Keeping Tabs - Fall 2021

3. Be aware: Bernice Bowley of Filmore Riley LLP
(Winnipeg), says, “Inform yourself about the case
in advance, pay close attention to the proceedings,
take accurate and thoughtful notes during any
hearing, and attempt to contribute meaningfully.”
4. Be watchful: Erin Breen of Sullivan Breen
Defence (St. John’s), says, “Know the materials
inside and out and be confident to voice your
opinion particularly when you think something
is being overlooked.”
5. Be prepared: Tammy Coates of Lawson Lundell
LLP (Calgary), says, “Being attentive to detail
is one of the keys for successful second counsel—to
help anticipate and be ready for next
steps and to give lead counsel the flexibility of
big picture analysis while knowing that nothing
is ‘falling through the cracks’.”
6. Be helpful: Atrisha Lewis of McCarthy Tétrault
LLP (Toronto), says, “think about how you can
make life easier for senior counsel and soak up
all the learnings you can.”
of its program, “Second Chair, Not Second Fiddle,”
on October 6, 2021.
The following insights were drawn from leading
advocates and practitioners from across the
country, with practical advice on how to succeed
as “second chair”.
1. Be invested: Marie Henein of Henein Hutchison
LLP (Toronto), says, “My advice is that you don’t
think of yourself as a second chair – you are as
valuable, as responsible and as invested as the
first chair.”
2. Be critical: Miranda Lam of McCarthy Tétrault
LLP (Vancouver), says, “Don’t assume the first chair
is right. The best outcomes (inside and outside a
courtroom) in complex cases come from debating
the cases, the facts, the law, the nuances and the
strategy. Trust your preparation and your instincts
and raise the thorny questions and blindspots.”
Several themes stand out from these insights.
Being engaged in the file is about more than
taking insightful notes and mastering the materials:
it’s also about taking responsibility and
anticipating next steps.
As advocates our ultimate duty is to our client,
whether in a support role or as lead counsel. By
taking ownership of the file, each member of
the litigation team can reduce errors, avoid near
misses, enrich perspective, and strengthen argument.
Underlying all this advice is a foundation
of trust, mentorship, and communication. If you
are unsure how to contribute, ask lead counsel
and peers, and learn how to best contribute and
excel as a second chair on your next mandate.
Editor’s Note: Want to know more? The archive
of the October 6, 2021 “Second Chair, Not Second
Fiddle” program is available in the TAS
On-Demand Archive portal here.
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