FRIDAY AFTERNOON WITH VINNY

Jul 19, 2024

We moved into our office two years ago and there was always something (ahem… billable work) which put us off hanging art on the walls. When we finally got some pieces a few weeks ago we realized we didn’t really want to hang them ourselves. So Cara Zacks asked the local shop that had printed them for us if they knew someone who could do it. The owner, Vinny, said he would be glad to do it himself on the Friday before the Canada Day weekend. This was perfect as we had given our staff the day off.

When Friday morning turned to afternoon and then late afternoon, Laura Cardiff and I had our doubts Vinny would show but Angela Casey, eternally optimistic, had no qualms whatsoever, and right she was again. Vinny arrived while I was wrapping up an intense potential client call. When it ended, l wanted nothing more than to head home and forget about the week. But when I opened my office door there was Vinny, standing rather precariously on our furniture, attempting to hang art all the while laughing and trading tales with Angela. I knew I wouldn’t be leaving this party anytime soon.

It quickly became clear to us that Vinny (who never represented himself this way) was not a professional picture-hanger. Exhibit A: he came without a tape measure. Exhibit B: his frequent exclamations of “well, I cocked that up!” whenever he messed up a measurement. But Vinny’s humour, enthusiasm, and can-do attitude made up for any shortcomings in his skills.

The three of us worked together to hang the canvases over the course of a couple hours. What would have otherwise been an uneventful Friday afternoon turned into a fun kick-off to Canada Day weekend.

Cheers to all of the Vinnys who make life brighter, in the most unexpected ways. And check out Mr. Photo Canvas for all your photo canvas printing needs!

 

Angelique Moss

Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.

ARE YOU A BARRACUDA?

Jun 7, 2024

From time to time, when meeting with a potential client, I get a question along these lines:  “Are you aggressive?  I need a lawyer that is going to be a barracuda.”

Do they though?  Some clients think what they need is a lawyer who is going to write nasty five-page letters punctuated with threats and sarcasm, ending with “Govern yourself accordingly”.  However, a nasty letter writing campaign between two blow hard lawyers doesn’t accomplish much other than to add to their clients’ legal bills.

When I first became a lawyer, I thought I would have to change my personality to earn respect as a litigator.  When acquaintances learn that I am a courtroom lawyer, they often respond with something like, “But you are so nice!”  Erin Cowling’s blog post about being a litigator who hated conflict really spoke to me, as I too used to wonder if I was too sensitive for legal warfare.

With time, I have come to believe that an excellent advocate acts strategically, not aggressively.  Being strategic means creating a litigation map to get what your client needs.  It means thinking through what your opponent is likely to argue and what a judge is likely going to need from you.  It means breaking down cross-examination questions, editing them and re-ordering them until you have the right questions in the right sequence. Great advocates don’t yell the loudest.  They take the raw materials of their client’s story and mold it into a compelling narrative.

Some of the best advocates I have encountered are likeable, cooperative, and kind. Good listening skills, sensitivity, and empathy can be superpowers in law.  Detecting small word choices in a witness leads to better follow up questions.  Sensing a judge’s reaction to your legal argument helps you make adjustments on the fly.   Empathy builds trust when I am working as a mediator, and trust helps pave the way to settlement.

My advice to law students thinking of a career as a litigator?  Don’t worry if no one has ever compared you to a “ferocious, opportunistic predator” (as Wikipedia describes a barracuda).  Bring your unique gifts to the counsel table.

 

Angela Casey

Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.

ANGELA CASEY QUOTED IN “WHAT TO KNOW IF YOU PLAN TO CUT YOUR KIDS OUT OF YOUR WILL”, GLOBE AND MAIL ARTICLE

May 5, 2022

Angela Casey was recently quoted in the Globe and Mail article, “What to know if you plan to cut your kids out of your will”.

“Angela Casey, an estate litigator who is a partner at Casey and Moss, a boutique law firm in Toronto specializing in estate and power-of-attorney disputes, points out that the Ontario Court of Appeal has confirmed there is no obligation to leave anything to an independent child over 18.

“But if you have a child who is financially dependent on you, you have an obligation to provide for that child in your will, or in some other way,” she says.

For example, if you’ve been providing free housing to your children, they can argue they’re dependent and apply for relief under the province’s Succession Law Reform Act. Ms. Casey has seen this happen even in wealthy families where kids argue they “had always been on the ‘family payroll’ and they successfully brought a dependent support claim for millions of dollars.”

The most common ground of attack when an independent child is left out of a will is to challenge it as invalid. Ms. Casey says this can be because the parent was subject to undue influence, for example, manipulated by one of the other children, or because the parent didn’t have the mental capacity to understand the terms of the will, which can especially be argued as people age and their cognitive abilities decline.

The best way to protect against such attacks is to document your reasons, Ms. Casey says. This should be done by a lawyer with a good reputation who knows you fear that the will might be challenged.

“Spend the time and money before your death to safeguard your wishes,” she says.”

For the entire article, visit https://www.theglobeandmail.com/life/article-what-to-know-if-you-plan-to-cut-your-kids-out-of-your-will/