Law Times

May 16, 2011

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Law TiMes • May 16, 2011 An online resource 1.800.263.3269 Focus On RUNNING YOUR PRACTICE Tips for good articling experiences Communicating expectations early key to successful programs BY ROBERT TODD Law Times tion, one that serves as a bridge between academic training and on-the-ground lawyering. Yet for the law fi rms that make it hap- pen, articling students can either prove benefi cial or counterpro- ductive to their operations. For most fi rms, the key step A to ensuring a successful articling term begins early on when they communicate expectations. Mar- lene Kane, McMillan LLP's na- tional director of professional de- velopment, says her fi rm makes it clear that students must work hard and eff ectively but should also approach their work with an attitude that puts client service at the forefront. Th ey should also be self-starters and show initiative in and ownership of their work. It's clearly essential for fi rms' leadership teams to decide for themselves what they're looking for from their articling students. But at the same time, Kane sug- gests it's equally crucial for fi rms to be upfront with students. "It seems to me that fi rms, to make the most of their arti- cling program, really need to be clear with their articling students about three things," she says. "One, what can they expect from their articles at the fi rm; what the fi rm expects from them; and at the same time, what re- sources and training and support the fi rm off ers that can help the students meet, and hopefully ex- ceed, those expectations." McMillan opts to deliver those messages at the fi rm, prac- tice group, and peer levels. It's particularly important to de- liver expectations at the practice group level if students will be rolling through various areas of law through a rotation during their articles. "Th e fi nance group expects something very diff erent from a student on a deal than litiga- tors expect when they're working with students," says Kane. Th e fi rm communicates the peer-level expectations through a lunch and roundtable discussion hosted by outgoing articling stu- dents. Th at gives new students an opportunity to enjoy a "full and frank" discussion about arti- cling at the fi rm with those who have just gone through the expe- rience, says Kane. Myriah Graves, an associ- ate and chairwoman of Fogler Rubinoff LLP's law student www.lawtimesnews.com HR - Webinar.indd 1 5/12/11 10:45:14 AM rticles are perhaps the most important stage of a young lawyer's educa- committee, says her fi rm also has clear goals in mind for its articling program. "We want to maximize the experience for both the students and the fi rm," she says. "We want the students to get the tools and the training that they'll need to move on to be successful as- sociates, whether it's going to be at our fi rm or some- where else. Th e fi rm tries to make sure the students get good-quality work during their articling experience so that they're not photo- copying and doing labels and that kind of stuff . Th ey get very involved in the fi les and hopefully see them from start to end." While the fi rm expects to get solid work out of its students, Graves says it's cru- cial for the experience to prove mutually benefi cial. "You have to treat your stu- dents well," she says. "It's just like any sort of relationship, whether it's an assistant or an associate. If you want them to produce good-quality work, you have to give them an environ- ment where they feel comfort- able asking questions, give them the opportunity to actually do some of the work, and just treat them well. When they're happy coming to work, they're going to give you a better work product." Meanwhile, Kane believes it's important for students to take ownership of their arti- cling experience and not be afraid to ask questions if their fi rm has failed to clarify issues. At the same time, she suggests students should remain fl exible throughout their articling year. "Th ey should keep an open mind about what kind of prac- tice they want, especially be- tween being a deal lawyer and a litigator," she says. Developing a network of in- formal mentors within the fi rm can also help students get the most out of their articling expe- rience, she suggests. While most fi rms now have formal mentor- ing programs, she stresses the importance of going beyond that relationship to form casual connections that can prove ben- efi cial throughout a career. "Th ey need to be curious, ask productivity and growth. Like most mid-size and large fi rms, BLG also helps articling students make the leap from legal theory to practice with an extensive training program that begins with its summer students. For example, students Students should be flexible about their interests during their articling year, says Myriah Graves. questions, and most importantly, get in the habit of asking for in- formal feedback on their work," says Kane, who adds that it's wise for students to get out of their offi ces for face time with associ- ates and partners. "It's the start of their career, and they need to build their reputation." Halla Elias, director of pro- fessional recruitment at Borden Ladner Gervais LLP, says her fi rm communicates four top expectations to its students: the need for excellence in their work; professionalism in all of their in- teractions; the ability to work in- dependently and within a team setting; and possessing an "own- ership mentality" that shows an understanding that their actions are linked to the fi rm's overall Workplace Harassment left UncHecked may lead to extraordinary damages – Webinar Date: Monday June 27, 2011 Time: 12-1 p.m EST Cost: $75 Learn what you can do to prevent workplace harassment and avoid extraordinary damages. Natalie MacDonald, author of Extraordinary Damages in Canadian Employment Law (Carswell, 2010), uses a case study model to examine how special and extraordinary damages can apply if workplace harassment and bullying are left unaddressed by the employer. Harassment and bullying can result in constructive dismissal claims and human rights complaints. This webinar covers the following topics: • The types of workplace harassment, including the most current issues of workplace mobbing and cyber bullying • The role of Human Resources and how to conduct a proper investigation • Extraordinary damages in Canadian employment law, such as: moral damages, punitive damages, tortious damages • Human rights remedies • Steps employers can take to avoid extraordinary damages • Q & A with Natalie MacDonald This program can be applied towards 9 of the 12 hours of annual Continuing Professional Development (CPD) required by the Law Society of Upper Canada. Please note that this program is not accredited for Professionalism hours or for the New Member Requirement. Visit www.carswell.com or call toll-free 1-800-387-5164 In Toronto 416-609-3800 for more information. REGISTER NOW! must attend weekly seminars that touch on issues of sub- stantive law as well as practi- cal management. Examples of topics include a securities law primer, factum writing, business etiquette, confl icts, administrative tribunals and standards of review, and practice management. "Anything that a student could possibly get during their time here, we try to prepare them for that kind of work," says Elias. Th e fi rm also urges students to participate in the continuing le- gal education seminars it hosts for its lawyers and clients. Elias notes, however, that it's up to individual students to make the most of their articling year and not sit back and wait for the fi rm to give them what they want. Th at could mean, for example, turning down work in an area of law they're not keen on in order to avoid fi nding themselves steered into a specialty they don't enjoy. "Th e more eff ort they put into it, the more that they'll get out of the experience," she says. "We encourage them to take the initiative, take control of their ar- ticles, and kind of gear it towards where they want to be." 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