Oct 2, 2024
I was fortunate to participate in my first trial at the Superior Court of Justice just a couple of weeks ago. It was an eye-opening experience that challenged me and taught me many invaluable lessons. Here are four key takeaways and observations from those two weeks:
You Can Never Be Over-Prepared
It goes without saying that the cornerstone of success in any trial is preparation, preparation, and more preparation. There is a ton of work in the lead-up to a trial, and not enough hours in the day to juggle trial prep and your other files. It is essential to plan out your trial prep weeks in advance, ensuring that you can meet both your other professional and personal obligations. Start as early as possible.
Do you have expert witnesses? Schedule several preparation sessions with them as soon as you can. Remember that your expert witnesses have other professional commitments so it is crucial to allocate ample time with them to discuss their expert report, practice your examination questions, and refine those questions with their input.
Your client, if testifying, will need thorough preparation as well. Conduct practice cross-examination sessions with them to anticipate challenging questions that they may be asked by opposing counsel. It’s not uncommon for clients to be caught off-guard by how easily gaps are identified in their testimony. A key aspect of preparing your client is foreseeing the weaknesses in your case and considering what opposing counsel may target during cross-examination.
Lastly, read and re-read all pleadings, documents, reports, and transcripts. You never know what details you might catch on subsequent review that will be helpful, even incrementally, to your case.
Learn by Observing and Collaborating
I was lucky to work with counsel whose clients’ interests were aligned with my client’s in this trial. Working as a team allowed us to divide up tasks and responsibilities, which made trial preparation not only more manageable but also more insightful and effective. We brainstormed and ran ideas by each other, had multiple perspectives and fresh sets of eyes in drafting pleadings and other written material, and leveraged each other’s strengths.
As this was my first trial, collaborating with experienced trial lawyers was invaluable. I was not shy about calling or emailing them when I had questions, and they were gracious about sharing their knowledge and tips with me. Their guidance taught me a lot about the nuances of trial and courtroom procedure.
Additionally, I gained a wealth of knowledge by observing both aligned and opposing counsel during chief and cross-examinations and when addressing the court. Watching their oral advocacy techniques, strategic approaches, and courtroom demeanour taught me a lot about effective advocacy and legal practice.
Go With the Flow
No matter how much you prepare, prepare, and prepare in advance of trial, surprises are an inherent part of trials, and maintaining flexibility is important. Whether it is a last minute witness schedule change, technology issues, or an unexpected objection from opposing counsel, you need to be prepared to adapt and adjust.
If a line of questioning isn’t eliciting the responses you expected, be prepared to adjust your strategy, rephrase your questions, or move on revisit that question again later. It’s normal to feel frazzled when things don’t go as planned, but stay calm as best as you can. Maintaining your composure will help you think clearly and respond effectively.
While thorough preparation lays the foundation for a smooth trial, your ability to adapt in the courtroom is equally important in being an effective advocate. Embrace the unexpected, and turn challenges into learning opportunities.
There is Always Room for Improvement
As lawyers, we should strive for excellence, but it’s important to acknowledge that perfection is unattainable, no matter how many years of experience or trials you have under your belt. At the conclusion of every case, it’s natural to look back and think about that one additional question you wish you asked, how you might have rephrased a key point in your closing arguments, or the objection you wish you had raised.
Instead of dwelling on what you perceive to be mistakes, view them as valuable opportunities for reflection and growth. Each case and trial is a chance to learn, refine your legal knowledge and advocacy skills, and set the stage for future success. Adopting this mindset allows for continual improvement and ultimately makes you a better lawyer and more effective advocate for your clients.
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.
Sep 12, 2024
Typically, the expectation when someone dies with a Will is that the beneficiaries named in the Will inherit the estate. Similarly, if someone dies without a Will, it seems reasonable to assume that the estate will be distributed to the beneficiaries established under the rules of intestacy in the Succession Law Reform Act.
While this is all true, there may be a person (or even more than one person) not named in the Will, or who isn’t a beneficiary according to the rules of intestacy, but who is still entitled to funds from the estate, if that person is considered a dependant of the deceased. These dependants may make a claim against the estate for funds, even if they aren’t estate beneficiaries.
When a dependant claims support from an estate, this may mean that beneficiaries end up inheriting a smaller portion of the estate than they otherwise would. It also means that assets that typically pass outside the estate, like an insurance policy, a registered account like an RRSP, or even a jointly owned property, may be considered part of the estate for the purpose of the dependant support claim. This is the case even if these assets have already been distributed to the beneficiaries.
But who qualifies for dependant support from the estate? There is a two-part test set out in the Succession Law Reform Act that helps answer this question. First, the person claiming support must be a dependant of the deceased, meaning they were either a spouse, parent, child, or sibling of the deceased to whom, immediately before death, the deceased was providing, or had a legal obligation to provide, support. Note that “spouse” includes a common-law spouse who was never married to the deceased.
If the person fits within the definition of “dependant”, the next part of the test is to determine whether the deceased made adequate provisions for proper support of that dependant. For example, is that dependant already a beneficiary of the estate receiving proper support? Or is that dependant a beneficiary of the deceased’s life insurance policy and already receiving proper support that way? If not, the dependant may be able to bring a court application for support from the estate.
Lawyers can advise potential dependants, as well as estate trustees, on whether there is a potential dependant support claim, when that claim must be brought, and how it may impact the distribution of the estate.
Cara Zacks
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.
Sep 12, 2024
As an intake clerk, you are the first point of contact for your firm.
The caller is a potential new client and immediately you know this is an important call and how you handle this caller will determine whether the firm will be retained. Someone needs your help.
Some callers are precise and know what they want. If it is not within your firm’s scope of work, you immediately advise them this is not within your area of law and if possible, give the caller the names of two other law firms you think may be able to help them. Most callers are thankful when you can recommend another law firm based on their matter.
Then you have the callers who have done their research and checked your website so when they call, they already know your area of practice and can state clearly what they need help with. This makes it much easier for the intake clerk as this caller is prepared and can readily give you the information you need.
Often, callers have just lost loved ones. They are usually grieving and unsure about how to proceed with the next step for their individual matter. The added issues with beneficiaries and the value of the estate can be stressful.
This is where your skills come in as an intake clerk. You should be patient, compassionate and alert as it may take 10-20 minutes to obtain the key facts and details of the caller’s story.
In this case you should:
a) Listen to their tone of voice. It speaks volumes. With time and experience you will sense/feel the person’s pain and fear. This is your moment to calm them by saying “I realize this is a very difficult moment in your life but we are here to help you”.
b) Ask them exactly what they need help with and give them time to explain themselves. Knowing someone is listening can help someone relax and feel comfortable. During this time, you will be able to jot down salient points (asking pertinent questions in between) and by the time they are through, you will have the information you need. That is:
- The caller’s name, phone number and email address
- The deceased’s name and date of death
- Whether there is a Will and the date of the Will
- Any Powers of Attorney and the dates
- The value of the estate
- Names of trustees and beneficiaries
- Any disputes pertaining to the estate and main concerns
- Any upcoming court dates
It is important to get as much information as possible for the lawyer who will be giving the initial consultation and remember to do conflict checks on all the names involved.
A conflict check is simply an internal check in the firm’s database to ensure we have not consulted with or we are not already representing any of the parties involved in the matter which would lead to a conflict of interest.
c) At all times during the call, make the caller feel like a person and show them that you really care about their well-being. This sometimes leads to a conversation far removed from the estate issue at hand but again, your intake job goes beyond just taking information. It is always a pleasure meeting people and knowing you can make them happier just showing that you care.
Overall, whether it is a request for help with a certificate of appointment of estate trustee, an application for guardianship, passing of accounts or mediation, remember someone needs your help and knowing your firm can provide that service is very comforting.
At the end of the conversation, the potential new client should leave feeling relieved and assured that your firm can act on their behalf and get the work done.
Roslyn Blackette
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.
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.
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.
