Law Times

Page 10 OctOber 1, 2018 • Law times www.lawtimesnews.com Value to being in court Advocacy skills crucial for lawyers' development BY SHANNON KARI For Law Times I t has been a decade since the four-and-half-month period of practical skills training was eliminated as a result of major changes to the bar admis- sions requirements in Ontario. Part of this training included advocacy, a skill that, for the most part, is not taught in law schools. The Law Society of On- tario and The Advocates' Soci- ety hold regular seminars and workshops for lawyers looking to refine their skills as an ad- vocate both in and out of the courtroom. However, some experienced lawyers say there is a gap in the training of younger lawyers in this area and that more needs to be done. What remains unresolved is whether this should take place on a more formal basis or by lawyers individually passing on their knowledge to those enter- ing the profession. "Advocacy is a craft that we refine over the course of our entire career," says Sonia Bjorkquist, a partner and na- tional chairwoman of the litiga- tion group at Osler Hoskin & Harcourt LLP. "As lawyers, we also have a responsibility to all of our junior lawyers to lead by example," adds Bjorkquist, past president of The Advocates' Society. As a large national firm, Os- ler is able to provide regular training for its new associates, including in the area of advo- cacy, she says. It also encourages its lawyers to participate in Pro Bono On- tario's legal clinics. For those who aspire to practise in the field of civil or commercial litigation, there are fewer opportunities for them to develop their skills in an actual courtroom, says Bjorkquist. "I have seen in litigation the dwindling trial opportunities. Most matters settle," she says. Whether at a large national firm or working in a smaller community in the province, ju- nior lawyers should seek out any opportunity to be in a court- room, says Bjorkquist. "Never underestimate the value of being in court." It is part of experienced law- yers' professional duty to be willing, where possible, to pro- vide advocacy advice to less ex- perienced counsel, she adds. For example, criminal de- fence lawyer John Rosen has been conducting a workshop on a pro bono basis for the past six years. "A lot of young lawyers are desperate to do well. There is nobody there to help them. When I started, I did not have mentors, but we had a lot more opportunities to do trials, espe- cially jury trials. That is how you learned your trade," says Rosen, who has conducted as many murder trials as any lawyer in Canadian history in his nearly 50 years of practice. Rosen says he wishes law schools spent more time on practical advocacy skills. "Would you to go to a sur- geon who has never been in an operating room?" he asks. He says he decided to start the workshop, which is made up of six three-hour sessions, because of a lack of any similar program for young criminal defence lawyers and as a result of discussions with colleagues who are now judges. "As I got older, I heard com- ments about poor advocacy," says Rosen, who will be pre- sented in November with the G. Arthur Martin criminal justice medal by the Criminal Lawyers' Association. The workshop is for lawyers with less than five years of prac- tice experience. It utilizes a past case and in- cludes sessions on meeting the client, disclosure, conducting a preliminary hearing, cross- examination, preparing the cli- ent to testify and preserving the record for any appeal. The Superior Court of Jus- tice in Toronto has also pro- vided a courtroom for the participants to use during the workshop, which takes place on weekends. The goal of the workshop is to provide training that is as practical as possible, says Rosen. "We can talk to young law- yers about trials at 10,000 feet. But they don't take place there. They are at ground zero." He adds that effective advo- cacy in a courtroom, regardless of whether it is a jury trial or judge alone, requires planning out every move in advance. "You have to know where am I going to stand? Is it the best spot? Am I blocking the jury? You can't put on a stage show unless you have thought it out beforehand," says Rosen. FOCUS Available risk-free for 30 days Online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order # L7798-8671-65203 $89 Softcover October 2018 approx. 100 pages 978-0-7798-8671-5 Get in-depth information for finding summer, articling, and associate positions, or for beginning non-traditional legal careers. This indispensable guide provides you with what you need to know about the National Committee on Accreditation rules process and provincial bar admissions rules, as well as timelines and hiring norms in various jurisdictions. Full of helpful tips and suggestions from an experienced legal recruitment professional, this publication also offers further career guidance with resources for creating strong applications, and links to important additional information for job searching. New Publication Canadian Legal Career Guide for International Law Students and Foreign Trained Lawyers Alison Cowan © 2018 Thomson Reuters Canada Limited 00253FY-93752-NP KICKSTART YOUR CANADIAN LEGAL CAREER Sonia Bjorkquist says for those who aspire to practise in the field of civil or commercial litigation, there are now fewer opportuni- ties to develop their skills in an actual courtroom. A lot of young lawyers are desperate to do well. 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