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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 />
WINTER <strong>2023</strong>
What the TWEET is this?<br />
When you see this icon, throughout the publication,<br />
click on it to see what members are tweeting about.<br />
CONTENTS<br />
The Advocates’ Society is proud to announce a<br />
new online mentoring program exclusively for TAS members.<br />
A key goal of this new mentoring program is to create a simple way for our Junior Members to<br />
feel more connected to their professional community and obtain some career advice from more<br />
experienced members of the bar. This program model is convenient, efficient and effective:<br />
√<br />
√<br />
√<br />
No long-term commitments.<br />
No extensive questionnaires or matching.<br />
No heavy agendas, minute taking or long-term planning.<br />
NEW TAS<br />
MENTORING<br />
PORTAL<br />
Just simple connection and conversation for junior lawyers to get some tips and connect with<br />
someone new.<br />
04<br />
07<br />
11<br />
16<br />
18<br />
20<br />
Chair Chat<br />
Claudia Cappuccitti, Dyer Brown LLP<br />
Trial Advocacy For Junior Litigators<br />
Flora Yu, Waddell Phillips<br />
The Law of Trolling: Publication Bans in<br />
Regulatory Proceedings<br />
Evan Rankin, Singleton Urquhart Reynolds Vogel LLP<br />
Fit to practice: Four tips for keeping in shape,<br />
even when busy<br />
Byron Taylor-Conboy, Borden Ladner Gervais LLP<br />
The Litigator’s Guide to Transfer Pricing Trials<br />
Nicole Lynx, Deloitte Legal Canada LLP<br />
Interview with Sarah Strathopolous<br />
Aly Haji, Lax O’Sullivan Lisus Gottlieb LLP<br />
More information is available on<br />
the TAS mentoring<br />
website page.<br />
Mentee registration for TAS Junior Members<br />
is now open! Click here!<br />
****At this time, the program is only available in English but we are working with Mentorship Rocket to build a bilingual (English and French) site for later in <strong>2023</strong>.<br />
Editor: Khrystina McMillan, Ontario Securities Commission | kmcmillan@osc.gov.on.ca<br />
Deputy Editor: Sania Chaudhry, Forte Workplace Law | sania@fortelaw.ca<br />
<strong>Keeping</strong> <strong>Tabs</strong> Editorial Team: Eric Blay, Pallett Valo LLP, Nina Butz, Bennett Jones LLP, Michael Ding, WeirFoulds LLP, Aly Haji, Lax O’Sullivan Lisus Gottlieb LLP, and Sean<br />
Petrou, McCarthy Tétrault LLP<br />
The Young Advocates’ Standing Committee (“YASC”) is a standing committee of The Advocates’ Society with a mandate to be a voice for young advocates (advocates<br />
who are ten years of call or fewer) within the Society and within the profession. We do this through networking/mentoring events, by publishing articles by and<br />
for young advocates, and by raising issues of concern to young advocates as we work with the Society’s Board of Directors. The opinions expressed by individual<br />
authors are their own and do not necessarily reflect the policies of The Advocates’ Society.<br />
2 3
CHAIR CHAT<br />
Chair Chat<br />
Claudia Cappuccitti, Dyer Brown LLP<br />
Traditionally the start of the new year is a<br />
time for reflection and self-improvement.<br />
In this edition of <strong>Keeping</strong> <strong>Tabs</strong> we have<br />
some inspiration to kick-start your year.<br />
Flora Yu provides her top trial advocacy<br />
tips for junior litigators. We have an interview<br />
with the ever-inspiring Sarah Strathopolous,<br />
winner of the inaugural Patrick D.<br />
Schmidt Future of Family Law Award. Byron<br />
Taylor-Conboy has unlocked the secret to<br />
finding both more time in the day and the<br />
energy to get everything done. Evan Rankin<br />
walks us through publication bans in regulatory<br />
proceedings. Finally, Nicole Lynx<br />
gives us a run-down of the TAS event, The<br />
Litigator’s Guide to Transfer Pricing Trials.<br />
If, after making it though this edition of<br />
<strong>Keeping</strong> <strong>Tabs</strong>, you’re hungry for more inspiration<br />
and self-improvement, please<br />
consider applying for a spot on the Young<br />
Advocates’ Standing Committee (YASC).<br />
YASC is the voice of young advocates within<br />
The Advocates’ Society and in the profession<br />
at large. We are a community dedicated<br />
to providing young advocates with a<br />
platform and opportunities for mentoring,<br />
networking, and skills-improvement. We<br />
are committed to improving diversity and<br />
equity within profession, across the country.<br />
YASC is also, simply, a lot of fun. Applications<br />
open late January at advocates.ca<br />
to those within their first ten years of practice.<br />
Please do not hesitate to reach out to<br />
me at cc@dyerbrownlaw.com for more information.<br />
You can also continue you journey to<br />
self-improvement by contributing to an<br />
upcoming edition of <strong>Keeping</strong> <strong>Tabs</strong>. Please<br />
email our editor, Khrystina McMillan, at<br />
kmcmillan@osc.gov.on.ca for more details.<br />
If you’re looking to get involved, you<br />
can join our Volunteer Roster by reaching<br />
out to Katrina Crocker at katrina.crocker@<br />
queensu.ca.<br />
Be sure to check your inboxes or follow<br />
The Advocates’ Society on Twitter, LinkedIn,<br />
and Facebook for the latest on our events<br />
and initiatives.<br />
LINK TO SIGN-UP FORM<br />
PBO HOTLINE<br />
Key YASC contact: Nina Butz, 416-777-5521, butzn@bennettjones.com<br />
4<br />
5
TRIAL ADVOCACY<br />
Trial Advocacy for Junior<br />
Litigators<br />
Flora Yu, Waddell Phillips<br />
Despite being in my first year of call, I have<br />
had the opportunity to act as second chair in<br />
three major civil trials. Trials are a “final exam”<br />
of sorts, testing nearly every major lesson in<br />
advocacy learned in law school and our day-today<br />
practice as litigators. In this article I would<br />
like to share some of the insights I have gained<br />
through trial and error (mind the pun) on how<br />
to support your team through this gruelling<br />
process, and come out as a better litigator.<br />
Plan, but not too far in advance<br />
Time is a precious commodity in civil trials. Planning<br />
in advance helps ease the pressure, but trials<br />
are unpredictable: preparing too much and<br />
too far in advance may result in otherwise excellent<br />
work becoming obsolete and the client<br />
being billed unnecessarily. This is why it is important<br />
to work backwards from a big-picture<br />
timeline with direction from senior lawyers who<br />
can fill you in on the overall trial strategy, the<br />
core arguments on which to focus your efforts,<br />
and the areas that will most likely be subject to<br />
significant change.<br />
With that guidance from senior counsel, you<br />
should prepare an outline of closing submissions<br />
in advance. A helpful outline should contain<br />
the legal arguments and excerpts of the<br />
documentary evidence on which you are most<br />
likely to rely, with clearly demarcated spaces<br />
where you require more research or evidentiary<br />
support. It is important to identify gaps in<br />
your case early and communicate them to senior<br />
lawyers, as these gaps may impact their<br />
strategy at trial.<br />
You should also brush up on key evidentiary<br />
issues that may come up at trial including<br />
hearsay, other anticipated objections (and responses<br />
to anticipated objections), impeaching<br />
witnesses, expert qualifications, and business<br />
records. Investing in the latest edition of Sopinka’s<br />
Law of Evidence in Canada (or other similar<br />
resource) will yield guaranteed returns at trial.<br />
6 7
Discovery will come back to haunt<br />
(or reward) you<br />
Procedural mistakes and sharp practice at<br />
the discovery stage can resurface at trial<br />
resulting in real consequences to your client’s<br />
case. Improper questions, as well as<br />
incomplete answers and productions, can<br />
result in sanctions by the court such as adverse<br />
costs, an inability to tender favourable<br />
evidence, or the striking out of pleadings.<br />
It is important both as advocates and<br />
officers of the court to take our responsibilities<br />
seriously, and ensure fulsome, proper<br />
examinations and documentary production<br />
in advance of trial.<br />
Carve out your role and take ownership<br />
Being second chair can be a valuable opportunity<br />
to establish yourself as the trusted<br />
“right hand” to the senior counsel on<br />
your team and venture outside your comfort<br />
zone to develop new skills. As a junior<br />
litigator, you are in an ideal position to proactively<br />
coordinate with your colleagues<br />
to ensure that there is no duplication of<br />
work or confusion of responsibilities. The<br />
time required for essential tasks such as<br />
inserting footnotes, swearing affidavits, or<br />
uploading documents to Caselines is often<br />
underestimated. Exercising leadership by<br />
managing these details may be one of the<br />
best ways in which you can contribute to<br />
the team and prevent last-minute disasters.<br />
Aside from providing timely high-quality<br />
work product, you may also be able to<br />
carve out smaller, discrete aspects of the<br />
case over which you can take ownership.<br />
For example, you can become an “expert”<br />
in key legal issues of the case and prepare<br />
case summaries or bench briefs (see below)<br />
for quick reference when the need arises.<br />
There may be an opportunity for you to argue<br />
a motion or prepare and/or examine<br />
a witness. It is a good practice to express<br />
your interest well in advance and schedule<br />
time for senior counsel to supervise and review<br />
your work.<br />
Set up a system for in-trial<br />
communication<br />
Prior to trial, you will need to coordinate<br />
with your teammates to find a minimally<br />
intrusive system for conveying real-time information.<br />
For example, imagine that you<br />
notice a mistake that needs prompt correction<br />
as another member of your team is<br />
making submissions to court, or you have<br />
a case or document that is helpful to the<br />
point being made. Whether it is a tug on<br />
the robe, post-its, emails, or messaging<br />
platforms, you should devise a system that<br />
will quickly get the message across with<br />
minimal disturbance.<br />
Brief the bench<br />
I credit my mentor, John Kingman Phillips,<br />
for introducing me to the concept of “bench<br />
briefs” – minimalistic memos on a discrete<br />
issue. These documents are designed to be<br />
digested in seconds and can be submitted to<br />
court in a moment’s notice. Because bench<br />
briefs lay out discrete issues in an intuitive,<br />
user-friendly way, they can be indispensable<br />
tools for counsel and court alike.<br />
No rest for the wicked<br />
It probably comes as no surprise that trials<br />
are fast-paced, labour-intensive, and highly<br />
unpredictable. There never seems to be<br />
enough time to accomplish all the tasks to<br />
the exacting standards that we set for ourselves.<br />
A few times I have had to turn in a<br />
factum, on unfamiliar topics that must be<br />
served within 24 hours.<br />
Despite all the positive developments<br />
in our industry when it comes to mental<br />
health and self-care and the best efforts<br />
of our colleagues to share our burdens,<br />
trials are still undeniably taxing. Even if<br />
you manage to find downtime, you may<br />
not be able to summon the mental or<br />
emotional energy to be a good partner,<br />
parent, child, sibling, or friend. It is important<br />
to give your loved ones a headsup<br />
prior to entering this tough period and<br />
to give yourself lots of grace for not accomplishing<br />
everything to a standard of<br />
perfection. It may be tempting to forego<br />
sleep, nutrition, and exercise in favour of<br />
short-term productivity. However, your<br />
physical health is vital to your ability to<br />
undergo a long trial. Try to find opportunities<br />
to recharge and reward yourself<br />
whenever you can.<br />
Ed: Looking for more tips on being second chair? The Advocates’ Society’s Second Chair not Second Fiddle program is<br />
available on-demand here.<br />
8 9
CASE BRIEF<br />
The Law of Trolling:<br />
Publication Bans in<br />
Regulatory Proceedings<br />
Evan Rankin, 1 Singleton Urquhart Reynolds Vogel LLP<br />
Where regulatory personnel and potential witnesses might face aggressive online trolling as a result<br />
of their involvement in an investigation, can a publication ban be obtained over their names?<br />
According to a recent decision by the Ontario Superior Court of Justice the answer is that witnesses’<br />
identities may be protected, but not those of “public officials.”<br />
Background<br />
In College of Physicians and Surgeons of Ontario v O’Connor, Ontario’s regulator of physicians<br />
sought publication bans over the name of a Medical Officer of Health (“Dr X”) who had reported<br />
concerns about another physician to the College, the names of two other physicians who had provided<br />
information to the College (the “Potential Witnesses”), as well as the names of the College’s<br />
investigators (the “Investigators”). The motion occurred in the context of several applications for<br />
statutory injunctions which were heard together.<br />
The request was prompted in part by a concern that if the names of these individuals became<br />
public, they would be subjected to intense online harassment. This concern was not baseless. The<br />
physician being investigated, Dr. Phillips, maintained a substantial Twitter following and had earlier<br />
disclosed the names of the Potential Witnesses in a tweet. Several Twitter users began tagging<br />
the Potential Witnesses in Tweets featuring statements such as “You’re complicit in Nuremberg<br />
code violations. The trials will come for you. I will make sure of it” and “Murderer.”<br />
The Decision<br />
Publication bans are only granted in Canada if: (1) court openness poses a serious risk to an important<br />
public interest; (2) the order sought is necessary to prevent this serious risk to the iden-<br />
10 11
tified interest because reasonably alternative<br />
measures will not prevent this risk; and, (3) as<br />
a matter of proportionality, the benefits of the<br />
order outweigh its negative effects. 2<br />
With respect to Dr. X and the Potential Witnesses,<br />
the College argued the important public interests<br />
at stake were (i) encouraging the reporting<br />
of misconduct, (ii) fostering witness candour,<br />
and (iii) ensuring the integrity of the College’s<br />
investigation. With respect to its Investigators,<br />
the College argued that the important public<br />
interest at stake was ensuring the efficiency of<br />
the College’s enforcement function.<br />
With respect to the Potential Witnesses, Justice<br />
Morgan accepted that there is a public interest<br />
in encouraging the identification and reporting<br />
of misconduct. He held that fostering<br />
witness candour was also an important public<br />
interest which could justify a limitation on court<br />
openness, and noted that “[p]atients and physicians<br />
alike require some assurance that they<br />
can register complaints and report to the [College]<br />
without public exposure.” 3 Of significance,<br />
Justice Morgan noted that “even the spectre<br />
of harassment” could have a chilling effect on<br />
witness candour. 4 The “spectre of harassment”<br />
language suggests that a publication ban may be available where online harassment has not yet<br />
occurred, but is reasonably anticipated.<br />
However, insofar as Dr. X and the Investigators were concerned, the examples of Twitter trolling<br />
provided by the College did not fit the bill because Dr. X and the College’s investigators were<br />
public officials who “must bear a higher level of public accountability in carrying out their duties.” 5<br />
Weighed against this interest, the trolling in evidence should be dismissed as mere name calling: 6<br />
“The social media name calling identified by the Applicant is excessive<br />
and insulting, but it is not fear-inducing. Without some perspective<br />
on such hyperbole, “the inflation of language…detracts from<br />
precise consideration of what is involved here”: […] If being called a<br />
“Nazi” on Twitter could actually paralyze regulatory officials in the<br />
course of their duties, one can only imagine what it would do to a<br />
Prime Minister or provincial Premier who are targeted non-stop. In<br />
the current social media-dominated world, all of government would<br />
have to operate in secret in order to avoid such language.”<br />
12 13
Using a publication ban to shield the identities of Dr. X and the Investigators was too great a cost to free<br />
expression because anonymizing their names prevented public scrutiny of their performance. 7<br />
Takeaways<br />
It appears that the identities of witnesses in regulatory proceedings can now be made subject to publication<br />
bans where online trolling and harassment is occurring, and perhaps even where it is just reasonably<br />
anticipated. Though the O’Connor decision appears to be the first time that an Ontario Court<br />
has found that “encouraging the reporting of misconduct” and “fostering witness candour” justified imposing<br />
a publication ban in the context of a regulatory proceeding, 8 the Divisional Court has recently<br />
accepted Justice Morgan’s approach in another case involving the College. 9<br />
On the other hand, even severe online trolling directed at regulatory participants – including accusations<br />
of Nazism – may be insufficient to warrant a publication ban if those individuals are “public officials”,<br />
a term which will need to be fleshed out in future cases.<br />
Notes<br />
1. Evan Rankin together with his colleague Peter Wardle served as counsel to the College in this case.<br />
2. Sherman Estate v Donovan, 2021 SCC 25 at para 38.<br />
3. College of Physicians and Surgeons of Ontario v O’Connor, 2022 ONSC 195 at para 59 [O’Connor].<br />
4. O’Connor at para 60.<br />
5. O’Connor at para 62.<br />
6. O’Connor at paras 71-72.<br />
7. O’Connor at para 62.<br />
8. Although the Divisional Court has previously been willing to entertain “fostering witness candour” as a “theoretical” important public interest in Turner<br />
v Death Investigation Council, 2021 ONSC 6625 (Div Ct) at para 56.<br />
9. Kilian v College of Physicians and Surgeons of Ontario, 2022 ONSC 5931 (Div Ct) at para 94.<br />
14 15
PHYSICAL HEALTH<br />
Fit to practice: Four tips for<br />
keeping in shape, even<br />
when busy<br />
Byron Taylor-Conboy, Borden Ladner Gervais LLP<br />
We get it, physical exercise is important. But finding time and energy for it<br />
can be a real challenge, especially for us young advocates. Here are four<br />
concrete steps you can take right now to become more physically active:<br />
Focus on small gains<br />
Some exercise is better than no exercise.<br />
Remember this when you’re tempted to skip<br />
the gym or that yoga class because you don’t<br />
have a full hour for it. Instead, try going to<br />
the gym for 30 minutes or going for a brisk<br />
walk around the office—you’d be surprised<br />
how beneficial that little bit of exercise can<br />
be.<br />
Early bird gets the worm<br />
Yes, it’s cold, it’s dark, the bed is warm. But<br />
for most of us the early morning is the only<br />
time when life and work won’t get in the way.<br />
If you’re serious about carving out time for<br />
taking care of your body—at least 2.5 hours<br />
of moderate-to-strenuous activity a week,<br />
say the experts—consider moving up your<br />
alarm.<br />
Develop your routine<br />
It’s one thing to get 2.5 hours of exercise<br />
one week; it’s another thing to get it week<br />
after week. What you need is a routine that<br />
aligns with your practice and lifestyle. Try<br />
experimenting to find what works best. I<br />
love running at lunch or after work, but I find<br />
it hard to do so consistently on weekdays.<br />
And while I’m not exactly thrilled about my<br />
morning routine, it works—and that’s what<br />
counts.<br />
Create microhabits<br />
According to the Harvard Business Review,<br />
one of the keys to forging a new habit is to<br />
develop “microhabits,” which are incremental<br />
adjustments that get you closer to your<br />
goals. These microhabits have worked for<br />
me:<br />
1. Setting out my running gear at bedtime<br />
the night before a morning run;<br />
2. Programming my smart speakers to command<br />
me to go to bed earlier; and<br />
3. Making friends with the regulars at the<br />
gym.<br />
Kick off <strong>2023</strong> with YOU being your priority.<br />
Share your tips for fitting fitness into your<br />
week @Advocates_Soc using #TASLawTips<br />
16 17
EVENT REPORT<br />
The Litigator’s Guide to<br />
Transfer Pricing Trials<br />
Nicole Lynx, Deloitte Legal Canada LLP<br />
On November 17, 2022, the TAS TAX Litigation<br />
Practice Group held a vibrant session<br />
devoted to the intricacies of transfer pricing<br />
litigation. “The Litigator’s Guide to Transfer<br />
Pricing Trials” featured speakers from both<br />
private practice and the bench who discussed<br />
the nuances of conducting transfer<br />
pricing trials as well as tips for effective advocacy.<br />
The session was moderated by Marie-Claude<br />
Marcil of EY Law LLP.<br />
The first portion of the session focused<br />
on top tips for litigators conducting transfer<br />
pricing trials and Osler’s Amanda Heale provided<br />
a helpful recap of the transfer pricing<br />
rules and their operation.<br />
The dispute resolution process for resolving<br />
transfer pricing matters can be confusing<br />
as there are multiple resolution options<br />
that are available which have competing<br />
timelines. A taxpayer can opt for relief under<br />
an applicable tax treaty, utilize the traditional<br />
domestic appeals and tax litigation<br />
processes or both. However, if a practitioner<br />
is not aware of how these different<br />
regimes operate, certain deadlines may be<br />
missed. Daniel Sandler of EY Law LLP delved<br />
into the different dispute resolution processes,<br />
clarifying the different options that<br />
are available to taxpayers as well as their<br />
pros and cons.<br />
Of particular interest was a group discussion<br />
on timely issues such as litigation<br />
of hybrid debt matters, the benefits of case<br />
management and whether there should be<br />
mandatory mediation in transfer pricing appeals.<br />
Expert witnesses often play a significant<br />
role in transfer pricing litigation. When<br />
choosing an expert witness, it is particularly<br />
important to properly vet potential candidates<br />
in order to ensure that they have<br />
relevant credentials and experience, strong<br />
communication skills and an appropriate<br />
demeanor.<br />
BLG’s Laurie Goldbach engaged in a lively<br />
discussion with the Honourable former<br />
Justice D’auray regarding the role of expert<br />
witnesses in consideration of the Tax Court<br />
Rules, and in practice, as well as the effectiveness<br />
of expert witnesses in the context<br />
of transfer pricing appeals. Of note was the<br />
commentary regarding best practices for<br />
managing expert witnesses and the degree<br />
of assistance that counsel can provide in<br />
drafting expert reports and witness preparation.<br />
The second portion of the session featured<br />
another special guest, the Honorable<br />
Justice Boyle. During a convivial fireside<br />
chat with Olivier Fournier of Deloitte Legal<br />
LLP, J. Boyle provided his thoughts on topics<br />
such as the role of counsel in designing<br />
questions to ask experts, the use of expert<br />
evidence to encourage out of court resolution<br />
and principled bases for settlement in<br />
transfer pricing cases.<br />
Get Involved!<br />
Interested in getting more involved with TAS?<br />
Applications are now being accepted for<br />
our Young Advocates’ Standing Committee<br />
(YASC).<br />
The Young Advocates’ Standing Committee<br />
seeks engaged, hard-working volunteers to<br />
promote the interests of young advocates<br />
(within their first ten years of practice) by<br />
planning and implementing mentoring/<br />
networking programs, administering YASC’s<br />
publication (<strong>Keeping</strong> <strong>Tabs</strong>) and participating<br />
in the work of The Advocates’ Society.<br />
The Society welcomes applications to YASC<br />
from Society members who are in their first<br />
ten years of practice. Successful applicants<br />
will serve a two-year term starting June <strong>2023</strong>.<br />
Parental leave will be accommodated.<br />
Deadline to apply: March 3, <strong>2023</strong>.<br />
APPLY FOR YASC <strong>2023</strong>/24 TERM<br />
CLICK HERE<br />
Questions? Please contact Chris Hunter at<br />
ckhunter@torys.com<br />
18 19
INTERVIEW<br />
Sarah Strathopolous, Recipient<br />
of the Patrick D. Schmidt<br />
Future of Family Law Award<br />
Q. How did your practice in family law begin, and how has it evolved?<br />
A. I began my family law practice in a boutique family law firm that focused on intense litigation. I was<br />
immersed in my practice, working very long hours. The experience I gained was immeasurable. As<br />
my practice has evolved, I am also now able to act as a parenting coordinator, mediator, or arbitrator<br />
to help families resolve disputes in a cost-effective and thoughtful way. This has provided a nice balance<br />
with the continued litigation side of my practice.<br />
Compiled by Aly Haji, Lax O’Sullivan Lisus Gottlieb LLP<br />
20<br />
Sarah Strathopolous is a Partner at Epstein Cole LLP, where she practises in all areas of family law. Sarah<br />
was the inaugural recipient of The Advocates’ Society’s Patrick D. Schmidt Future of Family Law Award<br />
in 2022. This award honours the legacy of Patrick D. Schmidt and promotes excellence in the profession<br />
by supporting junior lawyers in their first ten years of practice who have chosen to dedicate their practice<br />
to family law, and have demonstrated excellence advocacy, civility and giving back to the profession<br />
through teaching and/or mentoring.<br />
Q. What drew you to family law?<br />
A. As cliché as it sounds, like many young lawyers coming out of law school, I was drawn to family law as<br />
a way of making an observable impact in clients’ lives. And, frankly, family law files are just so interesting.<br />
Every case is different. Every day is different.<br />
Q. As a family lawyer, what challenges do you face in your practice and how do you manage them?<br />
A. Three main challenges come to mind: For me, perhaps the most challenging aspect of practicing<br />
family law has been working on files where I represent the spouse that is acting badly. However,<br />
I have come to realize that, in these cases, I can make just as much of a positive impact –<br />
and perhaps more – by working with my client to minimize, or even prevent, this type of conduct<br />
from continuing.<br />
Second, family law is one of the areas of law most impacted by emotions. I have found that<br />
keeping advocacy focused on long-term goals, not getting bogged down with irrelevant drama or<br />
positioning, and carefully crafting arguments in a way that does not immediately set off defensive-<br />
21
ness from the opposing side, greatly help to de-escalate the emotion.<br />
Finally, family law files are not just about one incident or one transaction: they involve all aspects<br />
of a family’s life and are ever-evolving as children age, market conditions vary, etc. This<br />
makes family law interesting, but it also requires an immense amount of organization and planning<br />
to ensure that advocacy strategies are constantly being reassessed and updated.<br />
Q. What can young advocates do to help improve access to justice?<br />
A. I believe it is important for young advocates to devote even a small amount of their time towards<br />
access to justice initiatives – whether that is pro bono work, or “low-bono” work, volunteering at legal<br />
clinics, etc. I, myself, volunteer with the Family Justice Center and Luke’s Place, and that experience<br />
has highlighted how much of a need there is for these programs. Even a few hours a month can have<br />
a profound impact.<br />
Q. What role has mentorship played in your career?<br />
A. I have been incredibly fortunate to have worked under, and been mentored by, some of the<br />
best practitioners in this area, who were willing to devote the time to helping me grow professionally<br />
and personally including Alfred Mamo, Harold Niman, Philip Epstein, Ken Cole and many<br />
others. I have also found mentorship through opposing counsel on certain files. Patrick Schmidt<br />
was one of these mentors and I had the great fortune of being challenged by him and being able<br />
to learn from him on files. I am extremely humbled to be the inaugural recipient of the “Patrick D.<br />
Schmidt Future of Family Law Award” and I view it as a responsibility to practice law in a manner<br />
that carry on even a small part of the tremendous contributions Pat made to our profession.<br />
Q. What advocacy tips do you have for young advocates?<br />
A. The difference between a good lawyer and a great lawyer is preparation and practice. Hard<br />
work pays off, and your knowledge will be your greatest source of confidence and persuasion.<br />
You need to be confident in your advocacy before you can gain other people’s confidence in you.<br />
Q. What do you feel are the most important traits of a good mentor to a young advocate?<br />
A. I think there are two important traits: First, mentors should go beyond helping their mentees succeed.<br />
They should also encourage their mentees to pay it forward by helping to develop the next generation<br />
of young advocates to ensure the profession continues to flourish long-term.<br />
Second, experience and knowledge of not only substantive law, but also legal processes and advocacy<br />
techniques. This is important because practicing law requires not just ability to quickly assess<br />
challenges and to develop and adapt strategies to address them.<br />
Q. What have been some memorable high and low points of your career? What learnings<br />
did you take from these experiences and how have they led you to this milestone?<br />
A. My most memorable high point was reading the decision following my first contested motion, where<br />
a controlling husband was attempting to use the justice system to continue his control. The decision<br />
had a profound impact on the wife and the children and was my first experience with how rewarding<br />
this job can be.<br />
The most memorable low point happened early in my practice. I returned from my honeymoon to an<br />
arbitration that was not properly prepared. The stress of feeling unprepared was significant, as was the<br />
intensity of preparing an entire arbitration in a short time period. This experience, however, made me<br />
acutely aware of the need to be prepared; to prepare early and to prepare more than might be necessary.<br />
This is a lesson I have not forgotten and has served me well.<br />
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