram, Facebook, TikTok, or good old-fashioned Google. Really, anywhere I thought they could be. With some names, I found nothing. Maybe an author with the same name who wrote a book on advanced mathematics in the 1970s. Maybe a genealogical family history with the same name. Nothing substantial.

But with other names, there was much more to learn. One individual ran a 10K in under 25 minutes. Another individual sued five different parties in the span of three years. A third individual actually practiced law for several years in another province before moving to Ontario and somehow still made it onto the list of potential jurors. That was certainly a surprise when I found it. It was an interesting assignment, not only trying to identify the right person but also trying to determine what could be important and what would be extraneous.

What I truly was not prepared for, though, was what happened the next morning. I went in early, but instead of heading to the firm, I went to the Courthouse to join the lawyers there. On that day, the jury selection room, despite its size, was filled to the brim with people. Walking in, I saw someone I recognized, but I could not remember where I recognized them from. Then I recognized another. And another. Until I realized they were not people I knew but forgot about; they were the jurors that I had researched and reviewed. It truly is an odd feeling to recognize people who would never recognize you.

This left me sitting in the Courtroom during jury selection, watching the process alongside 150 other potential jurors, Lawyers, Court Staff and the Judge. For each juror, the Registrar would spin an old wooden box with the name of each juror inside. He would then pull a name, read it out, and the juror would approach. For the most part, it was oddly like bingo.

At the start, the Registrar did this six times, with six jurors at the front of the Courtroom. Each was asked if they were available for the length of the trial. Most gave reasons to be excused. Some had prepaid vacations. Others had labour contracts they were required to fill; participating in the trial would cause economic hardship. Two older individuals were concerned about sickness and their ability to pay sufficient attention; they were dismissed on compassionate grounds.

Eventually, six jurors were in the jury box. At this time, the Lawyers looked them over and started exercising their peremptory challenges, dismissing jurors that they believed would not weigh in their favour. And so, the cycle continued. Jurors were called; some gave excuses and were dismissed, while others were dismissed by peremptory challenges.

It took 41 jurors to finalize the six jurors and two alternates for the trial. 150 jurors were called, 41 were excused, eight were selected, and in the end, six participated in the trial.

by Max G.

A Recipe for Success: The Similar Challenges of Articling and Starting Law School

As I began my journey as an articling student, I quickly realized that all the same feelings I had when starting 1L came back to hit me like a brick wall. The excitement of starting a new chapter in my life, the nerves associated with the what-ifs and of course, the unrelenting sense of existential dread wondering if I really have what it takes to be a lawyer.

"These were only a handful of the many emotions I felt during both these new beginnings."

The best word of advice I can give to those finishing law school is that the transition to practice isn’t exactly going to be smooth sailing. But remember– you made it this far already– which likely means that you already have all that is needed in your figurative “legal kitchen cabinet” to whip up a recipe for success.

Here’s what you’ll need…

Two Cups of Organization and Adaptation

In law school, you quickly get into the habit of staying on top of your readings, going to class and creating summaries for exams. As an articling student, you will need that same level of routine and organization. You’ll have to get into a pattern of checking in with the next steps for files, docketing your time, answering emails, etc. or else you’ll feel scrambled. Remember those growing pains with the first few weeks of adjusting to life as a law student, well, the same thing is going to happen when you start articling. You’ll get into the swing of things in no time but expect the unexpected. You never know when an urgent assignment will force you out of your element just like a professor cold calling you in class. This will be no problem if you add a bit of adaptability into the mix. 

 Equal Parts Trying New Things and Learning How to Fail

The bread and butter at MB is insurance defence but there is a whole bunch of other work that comes through the door. Test the waters because this is the time to figure out where you want to focus your practice in the future. Who knows, you may end up loving an area of law you never had a taste of just like that one class in school you put into your schedule because nothing else fit. Don’t be afraid of trying something new because you don’t want to get it “wrong”. Grades are no longer your focus and besides, there is never a perfect answer when it comes to the law anyway. Just do your best, get the easy things right, be reliable and think of how you can add value to advance a file.

A Pinch of Competence and Confidence

As a first-year law student, I remember feeling imposter syndrome. How do I draft a legal memo? What’s a factum? How do I approach my first law school exam? These things become a breeze by the time you complete your studies. You’ll have the same feelings as you start articling; however, the more exposure you get to basic litigation tasks, the more confident and competent you become in knowing how to tackle whatever assignment comes at you.

Garnish With Some Rest and Relaxation

At the end of the day, no recipe is complete if it isn’t made with a little love (or R&R in the case of articling students)!

In law school, you have deadlines for papers and exams and you will have similar expectations when articling. I remember like it was yesterday the fall of 1L and the rush of due dates for assignments while trying to balance studying for exams. Of course, this was followed by the lull of the second semester. During articling, you will have the same ebbs and flows, so take advantage of the downtime getting ahead on files but also doing things you enjoy. Yes, you need to work hard and meet deadlines because you are setting yourself up for your future career, but you also need to take time for yourself.

As a final thought, just know that you’ll be fine. Think back to how you developed and grew from your first to last year of law school. Similarly (and hopefully), things will get easier as time goes on during your articling experience and you get to learn how the law works in practice.

by Nicholas T

Bringing a Little MSW to the JDs

Many people believe that the fields of law and social work are opposites. As a summer student having spent even a short amount of time in a law firm, I can attest that there is in fact a fascinating overlap between the two disciplines. 

Within the tight-knit MSW/JD community, I’ve heard it put this way:
Law is public regulation and social work is public administration. 

I’ve also heard that “An MSW/JD is like a lawyer, except with a soul.” (I’ve chosen to include this because this blog has definitely not seen enough bad lawyer jokes! Wink!)

What I love most about starting in a law firm as an MSW/JD student is being able to look at the law through the social worker’s lens. Social workers learn methods and theories in psychology, psychotherapy, health, behaviour, and human dysfunctions, and apply this expertise through a diverse range of social and client interventions. In essence, social workers are trained to predict and interpret human behaviour, and the stakes can be incredibly high. We’re made to predict whether parents will abuse their children; if persons suffering from addiction are at risk of jeopardizing their sober living facilities; and whether historically violent parolees will re-offend.

There’s a constant mental assessment happening: Is this person a threat? Are they lying to me? How are they going to act when I leave the room? What makes them tick? What keeps them calm? Something doesn’t feel right, but I can’t put my finger on it, and I must make my recommendation today: What level of risk does this person pose to themselves and to others?

The roots of frontline social work and the roots of litigation are very much alike. The question we’re continuously asking ourselves as litigators is: What is the other side going to do next? How will they react to what I’m advancing? What can I do or say that will make them understand me? What can I do or say that will help them feel understood?

Whether your audience is a judge, a jury, or opposing parties, one of the main goals in litigation is to appeal to what moves them and persuade them to your side. Legal strategy is partly a game in psychology, which is why using the social work lens to tap into human drives, patterns, emotions, and shortcomings is a powerful advantage.

While they do seem like polar fields at times, social work and law are, in my view, quite complementary. It will be fascinating to watch how social work influences my perspective on the law, as well as how my peers’ backgrounds shape their own emerging legal practices. As a very new, little fish in a big, lawyer-y pond, I’m fortunate to be finding some comfort in the commonalities between the social work side of me and the litigator-in-training side of me here at McCague Borlack.

As an aside, I wanted to share my favourite books related to the fascinating intersections of psychology and argument…Bringing a little MSW to the JDs, as it were!

• Predictably Irrational – Dan Ariely
• The Gift of Fear – Gavin DeBecker
• Talking To Strangers – Malcolm Gladwell
• Freakonomics / Think Like a Freak – Steven D Levitt and Stephen J. Dubner
• Thank You for Arguing – Jay Heinrich

By Becka, Concurrent MSW/JD Summer Student

Lawyers plan their time…and the law gods laugh!

During my short stint as a summer student thus far, one thing has become abundantly clear about the legal profession: planning my time is unpredictable. It sounds like an oxymoron; trust me – I know. However, while it may sound paradoxical, the sentiment is true. Even though you may plan your day, working in the legal profession means you must accommodate short-term court deadlines, urgent tasks assigned to you, and time-sensitive client requests.

Challenges with time management are exacerbated when you’re a student because it can be difficult to anticipate how long a task will take. All too often, I will embark on an assignment after having allocated a certain amount of time in my day for the task – only to realize that it took much longer than I anticipated. 

"As someone who thrives on scheduling every minute of her day, changing my game plan to accommodate my evolving workload has been an uncomfortable reality."

But challenging as it may be, adapting to this more versatile approach when planning my time has been a fantastic learning opportunity.

1. Ask for input from lawyers on how much time to allocate. Being a lawyer means having experience completing a variety of different tasks. They likely have a good understanding of how long a certain task may take. Of course, it will take a student much longer than an experienced lawyer to do most things, but this can certainly offer a great jumping-off point.
   
   
2. Communicate your capacity when negotiating deadlines. Don’t overbook yourself! Otherwise, your work product may suffer. It’s important to communicate with the assigning lawyer when you have a lot of work on your plate. If you jam-pack your schedule with deadlines without leaving time to accommodate longer-than-anticipated tasks or last-minute requests, you might be setting yourself up to fail. It’s important to advocate for yourself and be realistic when you agree to a deadline so that you have no problem meeting it.
   
   
3. Allow for more of a buffer than you think. Think something will only take you 3 hours? Great, reserve 5! Best case, it doesn’t take that long, and you’ve freed up some time in your schedule to get started on other tasks. Worst case, it’s taken you a bit longer than anticipated, but you budgeted your time with enough flexibility to cope with the unexpected! Win-win! Of course, it doesn’t always work out quite as perfectly as this, but adding in some buffer time has helped me immensely.
   
   
4. Roll with the punches! While it’s always helpful to have a plan to maximize your time, understanding that you may need to move things around at the last minute and improvise with your time is also important. Realizing that your schedule is subject to change can help set realistic goals and expectations for managing your time and helps to prevent panic down the road when you need to pivot unexpectedly.

Don’t get me wrong with this last item; I’m definitely still a planner! But this more flexible approach when scheduling my task list has given me more confidence in managing my time! 

by Sarah B.