Keeping Tabs - Fall 2021
Stay up-to-date on news and events from our Young Advocates' Standing Committee (YASC) with Keeping Tabs.
Stay up-to-date on news and events from our Young Advocates' Standing Committee (YASC) with Keeping Tabs.
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
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