Sep 12, 2024
When I first told friends, family, and even my hairdresser that I’d be spending my summer working in the field of Estate Litigation, the response was often a puzzled, “Why Estates?” In fact, some even threw in the casual “Have you considered corporate? They make so much money.”
My usual response was that I’m quite confident about my decision.
I really enjoyed Wills and Estates in law school, I did reasonably well in my Civil Procedure class, and I also had some personal experiences that sparked my interest in Estates Lit. Plus, as an avid fan of reality TV shows centered on family drama, how could I resist?
But, in reality, I was a bit anxious and unsure of what to expect – was it too early to jump into such a niche field of law? Was I really limiting myself, or conversely, was I biting off more than I could chew by working in an area that required such specific expertise?
Now, as the summer work term comes to an end, I’m happy to report that all these minor anxieties were based on misleading perceptions about what the field of Estates Lit was all about. Having spent nearly four months in this work, I am now even more confident in my decision to pursue it as a career.
For all my fellow anxious law students exploring career options, here’s why Estates Litigation is so awesome:
1) It’s a Surprisingly Comprehensive Practice
There’s no denying that Estates Lit requires a specific set of skills and knowledge that can only be acquired through experience in the field. The practice of Estates Lit itself, however, is not nearly as niche as people may think. This summer taught me just how expansive and multifaceted this filed is, as our cases regularly drew on family law, tax law, real estate, and even some corporate/commercial law considerations.
In reading email exchanges on these files, I noticed that estates lawyers rarely handle purely estate issues, and that they must constantly consider how the matter at hand could impact other non-estates aspects of a client’s life. To really excel in Estates Lit, you will likely need to be familiar with (or at least have a well-established network of professionals in) various areas of law.
2) Quick Thinking and Creative Problem-Solving
What truly captivated me about Estate Litigation was the creativity and nuance required in its practice.
As I sat in on mediations, hearings, and even client calls, I watched and listened to lawyers think on their feet, sifting through a range of reasonable alternatives to find the best solution. Nine times out of ten, the lawyers had to manage delivering accurate legal advice under tight time constraints, all while navigating the emotionally charged atmosphere that often accompanies estates disputes.
At first, it was daunting to witness how effortlessly they managed these challenges, but as the summer progressed, I began to understand the skill and dedication that underpinned their success, discussed in point 3 below.
3) A Commitment to Growth and Learning
One of the most valuable lessons I learned this summer is that Estate Litigation is anything but
stagnant, and the skills required to excel in it are ever-evolving. The lawyers at our firm routinely committed to advancing their knowledge and skills, some by attending Ontario Bar Association seminars, others by engaging in lively LinkedIn discussions about the latest developments in the law, and many by continuing their education via specialized courses and certifications that enhanced their Estates Lit expertise.
This commitment to continual learning showed me that even the most experienced associates and partners in the field of estates remain students of the law—a key trait of the truly great practitioners.
4) Making a Real Impact
Before this summer, I hadn’t fully grasped the profound impact that Estate Litigation can have on clients. Yes, all litigation can be costly and stressful, but Estate Litigation carries the added weight of emotional histories, close relationships, and family dynamics.
The disputes often revolve around items of significant sentimental value or deeply personal matters, making the stakes feel incredibly high. It was here that I saw the true power of this field: the ability to help clients navigate some of the challenging and emotionally fraught moments of their lives. The satisfaction of knowing that our work could bring resolution and peace of mind to these individuals was incredibly rewarding.
5) The People are Great!
When interviewing for this position, I was told that the Estates bar is known for being very friendly, and my summer experience truly was a true reflection of this statement. I recognize that what made my work so enjoyable wasn’t just the nature of the legal issues or the files, but rather the people I worked with and learned from.
No field of law exists in a vacuum – if you take a course in Tax Law, knowing you hate all things tax, but happen to be taught that course by a stellar professor, you may find yourself considering a career in tax. This may have been what happened in my case. I got to learn about Estates Lit from a team of colleagues who cared about mentorship and collegiality, which is how I found myself excited to come into work every day.
For all of these reasons, I absolutely cannot to return next summer to complete my articles at a great firm, in a great field of law.
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.
Aug 29, 2024
Casey and Moss were recently recognized amongst an esteemed group of firms in the Top 10 Wills, Trusts and Estate Law Boutiques 2023–24.
READ MORE HERE ➤
Aug 9, 2024
Pop science is full of theories as to what effect birth order has on one’s personality, and how it influences behaviour and shapes development. Eldest children (especially daughters) are said to responsible and high achievers. Middle children are social and rebellious. Youngest children are charming and manipulative.
Theories link education and IQ to birth order, as well as risk tolerance. You can read studies suggesting that birth order will shape your career, romantic partnerships, and physical health. Some psychologists believe these differences exist even outside cultural norms that treat children differently based on gender or birth order.
So, does birth order also influence estate litigation?
In our practice, disputes among siblings are common. The parties to a will challenge or other estate dispute are often the Deceased’s children. And while there may be no science supporting a link between birth order and personality, people do tend to play a certain role in their family, whether a result of those roles being foisted upon them, because they have voluntarily taken them on, or because of more nuanced ways that people develop in a relation to other people.
In estate litigation, as with any dispute among family members, those childhood roles can rise to the forefront, pulling siblings into the same dynamics they had growing up. This can be deeply upsetting, and add to the emotional toll of litigation. It can also contribute to parties becoming entrenched in their positions. For this reason (and many others), anyone involved in litigation against family members should be sure to seek out support, including from friends, a therapist (always a good idea!), and some basic self-care. While your lawyers can advise you on the risks and benefits of various legal positions, there may be other interpersonal dynamics at play in the background, and there are other important considerations, including personal wellbeing and the health of family relationships, to take into account in making decisions in your litigation. These aren’t commercial disputes among arms’-length parties, and it’s rarely as simple as one side being right and the other wrong.
Laura Cardiff
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.
Jul 26, 2024
Accepting my offer at Casey & Moss was an exciting moment for me. However, as my start date approached, my nerves set in – what will my 2L summer look like? Reflecting on this summer, I can confidently say it has been one of the most rewarding experiences of my law school career.
To give prospective students an idea of what it’s like to work at Casey & Moss, I decided to share my experience working here this summer.
You dive right into the (interdisciplinary) world of estate litigation
Estate litigation combines elements of family law, real estate, tax, civil litigation, disability and at times, even criminal law. During my summer, I had the opportunity to engage with complex legal issues, such as disputes over wills, guardianship matters, and fiduciary obligations. Each case presented a new challenge, requiring meticulous attention to detail and a deep understanding of the legal principles governing estate law. I often found myself reviewing notes from not only wills and trusts courses, but also tax and civil procedure, and I quickly became familiar with family and real estate law.
Hands-on learning and mentorship
One of the highlights of my summer was the hands-on experience I gained through working closely with the Casey & Moss team. From day one, I was entrusted with substantive tasks that allowed me to develop my legal skills. Whether it was drafting pleadings, conducting legal research, or assisting in client meetings, I always felt like a valued member of the team.
The mentorship at the firm has been invaluable. Whether it was a lawyer on file or a partner, everyone was always willing to share their knowledge and offer guidance. Their feedback on my work helped me refine my legal writing and analytical skills, and their open-door policy ensured that I never felt hesitant to ask questions or seek advice.
Courtroom exposure and advocacy
This summer, I attended several hearings, both on Zoom and in person, at various courts (including the Ontario Court of Appeal!). I saw the real-world application of concepts I had studied and researched, and I gained a practical understanding of litigation strategies and procedural nuances.
I also had the privilege of observing several mediations. Observing mediations offered a firsthand look at the art of negotiation and the delicate balance between advocating for a client’s interests and finding common ground with opposing parties. This experience underscored the importance of patience, empathy, and creativity in resolving disputes outside the courtroom, providing me with a deeper understanding of how effective mediation can lead to satisfactory outcomes for all involved.
A collaborative firm culture
Casey & Moss truly has a fantastic firm culture. The firm holds numerous team meetings every month, where everyone can share their ideas, express concerns, and collaboratively discuss legal strategies. This collaborative approach not only enhanced my learning experience but also demonstrated the importance of a supportive work culture in achieving successful outcomes for clients.
Conclusion
As I return to law school for my final year, I carry with me the lessons learned and the confidence gained while working at Casey & Moss. My time here has been nothing short of transformative. Big thanks to everyone at Casey & Moss who has made my summer such a rewarding experience.
Finally, if you are a current law student who is interested in chatting more about my experience at Casey & Moss, do not hesitate to reach out!
Diana Begaliyeva
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.
Jul 9, 2024
When you find yourself in a situation where you need to contact an Estates lawyer, you might ask yourself: What should I have ready? In all matters involving Wills, Estates, incapable persons, and so forth, it is essential that you have the appropriate information at the ready.
1. Your Name and Contact Information
Intake calls are meant to gather essential information about you, as a potential client, and about the matter at hand. Oftentimes, the first thing a clerk will ask you for is your full name and contact information (e.g., phone number, email, etc.). This is necessary so that the firm can keep track of their potential clients, ensure prompt and effective communication, and schedule introductory meetings with potential clients.
2. The Name and Date of Death of the Deceased or The Name of the Incapable Person
During an intake call, the clerk will ask you whether the matter involves a deceased or incapable person. For a matter involving a deceased person, the clerk will require their full name and date of death. In the case of an incapable person, the clerk will only require their full name. This information is required to complete a conflict search (which I will discuss in the next section).
- If There is a Will or No Will – (Deceased)
- If the matter involves a deceased person, the clerk will ask whether they died with a will (“testate”) or without a will (“intestate”). This is so that the assigned lawyer knows whether instructions have been left about the distribution of Estate assets.
- If There are POA Documents – (Incapable)
- If the matter involves an incapable person, the clerk will ask whether there is/are Power of Attorney(s) for personal care and property. This is so that the assigned lawyer knows whether there is someone to make decisions on behalf of the incapable person with respect to their care and property.
3. All Parties Involved in the Matter
When law firms take calls from potential clients, it is required by the Law Society of Ontario (LSO) that the responsible lawyer clerk, etc. complete a conflict search of all names involved in the matter. This way, we can ensure that we are not currently representing (or have previously represented) any parties involved, which would create a conflict.
Any significant persons involved in the matter need to be shared with the correct spelling of their name, any names they are “also known as”, as well as their role in the matter. For example, you need to explain whether the individual is an Estate Trustee, Beneficiary, Power of Attorney, etc.
4. A Brief Summary of the Situation At-Hand
By providing a brief summary of your matter, the clerk can gain a better understanding of the services you require and determine whether their firm would be best suited to your needs.
For instance, you can discuss any general issues you have encountered with other parties, and how it may be interfering with the administration of an Estate. This communicates what type of matter the firm might be dealing with and the next steps the assigned lawyer would need to take.
While specific questions about fees and retainment cannot be discussed at the time of the intake call, providing this information is essential for Estate lawyers to fully understand your situation and know how to best help you.
Hannah Henley
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.
