Law Times

PAGE 8 An online resource 1.800.263.3269 Focus On REAL ESTATE LAW law lies the very real concern that appropriate training is no longer available to those who do choose it as a practice area. In fact, many seasoned lawyers fear that through the continual truncation of real es- tate and continuing education, legal knowledge, mentorship, and practical vocational train- ing are being lost. Sidney Troister, a senior partner at Torkin Manes LLP, believes the problem is due to the loss of the bar admissions course and the fact that real estate isn't necessarily a focus for articling. He notes the ad- missions course used to involve a six-month program of class- room education that included lectures and seminars. "In previous times, the law society abbreviated it to about three months and then to zero. Now it is a self-study course leading to two exams. Th e Do new lawyers get enough training? B Revamping real estate CLE BY JUDY VAN RHIJN For Law Times ehind the lament about the lack of young blood moving into real estate real estate materials in the past amounted to several volumes. Today they are much more abbreviated, too. Students get no more than one-third of the content. In my view, they re- ceive far less substantive ma- terial and zero instructions in understanding the materi- als. Th e law society then lets those students loose. Th ere is no practical exposure to the work." Given that real estate isn't the most popular course in law school and isn't mandatory, the articling system has to fi ll in the gap. Troister, however, notes that as clerks, especially at the larger fi rms, do a great deal of the real estate work, it's often not a major rotation on the articling circuit. He's par- ticularly worried about young lawyers who decide to set up their own businesses and want to practise real estate. "Th e question is what do they know and what practical experience do they have? I wonder wheth- er young lawyers have any real knowledge of the law or any experience," he says. Dana Porter and An- drew Elliott of Stikeman Elliott LLP have more confi dence in the edu- cational options avail- able. "Our education materials through the bar admissions course are excellent," says Por- ter. "It's an intensive, compressed program honed and developed over the years." Still, he concedes that the course is focused almost exclusively on residential real estate, an area most large fi rms don't handle anymore. "It doesn't get into com- mercial practice but it's a good place to start." Elliott refers to the seminars put on specifi - cally for young lawyers and those more general- ly directed at the real es- tate bar as being relevant and helpful. He notes as well that many fi rms organize internal sessions for their staff . But Troister wonders if that's good enough. "Real estate law GET TO THE TRUTH SOONER THAN LATER WITH SKILLFUL QUESTIONING NEW EDITION EXAMINATION OF WITNESSES, 6TH EDITION EARL LEVY, Q.C. This 6th Edition examines the issues that confront counsel in the examination and cross-examination of witnesses at each stage of a criminal trial. The work provides instruction on how to conduct proper examinations using actual trial techniques, extensively illustrated by transcripts featuring leading members of the criminal bar. The author updates the laws of evidence relevant to criminal trials, voir dires and pre-trial motions, and applies them to proven techniques of oral advocacy. All-new trial extracts are used to highlight effective techniques. This edition also includes updated case law review including R. v. McNeil. NEW IN THIS EDITION The 6th edition contains comprehensive updates on a variety of criminal advocacy topics vital to Crown prosecutors and defence counsel, including: • Crown's continuing obligation to disclose • Lost or destroyed disclosure • Pleading guilty • The Alibi defence • Crown and defence obligations to call witnesses • Voir Dires • Prior inconsistent statements • Hostile witnesses • Character evidence • Video Statements • Privilege AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 ORDER # 983624-69847 $170 Hardcover approx. 950 pages May 2011 978-0-7798-3624-6 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. 'There is no practical exposure to the work,' says Sidney Troister. doesn't fi t into a neat little box like some other subjects. With something like labour law, it's all contained within a few stat- utes. Criminal law is the same. To be a real estate lawyer, you also have to be a contracts law- yer, a municipal lawyer, a leas- ing lawyer, and a title lawyer. You have to know family law, income tax law, and general commercial law. "You also have to know enough litigation to deal with problems when a transaction goes sideways. What are the litigation remedies? It's not just a matter of pushing paper. Where are young lawyers get- ting that experience?" Troister, Porter, and Elliott all agree on the importance of vocational training. "It's a very practical area of law," Elliott says. "Th ere may be informa- tion in textbooks on regula- tions and procedure, but you have to know how the proce- dure works. It varies between municipalities and registry of- fi ces. Th e diffi culty is that it takes time and experience to learn it." Porter concurs. "Of all the practice areas, it is the most diffi cult to pick up anywhere but in a practical environment. You need to work with some- one who is doing it." At the same time, Porter observes that the number of young lawyers entering real es- tate at his fi rm hasn't changed but what a new person does has evolved dramatically. "Th ey used to get a little geometry set Untitled-1 1 www.lawtimesnews.com 6/9/11 9:05:20 AM — their tools to read a survey — and it was al- ways the practice that a new associate in real es- tate would travel around with the conveyancer from conveyancing of- fi ce to conveyancing offi ce in the fi rst week. With automation of the registry offi ce, there is less activity that way." Porter also fi nds there's less mentoring. "It is very cost-compet- itive and that is driving work away from associ- ates to law clerks. Th at is driving due diligence down." Elliott, in fact, re- calls that lawyers used to spend hours on title searches. "Th at's now been dispensed with or abridged. Th at expertise lies in the title insurance companies now." For his part, Trois- ter believes standards have slipped from a technical point of view and in the recognition of ethical issues. "People are not trained in professional- ism. I bet seasoned litigators would tell you the same thing, even though litigators deal with each other on a face-to- face basis at the courthouse and on discoveries. And that's how they develop professional- ism. In real estate, nobody ever goes to registry offi ces and sees their buddies anymore. No lawyers go to closings. It's all done electronically or by cou- rier. I'm not saying Teranet is a bad thing, but a serious con- sequence is that we've lost the personal touch among the real estate bar. It may be effi cient but it's very isolating. Th ere is not the same collegiality." Troister has a proposal to improve the situation. "I would think there's an oppor- tunity for the law society or some outside provider to give the old-school bar admissions course on a more intensive ba- sis, say a one-week course of 40 hours of education. Tak- ing that course would be a precondition to get a Teranet licence and permission to do a real estate transaction. Some people may think that's really draconian, but someone needs to tell young lawyers that they need more intensive vocational training than the bar admis- sions course. Th ey need to know a hell of a lot more than they've already learned." June 13, 2011 • Law Times

• Cover
• Summary Judgement
• Native Impasse
• Focus On Real Estate Law