23.05.2025 Views

Keeping-Tabs-Spring-2025

Stay up-to-date on news and events from our Young Advocates' Standing Committee (YASC) with Keeping Tabs.

Stay up-to-date on news and events from our Young Advocates' Standing Committee (YASC) with Keeping Tabs.

SHOW MORE
SHOW LESS

Transform your PDFs into Flipbooks and boost your revenue!

Leverage SEO-optimized Flipbooks, powerful backlinks, and multimedia content to professionally showcase your products and significantly increase your reach.

KEEPING TABS

The Advocates’ Society

SPRING 2025


CONTENTS

Be the one to send the postcard

FALL CONVENTION 2025

05

08

12

16

19

25

30

Chair Chat

Alexandra Shelley, Torys

An Imposter’s Journey

The Hon. Justice Fred Myers, Ontario Superior Court of Justice

Tips on Oral Advocacy for New Advocates

The Hon. Justice William Hourigan, Court of Appeal for Ontario

Courage

John Carlo Mastrangelo, Lax O’Sullivan Lisus Gottlieb LLP

Prioritizing Physical Health and Wellbeing:

Advice for Young Advocates

Chase Salembier, Rose LLP and

Bronwhyn Simmons, Alberta Energy Regulator

Finding Your Niche: Roundtable Discussion on

Developing or Finding a Specialized Practice

Tomislav Miloš, Milosevic & Associates and

Sara Romeih, Ross Nasseri LLP

Interview with Gray Morfopoulos,

McMillan LLP

Compiled by Michael Hodgins, MD Lawyers and

Folu Adesanya, Whitelaw Twining (Ontario) LLP

SAVE THE DATE: NOV 12/13-16, 2025 | WALDORF ASTORIA, COSTA RICA, PUNTA CACIQUE

REGISTRATION OPENS SOON | WWW.ADVOCATES.CA

Editor: Julie Mouris (she/her), Conway Baxter Wilson LLP/s.r.l.

Deputy Editor: Emily Dishart (she/her), McMillan LLP

Keeping Tabs Editorial Team: Folu Adesanya, Whitelaw Twining (Ontario) LLP, Michael Hodgins, MD Lawyers, Sydney McIvor, Durant Barristers,

Tomislav Milos, Milosevic & Associates, Oksana Romanov, Crown Attorney’s Office (Central West), Sara Romeih, Ross Nasseri LLP

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 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 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 authors are their own and do not necessarily reflect the policies of The Advocates’ Society.

3



TAS Video Collections

TAS Video Collections is a library of professional development programs

that you can rent and watch from the TAS website. Members, sole

practitioners, government lawyers, and litigators at small firms can

also take advantage of discount pricing .

CHAIR CHAT

Chair Chat

Alexandra Shelley, Torys

Advocacy Hour

Our new Advocacy Hour series covers a wide range of specialized topics in litigation,

all in an hour or less. Click here to view the whole collection.

www.advocates.ca

Hello Young Advocates —

This is my final chair chat. It is a bittersweet

milestone — a phenomenon I experience often

as a mother of two young boys. While growth is

something to delight in, it also means bidding

farewell to some prior version of my reality.

And so readers, I write to bid farewell. I have

spent the last seven years involved in YASC. I

joined as a third-year lawyer in 2018 when Victoria

Creighton was chair. Notably, she was the

tenth chair of YASC but only the third female

chair of the standing committee that has been in

existence since 2009. During my time on YASC, a

lot has changed for both the committee and me.

Since 2018, half of our chairs have been female.

Our committee has also expanded to

reflect the national footprint of YASC. We have

over 20 representatives on YASC — a.k.a. “YAS-

Cals” — from regions outside Toronto, stretching

from St. John’s, Newfoundland to Vancouver,

British Columbia. We have also changed

our complement of working groups to include

groups such as Health & Wellness, Allyship and

Pro Bono. We rebranded our signature “Pub

Nights” to “Socials” to emphasize that the focus

is collegiality and not pints.

Personally, in that same time period I got married,

welcomed my first son in 2020 and my second in

2023. I went from being second, third or fourth

chair to running my own files. I went from being

a mentee to a mentor, and a CPD attendee to

a presenter. It really does happen fast! In each

stage of my career, I have found allies in YASC,

with whom I can celebrate and commiserate.

My time on YASC has undoubtedly enriched my

experience as a “young advocate.”

And as I age out of the title of “young advocate”,

I look around at today’s YASC events and

I am in awe of the energy, enthusiasm and

awareness of young advocates. You speak your

minds, have strong moral compasses and possess

a desire to better the practice of law for all

its participants. And my hope is that, when you

undoubtedly encounter some of the hardships

or triumphs of being a young advocate, you can

find community at YASC.

I am grateful to have been a small part of

YASC’s history, and I look forward to watching

it, and The Advocates’ Society, continue to grow

and evolve from the sidelines. And so, with that,

I pass the torch to my friend (courtesy of YASC)

Sean Petrou, your incoming Chair.

Best,

Alex

5





HEALTH & WELLNESS

An Imposter’s Journey

The Hon. Justice Fred Myers 1 ,

Ontario Superior Court of Justice

The Young Advocates Standing Committee’s Toronto Fireside Chat working group hosted a Fireside Chat

centred on mental health on March 18, 2025, prompted by the ripples sent across the legal ecosystem

by the 2024 publication of The Right Not to Remain Silent: The Truth About Mental Health in The

Legal Profession. The rich and vulnerable discussion was moderated by a contributor to that text,

Yadesha Satheaswaran, and panelists included Justice Fred Myers (a fellow contributor), Professor

Benjamin Berger, and Jordana Bergman. In this article, Justice Myers graciously expands on the evening’s

discussion of his struggles with imposter syndrome and his route into a more fulfilling career in insolvency

litigation. His Honour offers actionable steps for young advocates wrestling with mental health struggles.

I suffered incredible stress in law school. I was

driven to three years of intensive studying every

single day. I spent sleepless weeks fearing exams.

Of course, once I started studying, I always

finished well before the schedule that I had

set. The task was always much more manageable

than I had feared in advance. The fear, the

sleepless nights, and the pressure drove me to

a work ethic that ultimately yielded success. But

it was not a happy, well-adjusted period in my

life. No one used the word “anxiety.” But, in retrospect,

“duh” does seem apt.

I then spent more than 25 years in two major

law firms. I was once again very fortunate that my

driven approach led to good outcomes and some

success. But the twin siblings Mr. Anxiety and Mr.

Depression were always hanging around. I lived

in fear of freezing and fear of discovery that my

successes were from hours not skill, from collaboration

with stronger colleagues, and much luck.

If you looked up “imposter syndrome” in Blacks,

you would have found my picture (with somewhat

more hair up top).

Although I had professional successes, I was

rarely happy, contented, or satisfied. Thankfully,

I had wonderful colleagues who took my

good with my bad. But in 25 plus years, I do not

recall even one discussion about mental health

or whether any of us was happy with our lives.

My awareness of my own anxiety emerged later

in life in therapy brought about when one of

my teenage children faced his own challenges. It

was only then that I was able to give a name to

my relentlessly critical inner voice and seek help.

So, what tips can I offer to young lawyers?

First, mental health affects everyone; some

more than others. Just as we manage our physical

health, we can take responsibility to manage

our mental health. If you had a chronic disease,

like diabetes, you wouldn’t feel ashamed and

then try to hide it. You would go to health professionals

to get help. You would participate in

8 9



treatment. You would ask your firm/employer

to support your efforts as needed. You might need

special dietary options. You might need to leave a

meeting at a set time to take a shot or a pill. You

might need some extra downtime now and again.

Like most physical conditions, mental health

does not have to be a secret or a career-ender. 2

I strongly support openness and an end to the

stigma of shame surrounding mental health

and mental illness. I urge you to follow Canadian

sportscaster Michael Landsberg and figure

skating champion Elizabeth Manley who are

leading the charge to end the cultural shame

associated with mental health.

But we are not celebrities. We are, in the main,

employees and partners who are subject to the

supervision and professional control of others.

We have careers to manage. We have to be careful

to protect and nourish our work relationships.

In seeking help, by all means, disclose to your

firm as needed. Perhaps start with your most

trusted colleague or mentor. You might discuss

who in management can be best approached to

meet your needs. Who will be empathetic and

empowered to provide you with the assistance

you may desire? You do not need to send a memo

to the firm broadcasting demands. Instead, if you

own your journey, you can tell someone about

it and explain the types of support you seek to

help you do your job better and to be happier.

The firm has a big investment in you. They

want you to do your job better and to be contented

while learning your craft (and billing

hours). In seeking accommodations, you are

not asking the firm to bend to your will or imposing

your human rights on them. You are

asking for help in a project that you are undertaking

to help you be a better employee and

lawyer. You may find a world of difference in

the firm’s response if, instead of demanding

that the firm owes you a mental health day,

you ask for a day to support your regimen of

mindfulness, rest, and exercise recommended

by your therapist to help you through a rough

patch. In the former, you set yourself up as

adverse to the firm. They must accommodate

and they must fix your mental health. In the

latter, you own it. You prioritize your health.

You have a plan. You are asking for support to

help you fulfil mutual goals with the firm.

I found it helpful too to set realistic goals. Just

like studying for exams never took as long as I

feared, daunting legal tasks, once started, are

usually readily completed. While the overall burden

of one’s caseload may be frightening and

stressful, actually starting on each individualized

task shows that it too is manageable. I found that

setting a doable goal – like setting aside time to sit

down and finish that big affidavit next Tuesday –

was very helpful. And as each task got done, the

fear and stress of the overall burden eased.

Being miserable is not the natural state of

humankind or the inevitable result of being a

young lawyer. Yes, we all pay our dues as we

learn our craft. But making choices to protect

our health, physical and mental, are fundamental

requirements to make the journey more

pleasurable and worthwhile.

I got very lucky and met some lawyers whom I

really liked when I was very junior. I focused on

insolvency litigation to work with them because

it was more fun for me. No one ever goes to

law school planning to be a bankruptcy lawyer.

Choices can present themselves. Sometimes

you have to be a bit lucky. Sometimes you have

to consider taking a risk. I changed firms at age

44. Now that was scary. I wish I had known along

the way that I could have gotten help to make it

all a little more manageable. I wish I could have

done more to avoid the horrible stretches when

stress became overwhelming.

I am hopeful that we are nearly through the

period in which young lawyers, especially litigators,

are taught to be strong warriors who cannot

show weakness. It is strength to own and

take charge of your journey through the law. I

hope yours is greatly rewarding and fun.

Notes

1. Justice Myers is a judge of the Ontario Superior Court of Justice.

The views expressed in this article are his own. They do not

represent the views of the court, its executive, or anyone else.

In addition, Justice Myers is quick to point out that in recounting

his own experiences, he has no expertise in the mental health

field. Anyone suffering mental health challenges should seek

out professional assistance as soon as they can.

2. The proof is in the vignettes of challenges faced by many

successful lawyers in the excellent book The Right Not to

Remain Silent: The Truth About Mental Health in The Legal

Profession, Beattie, Beth, Dagher, Carole, and Telfer, Thomas

G. W., editors. North York, Ontario: LexisNexis; 2024.

10 11



ADVOCACY

Tips on Oral Advocacy for

New Advocates

The Hon. Justice William Hourigan,

Court of Appeal for Ontario

Introduction

This is the second of a two-article series for new advocates. In my last article, I provided a step-bystep

guide on preparing a factum. This second article will review several oral advocacy tips that I

have compiled over my 16 years on the bench. Hopefully, these tips will assist you in avoiding bad

advocacy habits and make you feel more confident during your first court appearances.

Learn Through Experience

Any good litigator will tell you that lawyers develop

advocacy skills through practice. Courtroom

experience, whether positive or negative,

hones your forensic advocacy skills. Indeed, I

would argue that we learn more from our challenging

days in court than from our successful

ones. But what if you can’t get into court? At

many firms, new advocates have limited opportunities

to get on their feet. If you find yourself in

that situation, you should be creative in gaining

experience. Look for pro bono opportunities for

advocacy, whether before a court or tribunal.

Sign up for any moot or trial advocacy programs

offered. If all else fails, spend time observing arguments

in court. Take an afternoon and watch

from the back of the courtroom. I would recommend

observing a busy motion day. You can observe

multiple cases from start to finish and be

exposed to various advocacy styles. When I sat

as a trial judge in Milton, Ontario, we held mo-

tion days two or three times a week. Each day,

we routinely dealt with 30 or more cases. Go to

court and carefully watch both the best and the

worst advocates. Think about what worked and

what didn’t. Consider what you can adapt and

implement in your own advocacy style.

Oral Argument

I will offer some brief tips to keep in mind when

preparing your submissions. Before doing so, I

present the following scenario, which I always

share with students when lecturing on advocacy.

Imagine waking up in a strange room and finding

yourself locked in with no way out. You discover

a ticking time bomb in the room, and its clock indicates

that it will detonate in 10 minutes. Fortunately,

you also find a working landline. You call

911, and the police inform you that they are located

20 minutes away but can connect you with

a leading bomb defusal expert. In speaking with

that expert, what kind of communication style

12 13



would you want her to use? Would you prefer

that she employ numerous technical terms you

can’t comprehend? Would you want her to share

extraneous information about the bomb, such

as where it was manufactured and who has used

it in the past? Would you want her to make a concerted

effort to demonstrate her intelligence?

The answer to these questions is obviously no.

Keep that scenario in mind as you prepare to

make oral submissions. You want to provide

the judge with only the information they need

in the clearest terms possible to make a decision.

Brevity and clarity must be your guiding

principles. Make your points; don’t belabour

them. Help the judge to defuse the legal bomb.

With that broad advice, I present the following

tips, some of which may seem obvious:

• Prepare: Even if the file cannot justify the

additional cost of preparation, take the time

to prepare adequately. Record your time

fully but bill the client fairly. Discuss with

the lawyer managing the file regarding writing

off some of your preparation for training

if necessary. Never enter a courtroom

without knowing your case. You owe that to

yourself and your client.

• Make notes: Prepare written submissions

and rehearse them. Avoid merely reading

your factum, as the judge has already reviewed

it. If you are just repeating what

you have previously submitted in writing,

your appearance will serve no purpose.

You might discover that once your appearance

concludes, you relied minimally

on your notes. This is expected, but the

process of preparing the notes enhances

your understanding of your argument and

boosts your confidence.

• Slow down: During your first court appearances,

you will probably be a little nervous

and you will have a lot to say. Those

factors may cause you to speak too quickly,

and that makes it hard for the judge to

take notes. In advance of any appearance,

do a dry run with one of your colleagues.

That will help you develop the right cadence.

As a general rule of thumb, read

your notes the same way you would read a

poem. Pause after every three or four lines

and when you do, look at the judge to see

if they are taking notes. Avoid speaking in

run-on sentences and try to keep your sentences

reasonably short.

• Help the judge track your arguments: At

the beginning of your submissions, inform

the judge about the points you will discuss.

This approach makes it easier for the

judge to follow your line of reasoning and

take notes. Don’t hesitate to periodically

remind the judge of your current position

in the argument; “Your Honour, that is my

stance on issue 1, and now I will move to

issue 2, which you will recall is...”

• Anticipate questions: You are likely to

get questions from the bench. You will be

more effective if you prepare for them in

advance rather than being forced to think

on your feet. As a lawyer, I put questions

and answers behind the last tab in my

submissions binder. When a question was

asked from the bench, I would flip to that

tab, and usually, I would find my answer

without having to think on the spot.

• Answer questions: When a judge asks a

question, it’s usually because they have

a concern. This may be a critical issue

for them. Never evade the question or

delay your response, even if it disrupts

your rhythm or order of presentation. By

avoiding a question, you imply that you

either lack a solid answer or are not interested

in helping the judge reach an accurate

decision. It’s best to provide your

bottom-line answer before elaborating.

Starting your response with “yes” or “no”

makes it easier to follow.

• Stay still: When lawyers move about

when arguing in court, they distract the

court from the content of their submissions.

Their comments also may not

be picked up by the courtroom microphones.

Similarly, excessive hand gestures

are also distracting. I recommend

that new lawyers place their notes on

the rostrum and grip both sides of the

lectern.

• Be reasonable: In my experience, the

winning lawyer is not always the smartest

or even the one with the better argument.

Often, it is the most reasonable

lawyer in the courtroom who wins.

Judges are reluctant to make controversial

decisions. So, if a lawyer suggests a

reasonable and sensible result, that will

usually hold some sway with the judge.

Common sense goes a long way.

Connect on the TAS

Mentoring Portal

EXCLUSIVELY FOR TAS MEMBERS

CLICK HERE FOR MORE INFORMATION

14 15



Summer Trial

Advocacy

College

Thursday, June 12 and

Friday, June 13, 2025

9:00 am - 4:30 pm

The Advocates’ Society,

2700-250 Yonge St., Toronto ON

Master the art of civil trial advocacy at our

popular intensive two-day workshop. This

hands-on program will test and refine your

skills in case analysis, opening and closing

statements, examination-in-chief and crossexamination.

Limited spaces available!

The workshop is your chance to practise and

refine your trial advocacy skills in a supportive

environment. You will get practical, individualized

feedback from our trained instructors. You will

also learn from your peers as you work through

the interactive exercises in small groups. Please

also note that the workshop requires advance

preparation based on a mock case file, which will

be provided to you in advance of the workshop.

To learn more visit www.advocates.ca

• Protect your reputation with the bench:

On my first day as a judge, I joined my colleagues

for lunch. They asked me about

my day. I began to explain the issues in

the case I was hearing. But they showed

no interest in what I had to say. Instead,

they were only keen to know which lawyers

appeared before me. When I shared

their names, they provided detailed

opinions on whether those lawyers could

be trusted. Two points are worth emphasizing.

First, judges, like lawyers, dislike

being embarrassed. If they rely on a lawyer’s

submission and later discover it was

false, they will feel humiliated and never

forget it. That lawyer will not be trusted

again. Second, most judges are inveterate

gossips, and their favourite topic of

conversation is the lawyers who appear

before them. Therefore, when you mislead

a judge, all of their colleagues will

learn not to trust you.

• Protect your reputation with the bar:

In the heat of an argument, we sometimes

say things that we may later regret.

Part of being a professional is recognizing

that opposing counsel is doing

their job just as you are doing yours.

Unnecessary aggression in your submissions

will earn you a reputation of being

a difficult counsel.

• Understand that losing is part of the

process: You are going to lose cases. To

quote Sonny Corleone, “It’s not personal,

it’s strictly business.” Some cases are

simply unwinnable. In other instances,

upon reflection, you might conclude that

you could have approached the case differently.

Don’t let losses affect your confidence,

and don’t take them personally.

Take the lessons you can from a loss and

do your best on the next case. Lawyers

are much more than their running win/

loss tally.

• Things to avoid: Every judge has their

own idiosyncratic pet peeves. Here are a

few of my own.

• Don’t begin a submission with “With respect,

Your Honour.” You might think it

sounds diplomatic and tactful. However,

what the judge hears is something

like: “You aren’t very bright, so let me

explain this to you slowly…”

• Never ask, “Have you had a chance to

read the materials, Your Honour?”

• Don’t be familiar. Remember that you

are in a courtroom, and familiarity indicates

a lack of respect for the court.

• Remember, you’re not funny. Only the

judge is funny in a courtroom.

• Never be late.

• Never speak over the judge.

• Never direct comments to counsel; all remarks

should be addressed to the judge.

• Avoid saying, “I think.” A court is only

interested in what an expert witness

thinks, not what counsel thinks. Remember,

you make submissions; you

don’t offer your opinion.

Conclusion

I know that when you start your career as

a litigator, it often feels like you’ve walked

into a theatre in the middle of a showing.

Everyone around you seems to know what’s

happening, and you’re struggling to catch

up. But trust me when I say that over time,

you begin to feel more comfortable. You’ll

start to notice similar situations repeating,

and you won’t feel like you’re beginning

from scratch with each case. Slowly but

surely, you’ll develop your own litigation

style. And remember one important point:

the legal profession has a tradition of quality

training and mentorship. The lawyers you

admire benefitted from mentoring early in

their careers and are usually eager to share

the benefits of their experience. Don’t hesitate

to take them up on their willingness to

help you.

17



ADVOCACY

Courage

John Carlo Mastrangelo,

Lax O’Sullivan Lisus Gottlieb LLP

The best advocates rarely seek out comfort. The nature of their work—from navigating high-stakes,

bet-the-company disputes to defending the rights of the most vulnerable accused—seldom allows

for it. They are called upon when the pressure is highest, the scrutiny greatest, and the margin of

error smallest. And they remain human through it all.

For most, courage isn’t innate. It’s a learned skill, honed over years of quiet discipline—managing

difficult clients, trying and losing hard cases, taking risks that sometimes don’t pay off, standing

firm in the face of skepticism, and acknowledging one’s limits. It’s built into these mundane tasks

most instinctively try to avoid.

Still only in my seventh year of practice, I don’t claim to be a great advocate—not yet, and maybe

not ever. I haven’t been called upon to lead a multi-billion-dollar trial, or a groundbreaking

constitutional challenge, or the exoneration of

a wrongfully convicted person. But I’ve been

fortunate to watch courage up-close at the

highest level, and try it myself in smaller, less

celebrated moments.

So how does a young lawyer begin to practise

courage? I’ve found (mostly by error) that

the best place to start is the mundane stressors

of lawyering—the conversations we avoid

and emails we don’t want to send. Tell the client

immediately about the case you lost, no matter

how badly you think they might react. Schedule

the call with that difficult lawyer opposite you.

Acknowledge and correct that mistake. Defend

your views, opinions, and decisions when they

are being unfairly criticized.

These aren’t headline moments in anyone’s career.

They are the things we all want to kick down

our to-do list in favour of something more urgent,

or simply less unpleasant. Resist that. Lawyers who

learn to meet these minor discomforts will build a

tolerance for bigger discomforts. They will sooner

develop the trust, judgement, and confidence to

counsel clients in their most difficult moments.

There is also great value in saying yes to that

case no one wants. The one with bad facts, bad

documents, bad law, and sometimes all three. The

one that many of your colleagues had already politely

declined. For many associates, anonymity is

an option that some take. Again, resist that. Only

by putting your hand up will you experience the

kind of challenging work that lays the foundation

of a successful career.

It won’t be easy. You’ll lose cases—perhaps a

lot—but lose well, with skill and integrity. You’ll

eventually win a few along the way. Soon, your

colleagues and peers will take notice. Judges will

begin to listen to you carefully. Clients will ask for

you by name. And, ironically, you’ll find yourself

taking on work that puts you even farther outside

your comfort zone and tests your limits as

an advocate in ways you didn’t expect.

But like anything worth doing, you’ll find

meaning, purpose, and satisfaction in that

work. That’s why we chose this profession. So,

embrace the discomfort, send that email, return

that call, deliver that argument, and treat

every challenge overcome—no matter how big

or small, and no matter the result of the case—

as a win worth celebrating.

18 19



HEALTH & WELLNESS

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

www.universitycluboftoronto.com

Prioritizing Physical

Health and Wellbeing:

Advice for Young Advocates

Chase Salembier, Rose LLP and

Bronwhyn Simmons, Alberta Energy Regulator

The profession of law is often all-consuming. For many of us, the early years of a legal career are

particularly challenging because young lawyers are tasked with learning how to effectively practice

while also navigating the challenges of client and colleague expectations, billable hours, firm

events, ongoing legal education, and many other demands. It is all too easy for lawyers, especially

those beginning their careers, to prioritize work at the expense of their wellbeing. While it can feel

impracticable to prioritize physical health n the face of the work demands, it remains important to

find ways to stay active and eat healthily to ensure your wellbeing and prevent burnout.

21



Below, we have provided practical tips for

maintaining your physical health and integrating

wellness activities into your daily life

with minimal disruption to your legal practice.

If you are a junior (or any vintage) lawyer finding

it difficult to prioritize your physical health

and wellbeing, try starting with these fundamental

areas.

Find Time for Physical Activity

While the benefits of physical activity are

widely recognized, one of the biggest challenges

lawyers face is finding time to engage

in regular physical activity. Not only are lawyers

required to spend a significant time in

the office, they are also often expected to always

be responsive.

However, staying active does not require

prolonged and strenuous activity — any activity

helps in leading a healthy life and can often

be done at or nearby the office. Prioritize

short bouts of activity during the week, such

as going for a walk nearby during a break in

your work commitments. In fact, you may not

need to leave the office at all, as walking pads

(under-desk treadmills) can be used to fit

more movement into the day from the comfort

of your office.

Consider joining a gym in or near your office.

Engaging in exercise earlier in the morning

can often be an effective way to stay active,

as it may be more difficult to effectively

block off time during the day or to motivate

yourself to work out after a long workday.

Finding time during the weekend to engage in

physical activity you enjoy is an effective way

to stay regularly active without disruption to

your work week.

Prioritize Quality Sleep

It can be challenging to prioritize sleep in a

profession which is often rife with long nights

and early commitments. Good sleep is crucial

to physical health and mental wellbeing. It is

also important for the cognitive function required

to function effectively in practice.

Wherever possible, implement a consistent

sleep schedule which allows for sufficient

sleep (generally, at least 7 hours) to optimize

sleep on nights which do not require late

work commitments. Avoid “revenge bedtime

procrastination” or the delay of sleep in order

to spend more time on leisure activities.

This can exacerbate sleep issues, leading to

greater fatigue, reduced cognitive function

and other health issues.

Limiting exposure to screens at least 30-60

minutes before bed is important because the

blue light emitted by screens decreases feelings

of sleepiness and may also disrupt important

sleep patterns. Similarly, also avoid

stimulants such as caffeine or nicotine at least

6-8 hours before bedtime.

Skip Eating Out and Prioritize Balanced Meals

During busy times at work it is tempting to

forego cooking entirely and to purchase meals

instead. One of the best ways to avoid constantly

eating out is to meal plan for the week

ahead on the weekend, and to prioritize getting

groceries even if it means ordering them

by delivery.

Prioritize eating balanced meals containing

protein (such as chicken, fish, eggs, tofu,

lentils, beans, Greek yogurt) in order to support

muscles and keep you full; vegetables

and leafy greens to provide vitamins, minerals,

fiber and antioxidants; whole grains or

complex carbs (such as brown rice, quinoa,

oats, sweet potatoes) to provide energy and

fiber, and; healthy fats (such as avocado,

nuts and seeds) to support brain function

and satiety.

Prioritizing your wellbeing doesn’t have to

mean revolutionizing your lifestyle. Try incorporating

one or more of these small, actionable

tips at a pace that works for you, and give

yourself grace as you do!

TAS Video Collections

TAS Video Collections is a library of professional development programs

that you can rent and watch from the TAS website. Members, sole

practitioners, government lawyers, and litigators at small firms can

also take advantage of discount pricing .

Highlights from Family and Estates Law

This collection highlights some of the best programs we’ve offered in family and estates

law. Get tips from senior litigators, learn techniques specific to family and estates law,

and explore new perspectives on practice. Click here to view the full collection.

www.advocates.ca

22 23



PRACTICE

Finding Your Niche:

Roundtable Discussion on

Developing or Finding a

Specialized Practice

Tomislav Miloš, Milosevic & Associates and

Sara Romeih, Ross Nasseri LLP

Friends Who Argue - A TAS podcast jointly hosted by our

Choosing a specialization—or deciding when to make a career pivot—is an exciting step in a young

Young Advocates and Mid-Career Advocates. Friends Who

lawyer’s career.

Argue features intimate conversations with advocates from

In this roundtable discussion, three accomplished lawyers from diverse practice areas share

across Canada, who will share stories from their journeys as

their experiences transitioning into their niche areas of practice. They explain how they pursued

advocates. As litigators, we live in an adversarial world but we

their passions, overcame obstacles, and got their footing in their respective fields, offering a roadmap

for aspiring lawyers contemplating a leap into a specialized area of practice.

all have one thing in common - we are officers of the court who

are passionate about the profession of law and advocating for

our clients. We hope you find these conversations informative,

inspiring and most of all, entertaining. Now available on Apple

iTunes and Spotify . 25



What is your practice area?

ES: I specialize in sports law and employment

law. I represent professional and amateur athletes,

coaches, officials, sports organizations,

and sports governance and advisory companies.

What do you love about the work that you

are doing now?

ES: I love helping clients achieve their goals in a highstakes,

high-performance industry. Both sports

and employment law involve complex, dynamic, yet

very human, issues, making my work both exciting

and diverse. I’m often called upon when my clients’

sports careers may hang in the balance, or at a time

when their organization faces a crossroads.

How did you learn about this practice area?

ES: I always knew I wanted to be a sports lawyer.

Within days of starting law school at Osgoode Hall,

I was meeting with luminaries like David Zitzerman

at Goodmans LLP, long-time (now deceased) hockey

agent/legend Don Baizley of Thomson Dorfman Sweatman

LLP and Don Meehan of Newport Sports. I owe a

lot to these and many other professionals – Jim Bunting

and Paul Greene also come to mind – who took the time

to mentor me along the way. I try to pay that mentorship

forward in my own practice.

What were your areas of practice before transitioning

into sports law?

ES: Early in my career I transitioned from a solicitor practice

at one of the seven sister firms to work at a very small commercial

litigation boutique. That got me comfortable with being

uncomfortable. As a commercial litigator, I got exposure

to a ton of different areas of law including sports and employment

law from the earliest stages of my career.

How did you familiarize yourself with the fundamentals of your

new practice area?

ES: Early on, I put a heavy emphasis on reading everything I could find

and then quickly started putting out my own content. I started writing

about the legal aspects of the business of sport while I was in law school

and then I started blogging about the business and legal side of sports

in my first year of practice. I also attended all the networking events that I

could find and continued to reach out to experts in the field just to pick their

brains. Having genuine curiosity goes a long way.

What resources were most helpful in learning the ropes?

ES: Professional development programs focused on topics like sports and entertainment were

great for building basic knowledge. I took the Osgoode advanced certificate in entertainment law

which was a good way to meet other lawyers doing cool work.

Very early on in my career, I put myself on the pro bono list of the Sports Dispute Resolution

Centre of Canada and made myself available to help athletes and coaches in arbitrations for free.

What advice would you give to someone looking to practise sports law without an established

network?

ES: You need to be self-directed, determined and deliberate about immersing yourself in the industry

through attending events, contributing to publications, and engaging with other professionals

in the field.

Some practice areas are so prevalent that you can join a large firm and rest assured that

you’ll have that sort of practice without building it yourself; I call it getting on the escalator.

That is not the case in any niche area, be it sports or any other. There is no

escalator, and you have to carve your own path and build the practice from the

ground up.

What’s the single most important action someone can take to switch

practice areas successfully?

ES: Sticking to your plan and building credibility is the best way to make

a successful switch. It’s easy to get stuck doing what’s comfortable or

to get discouraged when you don’t see immediate results.

Building a new practice is all about momentum. It starts slowly, but

through consistent, daily effort, the rate of growth increases exponentially.

Eventually, your practice will hit a point where you suddenly

realize that you have made it. For me, it was around my

seventh year of practice when I could really start to look at myself

in the mirror and say, “I’m a sports lawyer” as opposed to

“I’m a lawyer with some sports files.”

Looking back, is there anything you would have

done differently during the transition?

ES: Like so many lawyers, I’ve struggled with imposter syndrome

and have been afraid to take risks. It’s a tough thing

to overcome, but I wish I’d been more daring, put myself

out there earlier in my career and had said “yes” to opportunities,

even if I doubted my skills. Saying “yes” and

taking risks is the only way to grow your skill set and

your practice. Early in my career, I probably scared myself

into saying “no” too often. If I hadn’t done that, who

knows where I’d be today. Don’t be me; push yourself

as much as you possibly can. Good luck!

26 27



What do you love about the work that

you are doing now?

AK: I really enjoy working with our clients to

find creative solutions to the issues they are

facing in their practices. I work with many

different types of regulated and health professionals,

healthcare providers, and health

organizations and associations. Although

it’s a niche area, the work within it is varied,

which makes every day interesting.

How did you learn about this practice area?

AK: I always knew that I wanted to work in

health law, but prior to law school, I didn’t appreciate

the many different areas and roles

“health law” could encompass. It wasn’t until

I started talking to health lawyers as a law

student that I began to understand the many

practice settings that fit under the “health law”

umbrella. Speaking to different lawyers that

practiced health law in various contexts helped

me narrow in on the area I wanted to practice in.

How did you familiarize yourself with the fundamentals

of your new practice area?

AK: Switching practice areas is a steep learning curve,

but having a genuine interest makes the learning process

a lot easier. I asked so many questions of all of the

lawyers at my firm (and continue to do so!). I also think it’s

very useful to familiarize yourself with any piece of legislation

that you will be regularly working with, and to stay up-to-date

on new case law as it is published.

Do you have any tips for junior lawyers developing their network?

AK: My one biggest tip would be to never turn down a coffee with anyone – if

someone is gracious enough to offer their time to you, it is always worthwhile to

meet with them. And always leave that meeting with the contact information for at

least one other person to talk to next!

What’s the single most important action someone can take to switch practice areas successfully?

AK: Do your research! If you’re hoping to transition into a niche practice area, it’s important that

you know what you’re getting into. You don’t want to switch practice areas only to find that the

new practice area does not live up to your expectations. Make sure you have learned enough

about the new practice area that you are hoping to transition to before you make the jump, so

that you can be sure of your decision.

What were areas of practice before transitioning into your current practice area?

RS: As a summer and articling student, I was mostly practicing general commercial litigation. I

switched into the area of competition and foreign investment law in 2020.

How did you familiarize yourself with the fundamentals of your new practice area?

RS: There was a lot of self-studying, mostly during my articling year, since my firm at

the time did not have a competition group. My law school notes and a textbook

from a course that I took, “Regulation of Competition”, were also key. When I

moved to a national firm as a first-year associate, I knew that I had to hit

the ground running and that the transition to a Bay Street practice had

a steep learning curve.

Do you have any tips for junior lawyers developing their network?

RS: To me, it boils down to touchpoints and trust. The more

touchpoints you have with someone (whether a partner or external

client), the easier it is to take more substantive steps

to develop a positive relationship, ask for and receive

work, and ultimately add value as a junior associate. A

simple example is meeting someone at a conference.

Instead of simply chatting for a few minutes, instead

make the additional effort to also give them a business

card, send them a follow-up email, and add

them on LinkedIn. You could also keep your new

contact updated on new developments in your

area of law. In addition, junior lawyers should

prioritize developing their technical skills to a

point where those skills are known and supported

by others, both inside and outside

of the firm.

Looking back, is there anything you

would have done differently during

the transition?

RS: The main thing that I would have

done differently is finding time to recharge.

Balancing a new area of the law

(and needing to become very good at it

in a short period of time), while developing

work relationships and committing

to the practice with extra-curricular

activities, can easily eat away at all

your free time. Looking back, I would

have carved out more time for myself

to zoom out and recalibrate before

jumping back into action the next day.

28 29



Q. What drew you to practising international trade litigation? Is it something that you fell into

or is it something that you wanted to do since law school?

A. A bit of both. It was a little bit of being at the right place at the right time, but I always had an interest

in international trade law. When I was in law school I mooted in the Jessup Moot and the fact problem

that year had World Trade Organization components, which I found really enjoyable and interesting.

Then I did a placement with the Department of Justice’s Trade Law Bureau for a summer, which was

fascinating work. From there I started practicing in general civil litigation. I had always heard that Mc-

Millan had a strong international trade team, and I was lucky enough to start taking on trade litigation

files with that team. Then I eventually made the move from the Vancouver office to the Toronto office

and joined the international trade law team full time.

INTERVIEW

Interview with

Gray Morfopoulos,

McMillan LLP

Compiled by Michael Hodgins, MD Lawyers and

Folu Adesanya, Whitelaw Twining (Ontario) LLP

Q. What is the nature of international trade litigation and what do you enjoy about the work?

A. The advocacy work in international trade litigation is relatively different from that of commercial

litigation. The bulk of the advocacy is written or before the Canadian International Trade Tribunal. Tribunal

litigation is less rigid than civil litigation in the courts, which I have enjoyed.

I find the substance of the work and the questions that we face interesting. International trade law

is at the intersection of where law meets economics, so we get to work with some very sophisticated

companies. Our advisory work also has immediate downstream effects, especially when our clients

are dealing with such turbulent times.

Q. How has your practice changed in recent months?

A. The bulk of our work lately involves reviewing and understanding commercial agreements that

companies have to determine where the tariff liability lies for each party so they can understand their

exit or renegotiation options. In cross-border trade agreements, certain levels of tariffs make them no

longer commercially feasible, and in those situations we help our clients navigate their next steps. That

urgent work is in addition to our longer-term trade litigation files.

Gray Morfopoulos (he/him) practices regulatory and international trade advisory work and litigation

as part of McMillan LLP’s international trade law team. He advocates for businesses navigating complex

regulatory regimes, and has a particular focus on tariff advisory work and trade remedy proceedings.

Gray has also appeared before the British Columbia Supreme Court, the British Columbia

Court of Appeal and the Federal Court of Canada.

Q. Are there international trade litigation cases coming out of the tariffs?

A. We are seeing a historic amount of trade remedy cases as businesses look to initiate cases to deal

with unfair trade. In terms of commercial disputes flowing from the tariffs, I have not seen any filed

yet, but there certainly are some coming down the pipeline. I think the parties are looking at contractual

renegotiation options at the moment and it may take a while for disputes to bubble up and turn

into litigation. But we have had free trade with the US for so long that those future disputes may be

unprecedented and unpredictable.

30 31



Q. What are the challenges of working in international trade law right now?

A. The ever-changing landscape is of course the main challenge. We are seeing the situation change

day-to-day, which makes it difficult to keep up with the law and update our advice to the clients accordingly.

When I was doing civil litigation, the law did not change very often and when it did, it was at

a slow pace. Now I am in a field where the state of the law is changing daily. There was a steep learning

curve as I transitioned from civil litigation to international trade litigation. The tariffs exacerbated that

learning curve for me. I have been forced to become a subject matter expert very quickly.

Q. How have you dealt with those challenges?

A. I was really fortunate to have great mentors at the firm when I was in civil litigation. I was given

opportunities to get on my feet in court and learn new skills quickly. Plus, they instilled in me the importance

of giving high quality advice and service to clients, which is certainly always important. Now

that I have moved to the international trade law team, I am thrilled to have the top experts in the field

as my mentors. They have helped me navigate my transition and are doing a great job at creating opportunities

for the next generation of trade lawyers.

TAS Video Collections

TAS Video Collections is a library of professional development programs

that you can rent and watch from the TAS website. Members, sole

practitioners, government lawyers, and litigators at small firms can

also take advantage of discount pricing .

Artificial Intelligence for Litigators

Q: What advice would you give your younger self with respect to your practice?

A. I would tell myself not to plan ahead so much and just take the opportunities as they come. And to

not be afraid to pivot. I think there is always some anxiety about how your career is supposed to look

when you are starting out, but I look back and realize I did not have to be that anxious about it.

Q: What is your idea of perfect lawyerly happiness?

A. The best part of this job is getting to work on interesting problems with good people. When the

work is challenging and on the cutting edge, and you get to work through the legal issues with people

that are supportive and smart, that is all I can ask for in a job.

The award-winning Artificial Intelligence for Litigators series will get you up to speed on how rapid

advances to AI are impacting litigation practice. Click here to view the full collection.

The Advocates’ Society

Meeting & Events

Rental Facility

LEARN MORE

www.advocates.ca

33



Toronto Fireside Chat on Advocacy

March 18, 2025 | Toronto, ON

Advocates in Action

As part of our mission to be a voice for

advocates, The Advocates’ Society (“TAS”)

undertakes initiatives that seek to improve

access to justice, promote diversity and

inclusion, protect judicial independence, and

make submissions on matters of significance

to the legal profession. Advocates in Action

is here to keep our members informed about

and engaged with the Society’s important

advocacy work.

Tomislav Miloš, Milosevic & Associates

Sydney McIvor, Durant Barristers

CLICK HERE TO READ PAST ISSUES

Left to right: Moderator Yadesha Satheaswaran, Ministry of the Attorney General-Criminal Law Division, The Hon. Justice Fred Myers,

Ontario Superior Court of Justice, Jordana Bergman, Eden Wellness, Professor Benjamin Berger, Osgoode Hall Law School

35



Sixième édition du Souper de mentorat

9 avril 2025 | Montréal, QC

36 37



Wine & Cheese with the Bench

April 10, 2025 | Toronto, ON

Young Advocates’ Speed Mentoring

May 6, 2025 | Toronto, ON

38 39



www.advocates.ca

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!