Advocacy-Matters-Fall-2024

ADVOCACY MATTERS
The Advocates’ Society
FALL 2024

CHOOSE FROM CANADA’S TOP
MEDIATORS AND ARBITRATORS
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Adam has expertise in disputes
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CONTENTS
04
06
08
10
15
18
20
23
26
Chair Chat
Sumeet (Sonu) Dhanju-Dhillon, Torkin Manes
In this Issue
Megan Keenberg, Keenberg & Co
Dealing with Difficult Counsel
David Thompson, Carroll Heyd Chown LLP
Word to the Wise: Be a Connector
Laura Bevan, Lawson Lundell LLP
Advocating with Integrity: Why Ethical
Conversations Matter in Legal Practice
Jennifer M. Bolduc, Giffen Lawyers
Happy Lawyer Project: Rethinking Self-Care
Lisa Marie Buccella, Aviva Trial Lawyers
Missed Opportunity: Effective Offboarding
Practices in Law Firms
Wade Poziomka, Ross McBride LLP
Tips for Litigators Navigating Client Billings
Kristen Duerhammer, KPMG Law LLP
Interview with Incoming TAS
President, Darryl Cruz
Joe Thorne, Stewart McKelvey
Have an idea for an article?
Click here to submit your article to the Advocacy Matters team!
3

Tricks of the Trade 2025
A 30+ Year Tradition for Leaders of the Personal Injury Bar
January 31, 2025 | 9:30 am to 4:30 pm (ET) | Live at Arcadian Court in Toronto
For over three decades, Tricks of the Trade has been the leading annual conference for the Ontario personal injury bar,
addressing current challenges for both plaintiff and defence counsel. Esteemed faculty will provide key updates on recent
decisions, timely advocacy tips, and the latest guidance on practice and procedure for personal injury litigators.
Keynote Speaker
The Hon. Justice Darla A. Wilson, Court of Appeal for Ontario
Justice Wilson practiced civil litigation in Ontario for over twenty years, including
medical malpractice work, general insurance defence work, and representing
plaintiffs in personal injury claims. She was appointed to the Superior Court of
Justice in Toronto in December 2007, where she served until her recent appointment
to the Court of Appeal for Ontario in May 2024.
Tort Law Update
A roundup of key tort decisions from the past year
that personal injury lawyers need to know.
Speaker: Maya Kanani, Aviva Trial Lawyers
Accident Benefits Update
A review of the top Accident Benefits updates and
decisions from the past year.
Speaker: Suzanne Clarke,
Zarek Taylor Grossman Hanrahan LLP
AI and Legal Tech Update
See practical live demos of how you can leverage
new tech to be more efficient and effective.
Speakers: Kanon Clifford, Bergeron Clifford LLP
Andrew Murray, Lerners LLP
Demonstration and Commentary:
Handling Hearsay in
Personal Injury Matters
Faculty break down how to handle common evidentiary
issues through live demonstrations and discussion.
Speakers: The Hon. Justice Kathleen E. Cullin,
Superior Court of Justice, Barry Cox, Boghosian Allen LLP,
Barbara Legate, Legate Injury Lawyers
Expert Evidence Update
The latest guidance on case law and trends in the
wake of recent changes to the Rules.
Speaker: Daniela M. Pacheco, Neinstein LLP
For up to date topics and agenda visit
www.advocates.ca

CHAIR CHAT
Chair Chat
Sumeet (Sonu) Dhanju-Dhillon,
Torkin Manes
I am thrilled to step into the role of Chair for
the Mid-Career Advocates Standing Committee
(MASC). Rebranded from 10+ to MASC in 2023,
the new handle has been well-received, requiring
less explanation about what the committee
is and the demographic we serve.
Coming off the heels of an extremely successful
year, we are looking forward to another
term of excellent programming. I am fortunate
to have a wonderful executive (Melanie Baird,
Chris Lee, and Jennifer Hunter) to support me in
leading the committee’s planning and preparation
for all of the valuable programming we have
planned to further the Society’s strategic priorities
to grow our membership, reinforce the value
of membership, and strengthen our impact
across Canada. To that end, MASC continues to
enhance its national representation with members
in Ontario, Quebec, Alberta, British Columbia,
and the Atlantic Provinces. In particular,
MASC has expanded its representation in both
Quebec and British Columbia. These committee
members bring a wide range of expertise to the
table, covering careers in commercial, public,
criminal, estates, family, government, health,
intellectual property, indigenous, and tax law.
MASC will continue to support the Society’s
work on important issues affecting litigators
across the nation. As chair, one of my top priorities
is to see what role the MASC cohort can
play in addressing the court system delays that
are undermining access to justice—a major
concern for all litigators.
Finally, a very special thank you to our outgoing
chair, Steve Frankel, for his dedication to MASC
over the years. It was under Steve’s leadership
that MASC held its inaugural (and very successful)
Winter Summit retreat, the Big Chill Ottawa.
We look forward to a year full of initiatives
that strengthen our community and bring value
to our members.
I hope you enjoy this issue of Advocacy Matters.
5

FROM THE EDITOR
In This
Issue
Megan Keenberg,
Keenberg & Co
Welcome to the Fall 2024 Issue of Advocacy Matters!
This issue includes Deputy Editor Joe Thorne’s
interview with incoming TAS President Darryl
Cruz, who offers an inspirational message about
the future of advocacy in Canada.
Incoming MASC Chair Sonu Dhanju-Dhillon
outlines the broader goals of MASC and the initiatives
we will be undertaking this year.
Lisa Marie Buccella continues her well-received
column, the Happy Lawyer Project, focusing on
what self-care really means (and what it does
not mean).
I’ve invited guest authors to continue my Word
to the Wise mentoring column so that we may
benefit from a wider variety of voices on what
it means to be an effective mentor. First up is
Laura Bevan who discusses the importance of
being a good connector as a mentor.
David Thompson offers guidance on dealing
with difficult counsel.
Kristen Duerhammer sets out her top tips for the
effective management of billings and collections.
Wade Poziomka offers a modern perspective
on effective offboarding practices.
Jennifer Bolduc embarks on a series that provides
guidance to advocates dealing with ethical
quandaries, providing tips on how to identify
and address ethical issues.
In future issues, I will debut a new column called
Govern Yourself Accordingly!, offering pithy comebacks
to civility fails. If you’ve got a good war story
or an excellent comeback, send it my way!
Happy reading from the Editorial Board of
Advocacy Matters,
Megan Keenberg, Editor-in-Chief
Joe Thorne, Deputy Editor
Laura Bevan,
Jennifer Bolduc,
Lisa Marie Buccella,
Kristen Duerhammer,
Omolara Oladipo,
Wade Poziomka and David Thompson.
6

Relax and recharge at Toronto’s prestigious members club, just steps from the Court of Appeal
www.universitycluboftoronto.com

ADVOCACY
Dealing with
Difficult Counsel
David Thompson,
Carroll Heyd Chown LLP
I live in a smaller city, which means I often deal with the same local counsel. When I moved here
from Toronto in my first year of practice, I was amazed at how opposing counsel could have it
out during discoveries or a motion and then take a break and have lunch together. It felt like
the Looney Tunes sheepdog and coyote punching out their timecards. I quickly learned that it
is possible for counsel to have vigorous debate on the merits without having any personal animosity
towards the other.
8

Section 7.2 of the LSO’s Rules of Professional
Conduct contains several “shalls” and “shallnots”
for dealing with other counsel. The commentary
to s. 7.2-1 speaks to why it is so important
to follow these, including not allowing
one’s “judgment to be clouded by emotional
factors” that “hinder the proper resolution of
the matter.”
In my experience, most opposing counsel
are courteous and act in good faith most of
the time. In a recent orientation session I
attended, TAS President Darryl Cruz spoke
about the value of focusing on the positive
aspects of our profession as opposed to the
negative. This prompted me to reflect on how
we might spend a disproportionate amount
of energy complaining about counsel who
are abusive or who engage in sharp practice,
which can result in the impression that this
type of behaviour is more prevalent than it really
is. I agree with our President. We can bet-
ter strengthen the positive norms by focusing
more on them.
That said, from time to time we likely all find
ourselves as the recipients of bad behaviour
from other counsel. I am pretty good at staying
out of the mud in these situations, but I have
reflected on how I can do better. I recently attended
a multi-party examination for discovery,
in which one counsel made numerous personal
attacks on other counsel, made improper refusals,
and was generally aggressive. I was not the
lead, so I was able to observe how two senior
counsel responded. They didn’t. They stayed
calm, asked their questions, and kept moving
forward. I realized I probably would have
pushed back more and called out counsel for
being obstructive, which may have escalated
the situation. It would have added no value, because
the record would speak for itself.
This experience helped me realize that I can
work on becoming less reactive. I have since
tried to be more conscientious about picking
my battles. I think there is sometimes a fear of
being perceived as weak if you don’t push back
when attacked. I have had a couple recent instances
where I felt that counsel was attacking
my motives. I did push back, but not on the personal
attacks. I ignored those, redirecting the
conversation to the flaws in their legal position.
This felt empowering and allowed us to stay focused
on the merits.
One of the most helpful pieces of advice I ever
received was this: always assume that whatever
you write will be read by a judge someday. I
sometimes get my frustration out by writing the
blunt e-mail I really want to send, but then I wait
to send it, usually heavily edited. I will sometimes
read the draft e-mail aloud to my clerk or
assistant to get feedback.
No matter how good you are at staying out of
the mud, may I suggest that no one is perfect.
From experience, self-reflection in this area is
worthwhile and can likely help all of us do better
at strengthening the courtesy and good faith
in our profession.
9

WORD TO THE WISE
Word to the Wise:
Be a Connector
Laura Bevan, Lawson Lundell LLP
Mentorship can sometimes feel like a daunting
task. Carrying the weight of your own unresolved
questions can make it feel impossible
to offer your best advice to your mentee
when they come calling. You don’t have all
the answers to your own pressing questions,
so how can you offer advice and solutions to
your mentee?
Good news: sometimes, that’s not your job.
Sometimes, the most useful help you can do is
to open up your contacts list and find someone
else who can provide the answers.
One of the most important aspects of mentoring
is leveraging your connections for your mentee.
Connecting your mentee with others helps
them build their own professional network with
other lawyers and professionals, develop client
relationships, and build a practice.
By the time you reach the mid-career zone,
whether you know it or not, you are in the middle
of a vast network of diverse and helpful people:
your school colleagues, fellow members of
professional organizations, members of your
own firms, professionals in other fields, opposing
counsel, and (sometimes most importantly)
clients. If you aren’t best positioned to provide
mentorship on a particular issue, someone in
your network will be. Effective mentorship involves
thinking about ways you can expand
your mentee’s access to this network.
I articled with one of the best connectors I
have ever met. He listened carefully to the
question or issue someone else was wrestling
with – whether it was a knowledge gap, a business
development goal, or a job search - and
thought about who he knew in his personal or
professional network with the skill set, experience
and availability to help find an answer. My
top tips for being a good connector come from
watching him practice this over and over:
10

Consider whether
offering a
connection is
appropriate.
This involves really listening to your mentee to
identify the issue. Does your mentee have a question
that relates to a specific practice or area of expertise?
Do they need help with client development? Is this
a professional development issue that needs a
different perspective? Do they need to find an expert
for a file? Are they just venting? Your mentee may not
really know themselves – asking questions can help
both of you refine the issue and narrow the pool of
potential contacts.
Always ask your
mentee first if you
can connect them
with someone else.
As Megan Keenberg has written about in this
column before, the key to effective mentorship is
good communication. Before offering to make a
connection, ask your mentee if they would find it
helpful if you connected them with this specific person,
and offer your view on why that person might be a
good connection for your mentee. Your mentee might
enthusiastically agree, but they might also decline the
connection, for any number of reasons. It’s best not
to discover a negative reaction after you’ve already
made an introduction.
11

Reach out to
your contact
privately first.
This is a great opportunity to reinforce and
enrich your own relationship with your contact,
particularly if it’s been a while since you’ve last
connected. But don’t put your contact on the spot
by copying your mentee on your email, or (horror
of horrors) by cold conference calling. Reach out
privately to your contact to propose a connection
with your mentee. And be specific about it, too.
Why are you proposing this connection? Offer
some brief information about your mentee,
their interests, and their level of experience, and
the specific issue that made you reach out to
this contact, so each person knows the general
parameters of the ask.
12
If your contact
agrees to be
connected
with your
mentee,
don’t delay.
Timely mentorship is effective
mentorship. If your contact agrees to
connect with your mentee, make an
introduction to your mentee right away.
The opportunity and momentum to make
new connections can be lost if a few
weeks slip by with no contact.

Becoming a great connector in mentorship relationships is, of course, a twoway
street. Being a good connection is also part of effective mentorship. This
means, for example, taking the call from opposing counsel when they want to
introduce you to an articled student (even though you may be in pitched battle
in the courtroom), and answering the email from someone who name-drops an
old law school colleague. These connections do not need to become long-term
mentorship relationships. Most are more likely to be one-off conversations or
email exchanges intended to share specific expertise, experience or knowledge.
Sometimes, exchanging contact information is the entire point of the connection.
Being a good connection enriches the networks that help you become a great
connector for your own mentees too.
13

Tricks of the Trade 2025
A 30+ Year Tradition for Leaders of the Personal Injury Bar
January 31, 2025 | 9:30 am to 4:30 pm (ET) | Live at Arcadian Court in Toronto
For over three decades, Tricks of the Trade has been the leading annual conference for the Ontario personal injury bar,
addressing current challenges for both plaintiff and defence counsel. Esteemed faculty will provide key updates on recent
decisions, timely advocacy tips, and the latest guidance on practice and procedure for personal injury litigators.
Top Tips for Hearings and
Motions in Writing
More and more matters are now heard in writing -
learn the recipe for successful written submissions!
Speakers: The Hon. Justice Spencer Nicholson,
Superior Court of Justice,
Kadey Schultz, Schultz Law Group LLP
Working with Vulnerable People
in Civil Sexual Assault and
Personal Injury Cases
Gain guidance on working with vulnerable parties
and witnesses, including trauma-informed approaches
for both plaintiff and defence counsel.
Speakers: The Hon. Justice Loretta P. Merritt,
Superior Court of Justice,
Anna Matas, St. Lawrence Barristers PC,
David Rogers, Rogers Partners LLP
Trials Under the New Simplified
Procedure Rules: Are You Ready?
Be prepared for your next (or first) trial under the
new Simplified Procedure Rules.
Speaker: Laura Dickson, DWA Law
Scenarios: Damage Assessments
Our panelists share their secrets for accurately
assessing damages in complex cases.
2025 Co-Chair
Lisa Belcourt,
Ferguson Deacon Taws LLP
2025 Co-Chair
Brenda Hollingswort, Auger
Hollingsworth Professional Corporation
Speakers: The Hon. Justice M.J. Lucille Shaw, Superior
Court of Justice, Gabriela Nagy, The Regional Municipality
of York, Stacey Stevens, Thomson Rogers LLP
OHIP Subrogated Claims: Best Practices
Hear how to handle OHIP claims properly and avoid
common pitfalls.
2025 Co-Chair
Sudevi Mukherjee-Gothi,
Pallett Valo LLP
2025 Co-Chair
Brian Sunohara,
Rogers Partners LLP
Speakers: Joni Dobson, MD Lawyers
Joanne Curran, Ontario Ministry of Health
Shawna Langille, Ontario Ministry of Health
For up to date topics and agenda visit
www.advocates.ca

ETHICAL ADVOCACY
Advocating with Integrity:
Why Ethical Conversations
Matter in Legal Practice
Jennifer M. Bolduc, Giffen Lawyers
As lawyers, we are advocates, advisors, and sometimes, the bearer of uncomfortable news - especially
when ethics come into question. One of the more challenging aspects of being an advocate
is engaging in candid ethical discussions that can make or break a case and, sometimes, a career.
Judges talk to each other about us: they talk about our skills as advocates and, more importantly,
they talk about our trustworthiness. These conversations and our reputations are not things any
of us should take lightly. We need not only to educate ourselves on the ethical issues we may face,
but also on how to hold conversations with our clients about ethical issues.
Upon being called to the bar, we are mostly left to ourselves with respect to the identification
15

and resolution of various ethical dilemmas that
will arise in our daily professional lives. It can be
difficult to flag a potential ethical issue, let alone
to know what to do once it has been identified.
In this series, we will review various ethical issues
faced by lawyers and the best ways to address
those issues with clients with input from
some of the best lawyers involved with The
Advocates’ Society. Specifically, we will provide
guidance on what to do if: (i) you’ve determined
you do not have the requisite skill set necessary
to continue with a file; (ii) you suspect your client
may not have capacity to instruct counsel;
(iii) there has been a breach of confidentiality
(accidentally or otherwise); or (iv) you are proceeding
against self-represented parties or lawyers
who have been suspended. In this issue,
we will address how to head off potential ethical
quandaries in the gathering of evidence in
family law cases.
First, we need to understand the source of our
ethical responsibilities. When we were called
to the bar we all swore an oath. We promised
to conduct all cases faithfully and to the best
of our abilities, to faithfully serve and diligently
represent the best interests of our clients,
to conduct ourselves honestly and with integrity
and civility, to not pervert the law to favour
or prejudice anyone, and last, but certainly not
least, to strictly observe and uphold the ethical
standards that govern our profession.
Here in Ontario, the Rules of Professional
Conduct lay out the ethical standards relating
to the practice of law. Rule 2.1-1 states that
“a lawyer has a duty to carry on the practice
of law and discharge all responsibilities to clients,
tribunals, the public, and other members
of the public honourably and with integrity.”
Rule 3.1-2 additionally provides that “a lawyer
shall perform any legal services undertaken on
a client’s behalf to the standard of a competent
lawyer.” The commentary on Rule 3.1-2
directs that competence is founded upon both
ethical and legal principles.
One of the most difficult conversations we regularly
face as family law lawyers is having discussions
with clients about ethical evidentiary
issues, including electronic privacy, especially in
cases where the other party is self-represented
and does not understand the various evidentiary
rules. Courts have found that individuals
have a reasonable expectation of privacy regarding
their personal electronic devices. In highly
charged family law cases, counsel must advise
16

their clients about what evidence is fair game
and what’s off limits, in cases where a client
has access to their partner’s device and knows
or can guess the password. Attempting to put
such evidence before the court because the client
demands it runs the dual risk that not only
will the evidence not be admitted but that you
have seriously harmed your reputation with the
court by complying with the client’s demands in
the face of what you know should, and should
not, be properly put before the court.
As trusted counsel, the onus is on us to educate
and guide our clients through the evidence
gathering steps, and to impress upon them the
importance of the source of the evidence. When
clients provide us with documents, it’s important
to make diligent inquiries about how they came
into possession of the documents, and segregate
any records that may have been obtained
improperly. When we approach ethical issues
from a trusted advisor perspective, instead of
merely a service perspective where the customer
is king, the inherent tension lessens and allows
us to deepen the client relationship.
17

LAWYER LIFE
Happy Lawyer Project:
Rethinking Self-Care
Lisa Marie Buccella, Aviva Trial Lawyers
In a profession characterized by high performance and significant burnout, adopting self-care
strategies is essential for managing stress, achieving overall wellness, and maintaining professional
longevity. Reflecting on my own experience as a full-time litigator and a mother of five, I realized
that while I was high-functioning, I was not healthily functioning. My initial approach to self-care
involved sporadic indulgences like sleeping in on weekends, getting manicures, and occasional
spa visits. However, a recent period of recovery following cancer surgery provided me with the
opportunity to reevaluate and redefine what true self-care means.
18

This reflection led to several key insights
about self-care that are particularly relevant for
mid-career lawyers:
Self-care is not merely about indulgence but
about making consistent, healthy choices that
promote sustained physical and mental wellness.
This includes regular exercise, early rising,
dental check-ups, reducing social media use,
eating unprocessed foods, and scheduling medical
appointments. Sounds easy? Think again
when you have worked a week of consecutive
14-hour days preparing for trial.
Effective self-care requires dedication to daily
routines that support well-being. This might involve
adhering to a daily exercise regimen, ensuring
adequate hydration, or incorporating a weekly
tech-free day. These habits, though challenging,
are crucial for maintaining long-term health.
Real self-care is about establishing control
and setting boundaries. It involves making conscious
decisions to prioritize health over comfort,
such as limiting work hours, taking regular
breaks, and ensuring sufficient sleep.
Leaders in our industry have a responsibility
to foster a culture of self-care within their organizations.
This can be achieved by modeling
healthy behaviors, such as scheduling time for
physical activity, disconnecting during vacations,
and using tools like delayed email sending
for non-urgent communications. By leading
by example, we can promote a healthier work
environment for our teams.
The benefits of self-care extend beyond personal
health to professional performance. Ignoring
self-care can lead to burnout, which
negatively impacts not only the individual but
also their families, colleagues, and clients. Prioritizing
self-care is akin to applying your oxygen
mask first; it enables you to better support
those around you.
By integrating these self-care strategies, we
can enhance our well-being, improve our professional
performance, and sustain our demanding
careers.
19

PRACTICE MANAGEMENT
Missed Opportunity:
Effective Offboarding
Practices in Law Firms
Wade Poziomka, Ross McBride LLP
The recent pandemic has reshaped many industries, and the legal sector is no exception.
The rise of remote work has resulted new opportunities for associate lawyers, significantly
expanding the job market. For law firms, there is increased competition looking for top associates,
prompting law firms to invest heavily in hiring and retention strategies. Yet, we have
not seen an increased focus in offboarding associates, who are now more mobile than ever.
This is a missed opportunity.
The expectation that a lawyer will join a firm, work hard, become a partner and retire there is
20

a thing of the past. Associates want different
and varied things and are increasingly vocal
about it. Many of them don’t aspire to a lifelong
employment relationship or equity partnership
with a private firm. Despite this, many
law firms have yet to adapt, to think about
alternative retention strategies, or to develop
effective offboarding practices to turn to
when these relationships end.
In conversations with several associates who
have transitioned between or out of law firms,
a common theme emerged: upon giving notice
of a departure, associates feel that the law firms
view them as a threat instead of a valued team
member. Firms worry that departing associates
may take clients with them or inspire other associates
to likewise depart. Consequently, departing
associates are often left feeling isolated
and unsupported.
Not all law firms are behind the 8 ball, however.
Some have explicitly turned their minds to
the value of ongoing relationships, even after
employment has ended. “I think about retention
and offboarding differently now than I did
at the beginning of my career,” explains Walied
Soliman, Chair of Norton Rose Fulbright. “Today
when we recruit people, we understand that we
are hiring a wide spectrum of ambitions and
goals – that is not something that we should expect
people to hide from us. It should be welcomed
and celebrated.”
Norton Rose Fulbright hires around sixty articling
students each year, and in their first week,
Soliman emphasizes the importance of open
communication. He acknowledges that many of
them do not aspire to be a partner, and that is
okay and something that should be celebrated.
“I ask two things only of students - first, I ask
them to do their very best so they can get the
most out of their experience, and second, I ask
them to be honest with us so we can help them
with whatever their individual goals might be,”
says Soliman.
Every relationship has value. If the relationship
ends when an associate (or partner) leaves
a law firm, that value is lost and the investment
in that employee is wasted. Ashley Wilson is a
well-known lawyer practicing in human rights
and housing law. Wilson worked at a large regional
firm in Hamilton before transitioning to
a Toronto firm. “When I made the decision to
leave, I wasn’t sure how they would respond,”
says Wilson.
Despite her reservations, the partner she
worked closely with was supportive, working
out an arrangement whereby some clients
followed Wilson to her new practice, and she
continued to work with her former mentor
as co-counsel on other files. “It provided me
a sense of security as I made the big move to
a Toronto practice,” explains Wilson. Wilson
speaks very highly of her former colleagues
and has referred clients back to the firm. In
fact, she recently made the move back to Hamilton,
Ontario. Had she been isolated or viewed
as a threat, her view of her former firm would
have been much different, I suspect.
Not every departure is indicative of a poor
21

workplace (although it can be). In many cases,
it is simply a reflection of different career goals.
Rather than treating departures as a failing of
the firm, we can shift the focus and understand
that departures will happen even in law
firms with the very best workplace cultures.
By establishing thoughtful offboarding processes,
firms can unlock significant value from
these transitions. Firms can foster positive ongoing
relationships and develop a proud and
connected alumni network that will enhance
the firm’s reputation. On the other side, a disgruntled
former employee has the potential to
damage a firm’s reputation.
While speaking to associates to gather information
for this article, more than one informed
me that former employers have said,
“law firms have long memories”. While perhaps
a reminder to associates to be professional
and ethical in their departure, firms
would be wise to remember that departing
associates have long memories as well – especially
at a critical time when making a career
move. These individuals may end up working
in-house for large corporations (who refer
large files to firms), on the other side of files,
or on the bench. Offboarding practices that
support departing associates and treat them
with respect are more than just a formality –
these practices are a critical phase in the employee
lifecycle that can impact firms in the
future in ways that might not be considered
at the time of the employee’s departure.
Stay tuned for my sequel in the next edition of
The Advocate where I will address best practices in
offboarding – including exit interviews.
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jharris@email.com
Financial Statement
James Stevenson
Your Settlement/Property Affairs
jharris@email.com
Trust Statement
Costs agreement - Property Settlement
James Stevenson
Letter to Mr Penfold
James Stevenson
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9:32 AM
Apr 2, 2020
Mar 29, 2021
Mar 29, 2021
Mar 28, 2021
Mar 27, 2021
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WORD TO THE WISE
Tips for Litigators
Navigating Client Billings
Kristen Duerhammer, KPMG Law LLP
You’ve done the legal work — building your case, developing a strategy, and working to resolve
your case in your client’s interest. Now you’re dealing with a part of private practice that isn’t
taught in law school or found in annotated rules: billing and collecting fees for your work.
For those of us who are more comfortable with case law than accounts receivable, billings
and collection can be intimidating. Below are some tips compiled from various practitioners for
smoother management of billings and collections.
1
Set and manage fee expectations at the outset.
It can be tempting when quoting a potential file to think that the process
will run efficiently and there won’t be additional fees for unanticipated
procedures, evidentiary requirements, or large amounts of data or
documents. It’s helpful to be upfront about the impact on fees if these
situations arise. If someone else at your firm initially quoted the fees,
make sure you get the full picture of the client’s expectations (including
the fee structure, estimated amount, timing of billing, and expectations
around the merits of the case) before you begin work and start billing.
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2
Hone your internal pricing predictions.
Develop and update your fee quote template that
includes fees for your services as well as other costs
that the client may bear such as hiring experts, court
reporter and transcript fees, subpoena fees, data
storage, and technology fees. Revisit your past estimates
to compare them to the actual billings to adjust
over time.
3
Bill regularly as you’re providing your services.
Unless you’re using an alternative fee structure like flat fee or contingency
arrangements, waiting to bill can mean that your time and
work is no longer front-of-mind to you or your client. Billing in real
time also allows both you and your client to track fees incurred
and compare them to the budget on an ongoing basis.

Follow up on overdue accounts on a set schedule.
Establishing a consistent follow-up routine (whether it’s performed
by software or a person) prevents scenarios where the
follow-up appears too delayed relative to the services.
4
Communicate developments as the case is ongoing.
Your clients don’t have visibility into the court processes,
new case law developments, or procedural challenges
and motions. These factors may change your
5
assessment of the merits of the case, how long it will
take to resolve, or the potential fees. As these developments
arise, make sure to have regular touchpoints to
recalibrate expectations.
6
7
Further resources.
There are helpful resources on establishing and automating billing
practices, including those summarized on the Canadian Bar
Association’s Billing Practices resource page.
Remember that fee challenges are not a
reflection of your legal work.
Challenges around collections are an inevitable part of practice.
Your litigation services are for advocating in your client’s
best interests and there are situations beyond your control
that affect your services (for example, when hearing dates are
available or rescheduled). Consider reframing your perspective
to view billings as a component of your larger role of navigating
these challenges.
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INTERVIEW
Interview with Incoming
TAS President, Darryl Cruz
Compiled by Joe Thorne, Stewart McKelvey
Q. What is your vision for your term as President? What are your priorities?
A. Thank you so much to the Mid-Career Advocates’ Standing Committee (MASC) for asking me to address
the 2024-2025 term for The Advocates’ Society. As President for this term, I am excited to see
how the year develops, as we are at a very important time in TAS’s life.
Over the last few years, we completed a significant exercise in strategic planning. With our plan
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in place as of the 2023-2024 term, we are now in a position to forge a sustainable future, particularly
with the renewal of TAS’s lease in Toronto and a significant renovation this year. In late 2024
or early 2025, we will have an exciting new look for our space that will create an incredible environment
for collegiality, sharing ideas, and learning.
With these developments and changes, I see the coming year as an opportunity to really concentrate
on our core mission: to build a community of advocates committed to excellence, both inside
and outside of the courtroom. The key word is “community.” I believe that most of our members
have joined TAS in order to connect with others who share common values about our profession
and its role in society.
For my part, having come through a global pandemic and recognizing all of the pressures on
our profession in 2024, we need this community more than ever. At a time when the practice of
advocacy can be overwhelming, a strong community is a crucial support system and reminds us
of the importance of our profession and the positive side of the work we do as advocates.
Q. What role do you see MASC members playing in the work of TAS?
A.MASC members are central to promoting the best of our profession. Those members are in the
midst of perhaps the most challenging part of their careers, not only due to professional transitions
but also because they are often experiencing significant changes and pressures in their personal lives.
It is often hard, mid-career, to recognize the joy associated with advocacy when there are demands
coming from all directions. Perhaps more than other demographic groups, MASC members benefit
from opportunities to step back and appreciate what is good about our work. The inaugural Winter
Summit in Ottawa – the Big Chill – was such an opportunity, and I believe that such events are essential
to the life of an advocate.
In addition, MASC members are the immediate future of our profession. It will be up to lawyers
in this group to shape the practice of advocacy, as we consider changes to the civil procedure rules
and respond to changing technologies and ways of working. Ten years from now, our profession
will have been significantly influenced by MASC and its members.
Q. What does TAS mean to you? What do you want it to mean for TAS members and the
profession generally?
A. For me, TAS has always been an important part of my career. I joined in 1992 and have been involved
in many different ways over the years.
As a lawyer in a large firm, it is easy to be very firm-oriented, and law firms can be insular. TAS
has been my main way to connect with lawyers on the other side of cases in a friendly and non-adversarial
setting. TAS has been a way to meet advocates who practice in completely different areas
and to hear perspectives that I would not be exposed to in my regular circles. Simply put, TAS
is a network dedicated to advocacy in Canada that is second to none.
The TAS network is also a powerful voice for the profession. Our interventions and policy submissions
are respected across the country. That voice is important in a world where things are
always changing.
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As someone who has passed through the MASC demographic (but who is still young!), I can say
that there has been so much change over my career, particularly from the technology perspective.
When I was called in 1992, we did not use the internet and did not have cell phones. There were
lawyers who still dictated documents to an assistant using shorthand. Things are very different
today and they will undoubtedly continue to evolve at an even faster pace in the years to come.
That said, there has also been so much that has remained constant. I started in an adversarial
justice system, and that is still our system. It is a system that includes important values, such as
the burden of proof, the importance of evidence, the right to be heard and impartial decision-making.
The values underlying this system are ones that, in my view, all advocates share. TAS and its
members have a very important role in preserving and protecting our justice system.
So, while we are clearly going to see evolving working arrangements and technological advancements,
including artificial intelligence and other things that we cannot even imagine today, my
belief is that people are the key to any system and that the values that have served our profession
are not ones to be discarded.
Q.What are your thoughts on the future of the profession?
A. The future of our profession is similar to its past. We need to preserve and protect our common
values and adapt to a changing society, changing technologies and changing approaches to
solving disputes. While adaptation is not optional, we will not be replaced by robots.
At its essence, law is about human relationships and interactions. And humans have been able
to advance as a species primarily due to the ability to operate, and to co-operate, in a community.
For advocates in Canada, TAS is the essential community.
Equity Diversity and
Inclusion for Litigators
Thursday, December 12, 2024
1:00 pm - 4:30 pm (ET) | Via Zoom
Join us for the 6 th annual Equity, Diversity
and Inclusion for Litigators program.
Advocates and judges will discuss EDI in
legal practice, handling micro-aggressions
and bias, indigenous considerations,
allyship, and more. Open to all.
REGISTER

Tom Curry and Martha McCarthy Present:
Mastering the
Art of
Examining
Witnesses
December 4, 2024
9:00 am – 4:30 pm (ET)
The Carlu, 444 Yonge St., Toronto, ON
What are best practices for calling and examining
collateral witnesses? How can you conduct a
textbook examination-in-chief? When should you
adapt your cross-examination style based on the
type of witness testifying?
Our definitive course on direct and cross-examination
is back to answer these questions and much more!
Going beyond the basics, leading litigators Tom Curry
and Martha McCarthy tackle these core advocacy
skills in detail and show you practical techniques
honed through dozens of high-stakes trials.
REGISTER

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End of Term Dinner 2024
June 26, 2024 | Toronto

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End of Term Dinner 2024
June 26, 2024 | Toronto

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How to Give Negative Feedback in a
Motivating Way
Friday, November 22, 2024 | 12:00 pm to 1:00 pm | Live via Zoom
Discover why top companies are ditching annual reviews for powerful everyday
conversations. Learn the science behind feedback that actually works (hint: it’s not
about money!) and master the 6 keys to delivering feedback that inspires. Join Jacques
Forest, Ph.D. and Joëlle Carpentier, Ph.D. in this game-changing session!
REGISTER
The Litigator’s Edge:
Modern Tools for Winning Business
December 13, 2024 | 1:30 pm to 2:30 pm | Live via Zoom
In the fast-paced world of litigation, time is your most precious asset.
Balancing business development with your caseload can feel like a stretch.
This dynamic virtual session will show you how to leverage LinkedIn
and Generative AI (GAI) to drive your business growth, efficiently
building your client base and expanding your influence.
REGISTER

The Mid-Career Advocates’ Standing Committee
presents Cinq à Sept
October 22, 2024 | Toronto
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www.advocates.ca