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Advocacy-Matters-Summer-2023

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ADVOCACY MATTERS<br />

The Advocates’ Society<br />

SUMMER <strong>2023</strong>


CONTENTS<br />

04<br />

Chair Chat<br />

Steven Frankel (he/him), Davies Ward Phillips & Vineberg LLP<br />

08<br />

Word to the Wise: How to Set and Respect<br />

Boundaries for Vacation Time<br />

Megan Keenberg (she/her), Keenberg & Co<br />

16 Interview with Dominique T. Hussey,<br />

Bennett Jones LLP<br />

Compiled by Joe Thorne (he/him), Stewart McKelvey<br />

Editor: Megan Keenberg, Keenberg & Co<br />

Deputy Editor: Joe Thorne, Stewart McKelvey<br />

The opinions expressed by individual authors are their own and do not necessarily reflect the policies of The Advocates’ Society.<br />

<strong>Advocacy</strong> <strong>Matters</strong> Editorial Team: Megan Keenberg (she/her), Keenberg & Co, and Joe Thorne (he/him), Stewart McKelvey<br />

2 3


CHAIR CHAT<br />

Chair Chat<br />

Steven Frankel (he/him), Davies Ward Phillips &<br />

Vineberg LLP<br />

I am delighted to take the reins as Chair<br />

of the newly-minted Mid-career Advocates<br />

Standing Committee (MASC). We still represent<br />

advocates who have 10 to 20 years of<br />

experience, but decided a re-branding was<br />

in order. As fond as we all were of the name<br />

“10+”, MASC just has a better ring to it.<br />

I could not be more excited about this<br />

Committee and what this term has in store<br />

for mid-career advocates. I am joined on the<br />

Executive by three amazing colleagues at<br />

the bar: Sonu Dhanju-Dhillon, Melanie Baird<br />

and Chris Lee. More generally, this Committee<br />

is stronger and more diverse than ever,<br />

with representation from British Columbia,<br />

Alberta, Quebec, Atlantic Canada and, of<br />

course, Ontario. Our Committee members<br />

have expertise across just about every type<br />

of law you can practise: criminal, Aboriginal<br />

and Indigenous, family, intellectual property—you<br />

name it. We look forward to bringing<br />

our experience and energy to bear in<br />

helping The Advocates’ Society carry out its<br />

mandate.<br />

The headline event of this term is Winter<br />

Summit: The Big Chill Ottawa, the inaugural<br />

retreat exclusively for members of TAS<br />

who are 10 to 20 years out from their call to<br />

the bar. We will be gathering together, with<br />

old friends and new, on February 1, 2 and<br />

3, 2024. Notwithstanding the irony of paying<br />

homage to a movie that was released when<br />

many lawyers in our age range were not even<br />

born (myself included!), this event is a cannot-miss.<br />

We have been trying to organize a<br />

retreat for mid-career advocates for years,<br />

and now we are finally doing it. Our terrific<br />

co-chairs—Jennifer Hunter, Brian Duong,<br />

Erin Durant and David Thompson—have<br />

been working away to make this the most<br />

fun and engaging experience it can be, with<br />

enriching programming and tons of opportunities<br />

to network. I encourage everyone<br />

to register and join us. We hope and expect<br />

that Winter Summit will become a biennial<br />

mainstay on TAS’s calendar.<br />

Although planning Winter Summit will occupy<br />

a considerable amount of our time and<br />

attention, we have a busy calendar throughout<br />

the entire term. We will be hosting<br />

three mentoring-related events (two with<br />

our friends at the Young Advocates Standing<br />

Committee); two events that will focus<br />

on critically important issues pertaining to<br />

equity, diversity and inclusion in the profession<br />

and how they affect advocates of our<br />

vintage; and an event for women litigators.<br />

In addition, we will be hosting a purely social<br />

event at a venue to be determined; after<br />

all, fostering collegiality among advocates<br />

is an important part of what we do. We will<br />

have more information about these events<br />

in the coming weeks and months. We hope<br />

to see as many people at our events, both<br />

in-person in Toronto and, for those events<br />

being held online, virtually.<br />

In the meantime, please enjoy this issue of<br />

<strong>Advocacy</strong> <strong>Matters</strong>. This is Megan Keenberg’s<br />

first issue as Editor-in-Chief and it is a great<br />

one. It features an interview with the new<br />

President of TAS, Dominique Hussey. Dominique<br />

is a force of nature and has big ideas<br />

for how to drive the Society forward. She is<br />

somehow managing to balance her leadership<br />

of TAS with a busy intellectual property<br />

litigation practice and her responsibilities as<br />

Managing Partner of the Toronto office of<br />

Bennett Jones. Megan has, in addition to editing<br />

the issue, contributed a column on an<br />

important topic: how to carve out time for<br />

ourselves and set appropriate boundaries<br />

for vacations. Speaking of quasi-vacations,<br />

the <strong>Advocacy</strong> <strong>Matters</strong> team has collected<br />

photos of the “summer offices” of a number<br />

of advocates. We hope you use them as inspiration.<br />

Finally, the summer issue would<br />

not be complete without photographs from<br />

End of Term Dinner, which was held on<br />

June 22, <strong>2023</strong>.<br />

I hope everyone enjoys some well-deserved<br />

time off. We will see you soon enough:<br />

our first event of the term will be in October.<br />

4 5


WHAT’S COMING UP @ TAS<br />

(Click on the program to learn more)<br />

SEP 14<br />

This Is How We Do It:<br />

Lessons from the Senior<br />

Family Law Bar<br />

(TORONTO, ON)<br />

SEP 22<br />

Pozner on Cross-Examination:<br />

Advanced<br />

Techniques<br />

(TORONTO, ON)<br />

SEP 26 - 27<br />

Summary Judgment<br />

Motions<br />

(VIA ZOOM)<br />

NEW TAS<br />

SEP 28<br />

13th Annual Securities<br />

Symposium<br />

(TORONTO, ON)<br />

SEP 28<br />

5e Gala Annuel de La<br />

Société des plaideurs<br />

(MONTRÉAL,QC)<br />

OCT 4<br />

Calgary Bench and Bar<br />

Reception<br />

(CALGARY, AB)<br />

MENTORING<br />

PORTAL<br />

Did you know The Advocates’ Society has a new<br />

online mentoring program exclusively for TAS members?<br />

OCT 05<br />

Equity, Diversity<br />

and Inclusion<br />

(VIA ZOOM)<br />

OCT 11<br />

Examinations for<br />

Discovery:<br />

Building Block One<br />

(VIA ZOOM)<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 />

OCT 12<br />

L’interrogatoire<br />

et le contre-interrogatoire<br />

des<br />

experts<br />

OCT 13<br />

Advanced Negotiation<br />

Strategies for<br />

Lawyers with<br />

Marty Latz<br />

CINQ AD<br />

dd<br />

OCT 26<br />

SAVE THE DATE<br />

Cinq à Sept<br />

(TORONTO, ON)<br />

Just simple connection and conversation for junior lawyers to get some tips and connect with<br />

someone new.<br />

More information is available on the<br />

TAS mentoring website page.<br />

TAS Junior Members are automatically signed<br />

up. Click here to set up your profile today!<br />

6 (QUÉBEC, QC) (TORONTO, ON)<br />

7<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>.


“Don’t book a flight for the<br />

evening that your trial ends.”<br />

MENTORING<br />

Word to the Wise: How to<br />

Set and Respect Boundaries<br />

for Vacation Time<br />

Megan Keenberg (she/her), Keenberg & Co<br />

Rest is not the reward for hard work – it’s an integral part of hard work. We need to rest and reset<br />

regularly in this marathon profession so that we don’t burn out. We know this. Yet so many<br />

of us rob ourselves of much-needed rest and relaxation in service to our clients’ never-ending<br />

legal problems. When faced with the choice between taking vacation (and actually enjoying the<br />

time spent on vacation) or taking care of your client’s urgent issue, your service mindset and<br />

professional obligations may force you to prioritize your client and not yourself. For that reason,<br />

we need to set ourselves up for vacation success with some advance planning and boundary<br />

setting.<br />

First, let’s get real about boundaries. Boundaries<br />

are rules we place on ourselves about<br />

how we choose to react in particular situations.<br />

Contrary to what Jonah Hill might think,<br />

boundaries are not rules we impose on others<br />

and get to enforce against them. We don’t get<br />

to dictate others’ actions, only our own reactions.<br />

So, let’s assume you’ve set the intention:<br />

you’ve booked two weeks off this summer,<br />

and you want to actually unplug from work<br />

while away. For those blessed with a manageable<br />

practice, collaborative and well-informed<br />

teams, and clients who have the patience of<br />

Job, it might be enough to simply leave the laptop<br />

at home and turn on the out-of-office message.<br />

For the rest of us mere mortals running<br />

around with our hair on fire, this is going to<br />

take some extra planning and communication.<br />

Here are my top tips for setting yourself up for<br />

success with true holiday time:<br />

1<br />

Plan your holiday in advance and book it in<br />

a shared calendar with other members of<br />

your team. Don’t overlap with time previously<br />

booked off by other team members, especially<br />

not with your assistant.<br />

8 9


2<br />

Once booked, actively avoid scheduling conflicts<br />

- and hold firm. If your presence is not<br />

absolutely required at a meeting scheduled<br />

during your vacation, don’t offer or acquiesce<br />

to joining by Zoom. If your presence is absolutely<br />

necessary, then reschedule the meeting<br />

for before you leave or after you return.<br />

3Tell your partners, associates and assistants<br />

about your travel plans and talk about what<br />

might come up on your files during your time<br />

away. Assign someone to be responsible for<br />

each matter in your absence if something<br />

needs urgent attention. Draft a quick memo<br />

to file to permit the assigned lawyer to come<br />

up to speed quickly and effectively if needed.<br />

5<br />

Schedule buffer time before you leave to tie<br />

up loose ends. Don’t book a flight for the<br />

evening that your trial ends.<br />

8<br />

7Define in advance what constitutes a true legal<br />

emergency sufficient to trump your boundary.<br />

If you set the criteria in advance, it will be<br />

easier to resist jumping in on someone else’s<br />

idea of urgency.<br />

If the anxiety of not knowing what work<br />

emails await your return outweighs the joy<br />

of fully unplugging, then set aside a particular<br />

time of day to check your work inbox and flag,<br />

forward, delete or respond to your heart’s<br />

content for a half hour. Early mornings or just<br />

before dinner work best for me. Then, leave<br />

your phone in the hotel room and gallivant.<br />

4Tell your clients about your travel plans in<br />

advance. Proactively send them an update on<br />

their matter and answer their questions<br />

before you go. Provide them with the contact<br />

information for the lawyer assigned to their<br />

matter. Let them know your return date.<br />

6Set your out-of-office message in a way that<br />

manages expectations. Don’t say you will be<br />

checking email intermittently but may be delayed<br />

in your usual response time. Say you will<br />

be away, and you will respond on your return<br />

date. Don’t invite email senders to call your<br />

mobile if they have an urgent issue. Instead,<br />

direct them to contact your assistant who<br />

will be able to connect them to the assigned<br />

lawyer taking responsibility for that matter in<br />

your absence.<br />

9<br />

Schedule even more buffer time on your return<br />

to tackle your inbox and deal with any<br />

urgent matters requiring your attention. Do<br />

not plan a return flight for the night before<br />

a trial. Pro tip: schedule your return flight for<br />

Saturday, so you have Sunday at home to get<br />

over jet lag and do laundry before jumping<br />

back into your busy practice.<br />

Notice what’s missing from this list:<br />

no dictates or admonitions to others<br />

about when they can and cannot<br />

message you; no apologies for<br />

taking time away; no explanations<br />

about why you really need to unplug.<br />

This is all about you and your<br />

decisions, planning, actions and reactions<br />

and not about anyone else<br />

(take note, Jonah!).<br />

10 11


Check out our #My<strong>Summer</strong>Office<br />

photo features!<br />

Lionel J. Tupman<br />

Tamara Ramsey<br />

Megan Keenberg<br />

Picture yourself here...<br />

Fall Convention <strong>2023</strong><br />

The Four Seasons, Punta Mita<br />

November 1/2 - 5, <strong>2023</strong><br />

Premier Sponsors:<br />

Technology Sponsor:<br />

Omar Ha-Redeye<br />

12 13


Our national conference for mid-career advocates is finally here! Join<br />

us in Ottawa for extraordinary collegiality and learning. Spaces are<br />

limited! Book today!<br />

February 1 - 3, 2024<br />

Fairmont Château Laurier<br />

14 15


INTERVIEW<br />

Interview with Dominique T.<br />

Hussey, Bennett Jones LLP<br />

Compiled by Joe Thorne (he/him), Stewart McKelvey<br />

Dominique Hussey is the 57th President of The Advocates’ Society, and is Vice Chair & Toronto Managing<br />

Partner at Bennett Jones LLP. In addition to her management role, Dominique leads the firm’s Intellectual<br />

Property Litigation group and is co-head of its Innovation, Technology and Branding group, where<br />

she actively represents and advises clients. <strong>Advocacy</strong> <strong>Matters</strong> is honoured to sit down with our new<br />

President.<br />

Q. What is your vision for your term as President? What are your priorities?<br />

A. My vision for my term as President is reflected in my chosen theme for the year: All Rise—Focusing<br />

on the Future.<br />

I have always liked the optimism of the phrase “All rise”; in the legal context it means more to me<br />

than a courtroom command and show of respect. I see the phrase “all rise” as reflecting a certainty, as<br />

our youngest members of the Bar will inevitably ascend to become the leaders of our profession. It is<br />

a call to action for our national and collegial community of advocates to get involved in mentoring and<br />

training, which is a professional obligation and its own reward. It is an aspiration that the Canadian<br />

justice system will thrive and all of our members, across the country, in all their diversity, will flourish<br />

in their calling as advocates.<br />

The focus on the future is intended to imply a number of things. Of course, it means a focus on our<br />

younger advocates—those in the Young Advocates’ Standing Committee (YASC) and Mid-Career Advocates’<br />

Standing Committee (MASC) demographics. These are our future leaders. It is a priority of The<br />

Advocates’ Society to ensure that these demographics, in particular, benefit from, and contribute to,<br />

strong training, meaningful mentorship, and the powerful network that comes from a collegial and<br />

committed bar.<br />

A focus on the future also implies a focus on diversity. Our profession is increasingly diverse in all<br />

ways—background, identity, points of view, areas of practice, and lived experience. The Society is inclusive<br />

and needs to be seen that way. Equity, Diversity and Inclusion efforts will continue to be integral to<br />

the work of the Society, and increasingly reflected in our offerings and initiatives.<br />

A focus on the future also means addressing advocacy issues presented by technology, which evolves<br />

too quickly for us simply to be reactive. To remain relevant, to serve our clients, and to function in our<br />

courts, advocates need to be technologically competent and a little bit prescient. Artificial Intelligence<br />

in practice will likely be the hottest topic of the year, and we will welcome the opportunity to<br />

collaborate<br />

16 17


with relevant stakeholders, including the courts, professional regulators, and the public, to grapple with<br />

the issues it presents. We will need to consider and contain the risks, but should not lose the opportunity<br />

to benefit from the efficiencies in practice and in the administration of the court system that AI could<br />

offer. Our policy work and educational programs will be infused with technology issues.<br />

Finally, a focus on the future means paving a path for a properly-functioning justice system. Through<br />

our policy work, the Society will continue to work on access to justice issues and on improving the system<br />

for future advocates’ and litigants. One priority will be to work on the pervasive issue of civil delay<br />

following our call to governments, the courts, the bar, and all stakeholders in the justice system to take<br />

immediate and concerted action to solve the problem of delay in the civil and family justice system<br />

(“Delay No Longer. The Time to Act Is Now”).<br />

Q. What role do you see MASC members playing in the work of the society?<br />

A. MASC members play a crucial role in the Society’s work. This year, MASC will be developing and<br />

launching an important new education and collegiality event for the MASC demographic—Winter Summit:<br />

The Big Chill Ottawa. MASC members will, as usual, be serving on several of the Society’s working<br />

committees, where you have made some of the most meaningful contributions to our policy work, to<br />

expanding our membership, and to our education programs. MASC members are really on the front<br />

line in many ways. You provide critical skills and knowledge. You have expertise in and a facility with<br />

technology used in litigation that some of our more senior demographics may not. You have had<br />

greater exposure to and developed greater expertise in issues of EDI. You are hitting your stride in<br />

practice and first-chairing litigation. You are transitioning into senior members of the profession and<br />

building profile. You are stepping into leadership roles. Many of you have started your own firms. You<br />

are developing business. Many of you have family obligations—children or aging parents or both. It is<br />

the most demanding time of your career, and the MASC perspectives and voices are essential for the<br />

Society to have a clear view of current issues and needs, and the future of the profession.<br />

am incredibly proud to be associated with this organization.<br />

For its members, I would like the Society, with its focus on best-in-class advocacy skills training,<br />

policy work, and opportunities for collegiality, to be an essential part of every Canadian advocate’s<br />

professional trajectory. For the profession in general, I would like for the Society to maintain a stellar<br />

reputation for excellence in each of these areas and to serve as the respected voice of advocates in<br />

Canada on important issues affecting our justice system.<br />

Q. What are your thoughts on the future of the profession?<br />

A. I see a snapshot of our future in our MASC and YASC membership, so I am very optimistic! But we<br />

cannot take what we have for granted. The profession will need to remain committed to continuously<br />

improving our justice system, defending judicial independence, upholding the rule of law, and respecting<br />

and protecting our rights and freedoms. If we can deliver on that commitment, the future will be<br />

bright. I also see evolving technology, deployed thoughtfully and appropriately, as an aid and not a<br />

threat to advocates.Technology will not replace effective oral advocacy, persuasiveness, judgment, ethics,<br />

or human connection.<br />

Q. What does the advocates society mean to you? What do you want it to mean for TAS<br />

members and the profession generally?<br />

A. When I first joined, the Society was instrumental in connecting me to a community of litigators outside<br />

of my firm, as I was practising in New York during the years in which people tend to develop their<br />

local networks. I found opportunities through teaching litigation skills and participating in education<br />

programs.<br />

My involvement has steadily increased over my 17 years of membership, so I now have a far better<br />

understanding of everything the Society does. It was not initially clear to me that I was the type of member<br />

the Society had in mind. I now know that the Society is for all advocates, at every career stage, who<br />

are committed to the practice, focused on achieving excellence in advocacy, interested in protecting<br />

and improving our justice system, and who want to be part of an inclusive and collegial community. I<br />

18 19


END OF TERM DINNER<br />

JUNE 22 ND , <strong>2023</strong> | Fairmont Royal York, 100 Front St W, Toronto<br />

20 21


END OF TERM DINNER<br />

JUNE 22 ND , <strong>2023</strong> | Fairmont Royal York, 100 Front St W, Toronto<br />

22 23


END OF TERM DINNER<br />

JUNE 22 ND , <strong>2023</strong> | Fairmont Royal York, 100 Front St W, Toronto<br />

24 25


26<br />

www.advocates.ca

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