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Keeping Tabs - Fall 2021

Stay up-to-date on news and events from our Young Advocates' Standing Committee (YASC) with Keeping Tabs.

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KEEPING TABS<br />

The Advocates’ Society<br />

<strong>Fall</strong> <strong>2021</strong>


Mastering the art and craft of advocacy is a career-long commitment and we are<br />

here to help. The Advocates’ Society has been the premier provider of advocacy<br />

skills training for over 30 years. We are proud to provide lawyers across Canada<br />

with the training and the confidence they need to execute on their feet when it<br />

counts. The Judge will notice…your clients will too.<br />

Visit www.advocates.ca. Be part of the legacy of extraordinary advocates.


CONTENTS<br />

04<br />

06<br />

10<br />

12<br />

16<br />

18<br />

Chair Chat<br />

Erin Pleet, Thornton Grout Finnigan LLP<br />

Hand of the Queen:<br />

Strategies to Succeed as Second Chair<br />

Ivan Merrow, McCarthy Tétrault LLP<br />

Thinking about Mistakes<br />

Matt Jantzi, Miller Canfield LLP<br />

Think Outside the Block:<br />

Why and How To Avoid Block Quotes<br />

Jennifer Brevorka, Henein Hutchison LLP and<br />

David Postel, Henein Hutchison LLP<br />

Roundtable: How has COVID-19<br />

Changed Your Practice?<br />

Compiled by Carlo DiCarlo, Stockwoods LLP<br />

and Sebastian L. Pyzik, Woods LLP<br />

Twitter Roundup<br />

Compiled by Patrick MacDonald<br />

Editor: Alexandra Shelley, Torys LLP | ashelley@torys.com<br />

Deputy Editor: Khrystina McMillan, Mathers McHenry & Co<br />

<strong>Keeping</strong> <strong>Tabs</strong> Editorial Team: Carlo Di Carlo, Stockwoods LLP, Patrick J. MacDonald, Sean Petrou, McCarthy Tétrault LLP,<br />

Timothy J.L. Phelan, Cambridge LLP, Sebastian L. Pyzik, Woods S.e.n.c.r.l.<br />

The Young Advocates’ Standing Committee (“YASC”) is a standing committee of The Advocates’ Society with a mandate to be a<br />

voice for young advocates (advocates who are ten years of call or fewer) within the Society and within the profession. We do this<br />

through networking/mentoring events, by publishing articles by and for young advocates, and by raising issues of concern to<br />

young advocates as we work with the Society’s Board of Directors. The opinions expressed by individual authors are their own<br />

and do not necessarily reflect the policies of The Advocates’ Society.<br />

3


CHAIR CHAT<br />

Chair Chat<br />

Erin Pleet, Thornton Grout Finnigan LLP<br />

As I write this Chair Chat we are<br />

approaching the first ever National<br />

Day for Truth and Reconciliation.<br />

Leading up to this day I have been<br />

thinking about what we as advocates<br />

can do to further the Calls to<br />

Action made by the Truth and Reconciliation<br />

Commission, including<br />

those relating to justice.<br />

While this short Chair Chat cannot<br />

begin to cover the breadth and depth<br />

of the topic of Truth and Reconciliation,<br />

I hope that each of you has had<br />

an opportunity to remember, reflect<br />

and learn about the intergenerational<br />

harm that residential schools<br />

have caused to Indigenous families<br />

and communities, and to take action.<br />

There are a variety of useful resources<br />

relating to Truth and Reconciliation<br />

for lawyers, including the Guide<br />

for Lawyers Working with Indigenous<br />

Peoples, a joint project of The Advocates’<br />

Society, The Indigenous Bar Association<br />

and The Law Society of Ontario.<br />

I am in the early stages of my<br />

education on these important topics,<br />

and I am grateful there is a national<br />

day where we can reflect and take action,<br />

individually and collectively.<br />

Turning to this issue of <strong>Keeping</strong><br />

<strong>Tabs</strong>, you’ll find an article with<br />

some great advice for taking on the<br />

role of “second chair”, a convincing<br />

argument to avoid block quotes in<br />

your legal writing (I profess my guilt<br />

on this one), an interview roundtable<br />

with young advocates on the<br />

impact of COVID-19 on their practices,<br />

tips on how to avoid common<br />

mistakes in early practice, and<br />

some Twitter fun.<br />

If you’d like to contribute to an<br />

upcoming edition of <strong>Keeping</strong> <strong>Tabs</strong>,<br />

please email Alex Shelley. To get<br />

more involved in YASC, please email<br />

our Volunteer Roster coordinator<br />

Lisa Delaney.<br />

Be sure to check your inboxes or follow<br />

The Advocates’ Society on Twitter,<br />

LinkedIn and Facebook for the latest<br />

on our events and initiatives.<br />

4


Examinations for Discovery:<br />

Building Block Series<br />

Block 1: Theory, Strategy and Preparation (Plenary Session)<br />

Friday, October 22, <strong>2021</strong><br />

Block 2: Discovery Questions and Techniques (Plenary Session)<br />

Tuesday, November 16, <strong>2021</strong><br />

Block 3: Conducting an Effective Discovery (Skills Workshop)<br />

Tuesday, December 14, <strong>2021</strong><br />

Block 4: Using Discovery Transcripts at Trial (Plenary + Skills)<br />

Thursday, January 20, 2022<br />

Discoveries are high-stakes advocacy. An effective discovery<br />

will help you optimize settlement or strengthen your case for<br />

trial. Don’t leave your discovery skills to chance.<br />

In this highly-anticipated new Building Block series<br />

on discoveries, seasoned litigators and judges<br />

will break down their most effective discovery<br />

techniques over four sessions, providing you<br />

with the tools, tips and strategies you need<br />

to get the most out of your next discovery.<br />

Developed by renowned litigators<br />

Sandra Barton and Tom Curry – both<br />

recipients of TAS's Excellence in<br />

Teaching Award - and in consultation<br />

with members of our Young Advocates’<br />

Standing Committee, this interactive<br />

and practical series will help take your<br />

discovery skills to the next level.<br />

To learn more or register,<br />

visit www.advocates.ca<br />

5


CAREER ADVICE<br />

Hand of the Queen:<br />

Strategies to Succeed<br />

as Second Chair<br />

Ivan Merrow, McCarthy Tétrault LLP<br />

In complex litigation proceedings where the stakes are at their highest, isolation<br />

can be dangerous. More minds make it possible to see more angles,<br />

test theories, bring diverse expertise, and develop strategy. The preparation<br />

and conduct of contested hearings is also a labour-intensive exercise,<br />

where many hands can make light work.<br />

Throughout our careers we may be called upon to act as “second chair” to<br />

lead counsel, whether as an apprentice, subject-matter expert, or co-counsel.<br />

Most legal training, however, focuses on our role as an individual lawyer,<br />

not as a team member. The Advocates’ Society recently recognized the importance<br />

of this role and the unique skillset it requires with the introduction<br />

6


3. Be aware: Bernice Bowley of Filmore Riley LLP<br />

(Winnipeg), says, “Inform yourself about the case<br />

in advance, pay close attention to the proceedings,<br />

take accurate and thoughtful notes during any<br />

hearing, and attempt to contribute meaningfully.”<br />

4. Be watchful: Erin Breen of Sullivan Breen<br />

Defence (St. John’s), says, “Know the materials<br />

inside and out and be confident to voice your<br />

opinion particularly when you think something<br />

is being overlooked.”<br />

5. Be prepared: Tammy Coates of Lawson Lundell<br />

LLP (Calgary), says, “Being attentive to detail<br />

is one of the keys for successful second counsel—to<br />

help anticipate and be ready for next<br />

steps and to give lead counsel the flexibility of<br />

big picture analysis while knowing that nothing<br />

is ‘falling through the cracks’.”<br />

6. Be helpful: Atrisha Lewis of McCarthy Tétrault<br />

LLP (Toronto), says, “think about how you can<br />

make life easier for senior counsel and soak up<br />

all the learnings you can.”<br />

of its program, “Second Chair, Not Second Fiddle,”<br />

on October 6, <strong>2021</strong>.<br />

The following insights were drawn from leading<br />

advocates and practitioners from across the<br />

country, with practical advice on how to succeed<br />

as “second chair”.<br />

1. Be invested: Marie Henein of Henein Hutchison<br />

LLP (Toronto), says, “My advice is that you don’t<br />

think of yourself as a second chair – you are as<br />

valuable, as responsible and as invested as the<br />

first chair.”<br />

2. Be critical: Miranda Lam of McCarthy Tétrault<br />

LLP (Vancouver), says, “Don’t assume the first chair<br />

is right. The best outcomes (inside and outside a<br />

courtroom) in complex cases come from debating<br />

the cases, the facts, the law, the nuances and the<br />

strategy. Trust your preparation and your instincts<br />

and raise the thorny questions and blindspots.”<br />

Several themes stand out from these insights.<br />

Being engaged in the file is about more than<br />

taking insightful notes and mastering the materials:<br />

it’s also about taking responsibility and<br />

anticipating next steps.<br />

As advocates our ultimate duty is to our client,<br />

whether in a support role or as lead counsel. By<br />

taking ownership of the file, each member of<br />

the litigation team can reduce errors, avoid near<br />

misses, enrich perspective, and strengthen argument.<br />

Underlying all this advice is a foundation<br />

of trust, mentorship, and communication. If you<br />

are unsure how to contribute, ask lead counsel<br />

and peers, and learn how to best contribute and<br />

excel as a second chair on your next mandate.<br />

Editor’s Note: Want to know more? The archive<br />

of the October 6, <strong>2021</strong> “Second Chair, Not Second<br />

Fiddle” program is available in the TAS<br />

On-Demand Archive portal here.<br />

7


EVENT REPORT<br />

Thinking about Mistakes<br />

Matt Jantzi, Miller Canfield LLP<br />

On October 14, <strong>2021</strong>, the Young Advocates Standing Committee hosted a<br />

panel on the “Top 5 Mistakes in the First 5 Years & How to Avoid Them”.<br />

The panelists shared their experiences and stories of mistakes they made<br />

in their first years of practice and the important lessons learned from<br />

those mistakes.<br />

A unifying theme in the conversation from the evening was that mistakes<br />

often have interpersonal components, stemming from relationships<br />

with our clients, our colleagues, and ourselves. The below are just<br />

some of the best practices the panelists shared to avoid making these<br />

types of mistakes.<br />

8


1. Effective communication with clients requires<br />

candour, which can be uncomfortable<br />

for new lawyers, especially when having to deliver<br />

bad news to a client. Good practices can<br />

include addressing a client’s expectations right<br />

away and having early discussions about any<br />

weaknesses in a case. Clients often appreciate<br />

the honesty.<br />

2. Time management practices are key. As<br />

highlighted by Juda Strawcynski of LAWPRO,<br />

a helpful acronym for developing these practices<br />

is “CD” – communicate then document. The<br />

importance of doing this cannot be understated,<br />

since time management underlies 46% of<br />

claims clients make against their lawyers.<br />

3. It is worthwhile to invest in your relationships<br />

with your colleagues and in your own life outside<br />

of work. Good communication practices<br />

with your team can be just as important as<br />

those with a client. Likewise, being mindful of<br />

your health and well-being can help you perform<br />

at your best.<br />

Despite our best efforts (and though we hate<br />

to admit it), mistakes can still happen and claims<br />

are sometimes unavoidable. LAWPRO offers resources<br />

for avoiding mistakes (like checklists),<br />

but also helps with the daunting experience of<br />

dealing with a claim. It is important to contact<br />

LAWPRO when mistakes happen. In addition<br />

to defending or advising you with respect to a<br />

claim, LAWPRO has resources and experience<br />

in helping lawyers process the emotional turbulence<br />

often associated with the process.<br />

9


LEGAL WRITING<br />

Think Outside the Block:<br />

Why and How To Avoid<br />

Block Quotes<br />

Jennifer Brevorka, Henein Hutchison LLP &<br />

David Postel, Henein Hutchison LLP<br />

We don’t like block quotes. And we’re not alone.<br />

As a little Googling or time with any good legal writing text will show, block<br />

quotes are best avoided. Yet block quotes are pervasive in Canadian legal<br />

writing. We have seen block quotes that span an entire page. Block quotes<br />

within block quotes. Even (horrors!) block quotes within block quotes within<br />

block quotes. This is not the stuff of persuasive legal writing.<br />

10


lock quotes have probably never been read by<br />

anyone.” 3 If your goal is to be read, give your<br />

audience something they’ll actually read.<br />

2. They’re a poor use of space. Most courts<br />

have page limits on written submissions. Each<br />

page is valuable real estate. That precious resource<br />

should not be squandered on a block<br />

quote that’s unlikely to be read. Block quotes<br />

are especially wasteful when used (as they often<br />

are) to canvass high-level legal principles. But,<br />

as Justice John Laskin pointed out, while on the<br />

Ontario Court of Appeal, judges “do not need<br />

four paragraphs on the standard of review of<br />

a trial judge’s finding of fact or five paragraphs<br />

on the summary judgment test under Rule 20.” 4<br />

Devote that limited space instead to why, under<br />

the applicable legal test, you should prevail.<br />

For present purposes we’re not concerned<br />

with why this is. We’re interested in halting it.<br />

To that end, we lay out here a few arguments<br />

against block quotes and offer some suggestions<br />

about how to limit their use.<br />

Quoter Beware<br />

There’s an abundance of literature on the<br />

shortcomings of block quotes. Sadly, the lessons<br />

from it too often go unheeded. We think<br />

these are among the most compelling of them:<br />

1. No one reads them. That often includes us.<br />

A block quote invites readers to flit right past<br />

it by “highlight[ing] just what part of the page<br />

they can skip.” 1 Legal practitioners far and wide<br />

acknowledge this sad but true fact. 2 The late jurist<br />

Antonin Scalia and lexicographer Bryan Garner<br />

have even amusingly speculated that “many<br />

3. They’re counterproductive. Justice Stratas of<br />

the Federal Court of Appeal has observed that<br />

block quotes tend to “dissipate[] the force of the<br />

argument” and result in submissions “like an unpacked,<br />

fluffy snowball” that, when thrown, “the<br />

target hardly feels”. 5 Submissions with “short<br />

snippets from authorities”, on the other hand,<br />

are more “like a snowball packed tightly into an<br />

iceball”: “Throw it, and the target really feels it”. 6<br />

Practically speaking, by their nature block quotes<br />

tend to result in lengthier submissions. Shorter is<br />

better. Lengthier submissions “run the risk that,<br />

although they will be read, they may not be read<br />

carefully and fully digested”. 7<br />

4. They’re poor advocacy. Anyone can copy<br />

and paste. An advocate’s job is “to advocate,<br />

not to recite cold language on the assumption<br />

that the reader will study it and connect it to the<br />

present case.” 8 Paraphrasing, in contrast, does<br />

away with the risk that the point you’re trying to<br />

convey with your block quote is lost in transmission.<br />

Think of the points you’re trying to make<br />

as an hors-d’œuvre: you should serve them to<br />

your reader on a silver platter, not give them<br />

directions to the kitchen.<br />

11


A Change Is Gonna Come<br />

So how do we change? We don’t suggest eliminating<br />

block quotes outright because there are<br />

occasions when block quotes are worthwhile. To<br />

figure out when, ask yourself if the exact wording<br />

of the text you’re relying on is essential, or if<br />

paraphrasing would be less effective than a verbatim<br />

regurgitation. 9 If you can paraphrase, go for<br />

it! Draft an “elevator pitch” of the legal rule you’re<br />

relying on. If your words can be read and understood<br />

by a layperson, you’ve hit the bullseye.<br />

However, if you just can’t let go of block<br />

quotes—or a senior lawyer insists on using<br />

them—make them the exception, not the norm.<br />

Try to use no more than one block quote per<br />

document. At the very least (we’re begging you)<br />

avoid using a block quote that itself contains a<br />

block quote. Either excerpt from the original or<br />

find something else.<br />

Cut the fat from your block quotes to make<br />

them less taxing on your reader. Using ellipses<br />

you can distill the quote to its essence. By eliminating<br />

unnecessary filler you may just shorten<br />

the quote enough that it can be embedded into<br />

your main text rather than cordoned off in an<br />

unsightly indented block. You might also be able<br />

to achieve this by chopping your quote into two<br />

or more pieces, such that each is short enough<br />

to shoehorn into the body of your text. In doing<br />

so, you trick your audience into reading what<br />

they might otherwise skip.<br />

Try writing a persuasive lead-in for a block<br />

quote that hints at what the quote is all about.<br />

Don’t just blandly observe that “The court held”<br />

before unloading your block quote; introduce<br />

your block quote with force: “The court emphatically<br />

rejected this position: …”. By teeing<br />

up your quote, you entice your audience into<br />

reading and assist in understanding it.<br />

Our Sermon Ends<br />

We appreciate that our views may ruffle some<br />

feathers, given how strong a predilection a portion<br />

of the Canadian bench and bar have for block<br />

quotes. But that doesn’t mean you have to go with<br />

this flow. Lawyers are not lemmings marching into<br />

the sea. Lawyers question accepted practices and<br />

develop new approaches. Our approach to block<br />

quotes, we submit, is the better one. We welcome<br />

your feedback if you disagree. Please though, put<br />

it in your own words!<br />

Notes<br />

1. Marie Buckley, The Art of (Not) Quoting, online: https://mariebuckley.<br />

com/the-art-of-not-quoting/<br />

2. See, e.g., Eugene Meehan, Winning Through Writing, 2017 CanLIIDocs<br />

3805, at 3.<br />

3. Antonin Scalia & Bryan Garner, Making Your Case at 128.<br />

4. John I. Laskin, Forget the Wind-Up and Make the Pitch, online: https://www.<br />

scai-ipcs.ca/pdf/Laskin-MakethePitch.pdf at 23–24.<br />

5. McKesson Canada Corporation v. Canada, 2014 FCA 290 at paras. 24–25.<br />

6. Ibid.<br />

7. Laskin, supra note 4 at 27.<br />

8. Andrey Spektor & Michael Zuckerman, Legal Writing as Good Writing, 14<br />

J. App. Prac. & Process at 305.<br />

9. John Kleefeld, Book Review - Edward Berry, Writing Reasons, 63:1<br />

McGill Law Journal at 191.<br />

12


Equality, Diversity<br />

and Inclusion for<br />

Litigators<br />

Thursday, November 25, <strong>2021</strong><br />

1:00 pm - 4:00 pm (ET)<br />

Live Online<br />

“You know, you remind me a lot of myself when<br />

I started practising law.”<br />

While this message is frequently conveyed from<br />

senior to junior counsel in positive mentorship<br />

scenarios, it’s not a phrase everyone hears. Many<br />

of us have a natural and powerful inclination to<br />

help those we identify with most, whether that be<br />

through shared gender, culture, and/or interests.<br />

We recognize that diversity is important, but how<br />

do we include, support and serve those in our<br />

profession with whom we do not identify?<br />

In this program, hear from leading litigators and<br />

judges from across Canada on how responsible<br />

mentorship informs our interactions with our<br />

colleagues and clients through a series of<br />

practical panel discussions.<br />

To learn more or register visit<br />

www.advocates.ca 13


London Virtual<br />

Mentoring:<br />

Time Is on Your Side!<br />

Thursday, November 4, <strong>2021</strong><br />

5:30 pm - 7:00 pm (ET)<br />

Live Online<br />

Join us for this popular virtual mentoring<br />

event where our mentors will listen to your<br />

concerns and provide tangible practice<br />

suggestions to help keep you on track so that<br />

you can maximize productivity, and wellness.<br />

Discussion Topics:<br />

• How do you balance non-billable, billable,<br />

and personal activities?<br />

• What is the art of working efficiently?<br />

• What are the most effective ways to<br />

market and build your practice?<br />

• How do you stay calm, cool and collected<br />

amid the chaos?<br />

To learn more or register visit<br />

www.advocates.ca<br />

14


YASC ROUNDTABLE<br />

Roundtable:<br />

How has COVID-19<br />

Changed Your Practice?<br />

Compiled by Carlo DiCarlo, Stockwoods LLP<br />

and Sebastian L. Pyzik, Woods LLP<br />

YASC reached out to the following lawyers across the country to get a measure of how COVID-19<br />

has impacted their practices, what the expectations are for the next phase and what changes to<br />

the practice might be here for good:<br />

• Jessica Lithwick (JL) - Jessica is a generalist civil litigator at Sugden, McFee & Roos LLP<br />

in Vancouver.<br />

• Joanne Luu (JLuu) - Joanne Luu is a partner at Burnet, Duckworth & Palmer LLP in Calgary<br />

where she acts as counsel and arbitrator.<br />

• Andrew Porter (AP) – Andrew is a partner at Lenczner Slaght LLP, a litigation firm in Toronto.<br />

His practice focuses on commercial disputes and medical malpractice.<br />

• Marc-Antoine Côté (MAC) – Marc-Antoine is a commercial litigator at Woods LLP in Montreal,<br />

where he acts in complex cases in several fields.<br />

15


Q1. Describe how COVID-19 has impacted your practice since March 2020.<br />

JL: Key changes in BC have been the ability to swear affidavits virtually, attend chambers<br />

via MS Teams and the significant increase in judicial tolerance for remote witness testimony,<br />

at least for the time being.<br />

JLuu: At the beginning of pandemic, a perfect storm of circumstances necessitated an<br />

urgent resolution of a dispute. Fortunately, we were able to work cooperatively with<br />

opposing counsel to arbitrate the matter, moving from pleadings to a Final Award in approximately<br />

2.5 months. More recently, I have been engaged on a force majeure matter<br />

related to delays caused by COVID-related disruptions. In other words, COVID has kept<br />

me busy!<br />

AP: The biggest impact, of course, has been format and location. The immediate shift<br />

to working at home came with some challenges. One never wants to have a BBC Dad or<br />

Cat Lawyer moment if one can avoid it. With the support of my firm, I was able to adapt<br />

very quickly and found a tremendous number of efficiencies in my practice. The time<br />

savings alone have been significant, as discoveries, hearings and meetings start and<br />

end with the push of a button. It has also been a great opportunity to finish the process<br />

of digitizing all aspects of my practice.<br />

MAC: During the first lockdown, due to the suspension of prescription and forfeiture<br />

periods for civil matters and deadlines for civil procedures, our day-to-day practice was<br />

greatly impacted, as upcoming trials, examination on discovery and hearings were postponed<br />

indefinitely. Not going to court – unless in urgent matters – also impacted all the<br />

work usually done in preparation for hearings, and our work became more focused on<br />

the long-term preparation of upcoming cases.<br />

Q2. How do you expect that your practice will change in the next (i) few weeks (ii)<br />

months (iii) year?<br />

JL: I expect that virtual testimony will return to being the exception, given that criminal<br />

trials, pre-trial applications, voir dires and extradition hearings have been presumptively<br />

taking place in person since June 8, 2020 (BC Supreme Court COVID-19 Notice No. 33).<br />

Once our courts are not forced to decide between permitting remote testimony and<br />

adjournment of a trial, I expect that there will be much less tolerance for remote testimony.<br />

Civil chambers continue to take place through MS Teams and, in my opinion, this<br />

increases access to justice by reducing dead time.<br />

JLuu: The pandemic has really pushed businesses, including the legal practice, to modernize.<br />

We’ve all seen the advent of remote hearings, but I’m also starting to see more parties<br />

16


turn to arbitration as an alternative to the<br />

court process. Some parties want to avoid<br />

the backlog in the courts, while others are<br />

looking for a more tailor-fit procedure to<br />

cut out anything extraneous. So, in short,<br />

I expect to see more arbitrations both as<br />

counsel and arbitrator.<br />

MAC: I expect that in-person hearings<br />

will increase in the next few weeks, especially<br />

for trials or complex hearings.<br />

Then, over the next few months, I expect<br />

we will have a clearer view of the type<br />

of cases that require in-person hearings<br />

and what can be done through virtual<br />

hearings. Finally, over the next year, I<br />

foresee many changes – both in the office<br />

and at court – that will allow us to<br />

move slowly but surely in a more paperless<br />

environment.<br />

Jessica Lithwick, Sugden, McFee & Roos LL<br />

Q3. What has been your biggest challenge<br />

during the past 18 months?<br />

JL: On the interpersonal front, networking<br />

and non-substantive relationship-building<br />

conversations with clients<br />

are greatly reduced because so much is<br />

occurring remotely. Although at the outset<br />

of COVID people were trying to maintain<br />

such interactions, through things<br />

like virtual happy hours, that has pretty<br />

much fallen away. Whatever increases<br />

came with the warmer weather (patio<br />

lunches and outdoor gatherings) will be<br />

lessened as the winter approaches.<br />

JLuu: The lack of in-person connection<br />

has been really tough. It has been particularly<br />

difficult to offer the same level<br />

of mentorship to students and junior<br />

Joanne Luu, Burnet, Duckworth & Palmer LLP<br />

17


associates. I also really miss coffees and<br />

lunches with my assistant.<br />

AP: Working from home has felt isolating<br />

at times. My firm has done an incredible<br />

job of maintaining so many of our<br />

traditions, but you do lose the feeling of<br />

togetherness when everything is virtual.<br />

Given the nature of our work, we really<br />

do thrive when we’re collaborating and<br />

solving problems together. Replicating all<br />

that virtually can be done but it’s much<br />

harder and, frankly, less fun. Like so<br />

many others, I find it can be challenging<br />

to maintain a high level of productivity<br />

while the lines between home and work<br />

have blurred.<br />

Andrew Porter, Lenczner Slaght LLP<br />

MAC: While working remotely and meeting<br />

virtually has some advantages, COVID<br />

also allowed us to see how in-person interaction<br />

is indispensable in our practice.<br />

Spontaneous discussions and meetings<br />

with clients and colleagues are essential<br />

to building up a practice, especially for a<br />

younger lawyer like myself. Having a mentor,<br />

asking questions, and hearing about<br />

colleagues’ cases are invaluable, as you can<br />

benefit from the experience of others and<br />

learn from them in the process.<br />

Marc-Antoine Côté, Woods LLP<br />

Q4. What changes to the practice in<br />

your area caused by COVID-19 do you<br />

expect will carry forward?<br />

JLuu: It seems that counsel and parties on<br />

all sides have really rolled up their sleeves<br />

to take a commonsense approach to<br />

make things work. I hope that continues.<br />

18


AP: I think aspects of virtual practice are here to stay. The cost savings to our clients are<br />

too significant to ignore. Although there are situations where proceeding in person will<br />

be preferable, I am hopeful that most discoveries, scheduling appearances, 9:30 appointments<br />

at the Commercial List, etc. can continue to be conducted virtually. Trials should,<br />

I think, evolve to include remote testimony for some witnesses even once trials are conducted<br />

in person more regularly. I also think tribunals will continue to default to virtual<br />

hearings, even once the pandemic subsides.<br />

MAC: I think that virtual hearings will remain in place for short procedural debates or<br />

unopposed motions, while in-person hearings will remain the norm for trials or complex<br />

debates. In addition, even in the context of trials, we see courts now being more open to<br />

having witnesses testify remotely.<br />

Q5. What’s the situation going to be when you return to the office?<br />

JL: In small firms at least, we are still spending time with our co-workers in person (wearing<br />

masks). As opposed to my contemporaries at larger firms, I have been less house-bound<br />

(for better or for worse) because my sparsely populated office better allows for social distancing.<br />

This has been going on for quite some time as BC has not had a lockdown since<br />

the very early days of COVID-19.<br />

AP: From now until the end of the year, everyone at our firm has complete flexibility<br />

in where they work. We implemented a mandatory vaccination policy which<br />

means that anyone working, visiting, or meeting in the office must be fully vaccinated.<br />

We are also participating in an opt-in rapid screening program through the<br />

Creative Destruction Lab. Our efforts are very focused on health and safety and<br />

making sure that those of us who want flexibility this fall can feel safe, no matter<br />

where we choose to work.<br />

MAC: Since the middle of the summer, some people have already returned to the office<br />

on a full-time basis, but most people at our firm are still working from home most<br />

of the time and coming into the office once or twice a week only. I expect that as trials<br />

resume, people will be coming in more and more. I don’t expect there will be rotating<br />

shifts, but I do think that there will both be a place for people who want to be working<br />

at the office full-time as well as those who only want to come in on a sporadic basis. Finally,<br />

we know that some firms have already decided to implement vaccine mandates,<br />

and while this is not the case everywhere yet, I do believe that vaccines are the key to<br />

bringing people back to the office. <strong>Keeping</strong> people safe will go a long way in order to<br />

resume a normal office life.<br />

19


these TAS members show us the resilience (and humour) we've been using as lawye<br />

h$ps://twi$er.com/JOpolsky/status/1428108262336081924<br />

it!<br />

h$ps://twi$er.com/JOpolsky/status/1428108262336081924<br />

h$ps://twi$er.<br />

h$ps://twi$er.com/FarenBogach/status/1398415577690128<br />

h$ps://twi$er.com/FarenBogach/status/1398415577690128385<br />

h$ps://twi$er.com/mrubenst/status/1432092159734386689<br />

Twitter Roundup<br />

h$ps://twi$er.com/mrubenst/status/1432092159734386689<br />

Twitter Roundup<br />

Compiled by: Patrick MacDonald<br />

h$ps://twi$er.com/tellieli@gates/status/1431132910871060<br />

The past 18 months have been a particularly demanding time for an already<br />

demanding profession. But these TAS members show us the resilience (and<br />

humour) we’ve been using as lawyers to get us through it!<br />

h$ps://twi$er.com/tellieli@gates/status/1431132910871060480<br />

20


com/mrubenst/status/1432092159734386689<br />

h$ps://twi$er.com/YadeshaS/status/1439917727611822088<br />

h$ps://twi$er.com/tellieli@gates/status/1431132910871060480<br />

h$ps://twi$er.com/YadeshaS/status/1439917727611822088<br />

com/tellieli@gates/status/1431132910871060480<br />

h$ps://twi$er.com/YadeshaS/status/1439917727611822088<br />

h$ps://twi$er.com/Ryann_Atkins1/status/1410383919988490240<br />

h$ps://twi$er.com/Ryann_Atkins1/status/1410383919988490<br />

h$ps://twi$er.com/Ryann_Atkins1/status/1410383919988490240<br />

h$ps://twi$er.com/Khrys@naMc/status/1400791466943954949<br />

h$ps://twi$er.com/Khrys@naMc/status/140079146694395494<br />

h$ps://twi$er.com/Khrys@naMc/status/1400791466943954949<br />

21


22<br />

Young Advocates’ Social: Mixer and Mixology<br />

September 23, <strong>2021</strong> | Live Online


23


Alberta Big Mingle<br />

September 22, <strong>2021</strong> | Live Online<br />

Brendan MacArthur-Stevens, Blake, Cassels & Graydon LLP<br />

24<br />

D. Bronwhyn Simmons, Miller Thomson LLP


Leading Your Case<br />

Wednesday, December 1, <strong>2021</strong><br />

1:00 pm – 4:00 pm (ET)<br />

Live Online<br />

An effective litigator is an effective story teller.<br />

Your opening statement and examination-in-chief<br />

are two of your most important tools to tell<br />

your client’s side of the story. Join us, live<br />

online, and learn the techniques used by<br />

experienced counsel to control the narrative<br />

and deliver powerful opening statements<br />

and examinations-in-chief.<br />

You will learn how to:<br />

• Identify the elements of a persuasive story<br />

• Deliver a compelling opening statement<br />

• Prepare and conduct an effective<br />

examination-in-chief<br />

• Anticipate complex evidentiary issues<br />

To learn more or register visit<br />

www.advocates.ca<br />

25


Virtual Mentoring: Practice Makes Perfect<br />

October 6, <strong>2021</strong> | Live Online<br />

Kristen A. Duerhammer, KPMG LLP<br />

26<br />

Deborah Templer, McCarthy Tétrault LLP


Top Mistakes in the First 5 Years & How To Avoid Them<br />

October 13, <strong>2021</strong> | Live Online<br />

Juda Strawczynski, LAWPRO<br />

Jennifer Bezaire, Greg Monforton & Partners<br />

Jeffrey Patterson, Miller Canfield LLP<br />

Jessica A. Koper Shibley Righton LLP<br />

Irina Rosca, Greg Monforton & Partners<br />

27


www.advocates.ca

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