WHAT LAW SCHOOL DOESN’T TEACH YOU ABOUT GOING TO COURT

Mar 5, 2026

In law school, we learn how to read a set of facts, find the legal issues, the applicable legal tests, and apply them to answer some hypothetical question.

What we do not learn, at least not in detail, is how to prepare for court in practical ways, aside from knowing the law. This is where the articling experience comes in.

So far, in my articling term at Casey & Moss LLP, I have been fortunate to attend, observe, and even speak in court. I was understandably nervous at first, but I came to appreciate that pre-court nerves are part of the process, and everyone experiences them in some way or another (or so I’ve been told…).

Setting aside the inevitable nerves, my in-court experiences have taught me practical lessons that extend beyond what is covered in law school lectures. I share a few of them below.

Lesson 1: You Need to Read the Practice Directions. Then Read Them Again.

Before you step into a courtroom, you need to have read and understood the practice directions for that specific court. In fact, before even getting to the court part, you need to ensure that your filed materials comply with the court’s filing requirements.

Thankfully for me, at Casey & Moss LLP, our lawyers are diligent about updating one another on interesting finds in the practice directions and drawing attention to any important changes or new discoveries in the filing requirements.

As an articling student, I’ve witnessed how staying on top of these changes translates into preparation for court: A lawyer who knows the law can make an argument, but a lawyer who knows the law and the practice directions can make sure to have that argument heard.

Lesson 2: If You Raise It, You Better Know Where It Is in Your Evidence

Observing courtroom advocacy taught me that every oral submission must be grounded in the evidence, and that counsel must know precisely where that evidence can be found.

This means knowing:

  • The specific document in the evidentiary record that supports each part of your submission;
  • The Case Center reference for where it can be located;
  • The exact paragraph or page number you intend to direct the judge to; and
  • What you are asking the court to take away from that particular passage.

That level of familiarity does not happen by accident. Hours of prep go into it.

But there is also something reassuring about watching experienced counsel field questions from judges in real time. When asked a difficult question, they do not panic. Often, they respectfully pause their submissions to acknowledge the question, clarify what is being asked if needed, and either provide the pinpoint to the answer or ask for a brief opportunity to retrieve it during a break.

As the articling student, this often means you were diligently taking notes of the judge’s questions and flipping through the record, locating the exact document or paragraph, and flagging it for supervising counsel before submissions resume.

To do this effectively, I have found it essential to:

  • Read the pleadings and all materials before the court in advance. Reviewing them close enough to the hearing date to remain familiar with the details makes a significant difference in how well you can follow submissions and understand the issues as they unfold.
  • Become comfortable not only with the evidence itself, but also with the platform that houses it. In matters before the Superior Court of Justice, that platform is Case Center, the court’s mandatory document-sharing system. Being able to navigate it quickly and confidently is a practical and meaningful way to support counsel during a hearing.

Lesson 3: What To Wear to Court

Courtroom wardrobe logistics are not discussed in law school.

Some attendances require robes. Others, such as case conferences, do not (but read the practice directions to be sure!).

For now, as an articling student, my uniform is usually a black blazer. No one expects me to appear in robes I do not yet have, so at this stage, I am thankfully spared the added stress of wondering whether my robes are at home or at the office, though I understand that day will come soon enough.

But even when robes are not required, the setting remains formal, so suit jackets and blazers are always a good option when in doubt.

Lesson 4: You Can’t Drink Coffee in Court!

One of the most devastating news I found out through experience rather than education was that you cannot drink coffee in court. Nor can you eat anything, or chew gum. But hey, at least you can drink water!

Preparation includes these practical considerations. Eat beforehand. Bring a snack for the break. If you plan to grab lunch nearby, make sure you leave enough time not only for the food to arrive and to eat, but also to debrief with counsel or take care of any last minute tasks during the recess. As a student, and even as counsel, breaks may often be spent researching, finding documents, or tracking down pinpoints, so having food handy is always a good idea.

There are also smaller details that matter, many of which I learned through guidance from helpful court staff:

  • Your jacket should not be draped over the back of your chair, or lounging on top of a seat. Keep it on your lap or neatly tucked away behind your chair.
  • If you are taking notes, make it clear that you are doing so for legitimate reasons. Recording a court proceeding is not permitted in any shape or format. If you are typing on a phone or tablet, it can easily be misunderstood. It is better to clarify at the outset to court staff, before the hearing commences, that you are taking notes to assist counsel and are authorized to do so, and for no other purpose.

 

Those are all my list of lessons learned for now!

If you have others that I missed, feel free to send me an email: fseddigh@caseyandmoss.com. I’ll take all the courtroom tips I can get.

 

Fara Seddigh
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.

WHERE THERE IS A FOREIGN WILL, THERE IS A WAY

Apr 26, 2024

In my previous blog about probate, we discussed what “probate” or a “Certificate of Appointment of Estate Trustee” is, and the different residency and security requirements for probate in Ontario, depending on whether the deceased person had a Will. Sometimes, clients will come to us having already obtained probate or been appointed as estate trustee in a jurisdiction outside of Ontario, then discovering that the deceased owned a bank or investment account in Ontario and needing Ontario probate to get that asset liquidated. In today’s global landscape, we are encountering these situations with increasing frequency.

Where the deceased did not have an Ontario Will, the Estates Act provides that estate trustees can apply for a “Resealing of Appointment of Estate Trustee” or an “Ancillary Appointment of Estate Trustee” in Ontario. Resealings and ancillary appointments have the same effect of recognizing the foreign grant of probate in Ontario as if it were originally granted by the Ontario Superior Court of Justice. In other words, a resealing or ancillary appointment will provide the estate trustee with authority to act on behalf of the estate in Ontario and administer the Ontario assets. The difference between the two is where the original grant of probate was obtained.

Where the applicant was appointed as estate trustee by a court (a) outside of Ontario but within Canada, or (b) outside of Canada but in a Commonwealth country, they should seek a Resealing of Appointment of Estate Trustee. The applicant does not have to be an Ontario resident, and their foreign estate trustee appointment could have been made with or without a Will. A bond is required unless the original grant of probate was made with a Will and the applicant is a resident of Canada or elsewhere in the Commonwealth. The amount of the bond may be dispensed with or its amount reduced by the court in special circumstances.

If the applicant was appointed as estate trustee by a court that is not part of the Commonwealth, they should seek an Ancillary Appointment of Estate Trustee. The applicant does not have to be a resident of Ontario. A bond is required unless the applicant is a resident of Canada or the elsewhere in the Commonwealth. The amount of the bond may be dispensed with or its amount reduced by the court in special circumstances.

If you find yourself unsure about what kind of probate to apply for or which forms to submit, feel free to reach out to our team and schedule a consultation with us.

 

Zara Wong 

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.