Law Times

October 1, 2018

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Page 12 OctOber 1, 2018 • Law times www.lawtimesnews.com the initial consultation with the client. "Clients are savvy. They may now seek out free initial consul- tations with two or three law- yers. Litigation is a tough slog. I try to be frank with them, but some lawyers do not point out the struggles because they want the retainer," says Hooper. She says this may be an even greater issue in Toronto and surrounding municipalities be- cause of the number of lawyers in the region. "In an area like Toronto, it is very hard to stand out. In Ot- tawa, we are a collegial bar and people get to know each other." Hooper says "building net- works with lawyers who have other types of practices" is another way to attract clients through referrals. Stephanie DiGiuseppe, a criminal defence lawyer, became a partner at Ruby Shiller Enenajor DiGiuseppe Barristers in Toronto this past August. Before that, DiG- iuseppe had articled and practised at a mid-sized firm in the city as well as set up her own practice. She says marketing yourself as a lawyer can be "challenging." "[Y]ou want to get your name out, but you also want to make sure that you maintain your per- sonal and professional integrity," says DiGiuseppe, who uses so- cial media such as Twitter to ad- vertise her work. She says social media is "more useful to connect with peers" than clients. "Do not undervalue the im- portance of connecting with peers," she says, saying it leads to benefits such as referrals, strong friendships and support. She also recommends getting involved in legal associations. "Dedicating your time to ex- ternal causes, such as volunteer work, will help you spread your name beyond the legal commu- nity and allows you to market yourself to a broader audience, while also engaging in fulfilling non-legal work," she says. e most simple solution? "[T]he best way to build busi- ness is to do good work, and this will, over time, translate into publicity and referrals," she says. "If you have the opportunity to be involved in novel or high- profile litigation, take the oppor- tunity, even if it is not particular- ly remunerative," she adds. LT — With files from Gabrielle Giroday "It is constant advocacy. Judg- es and juries are human. They want to know what happened. You have to do your homework and put forward a scenario that you say is the cor- rect scenario. The defence starts with the first [Crown] witness. I turn that witness into my witness." One of the themes of the workshop is to quiz the par- ticipants about why they are do- ing something a certain way in court, such as cross-examining a witness on a prior police state- ment. "They do too many things by rote," Rosen says. Kellie Stewart, an Ottawa- based civil litigator, says good advocacy requires an under- standing of the purpose behind any action in court and also the ability to respond if a judge asks questions one might not have expected. "Ensure you understand the judge's question. That is what he or she wants to hear about," says Stewart, a partner at Barnes Sammon LLP in Ottawa, who also conducts full-day work- shops as part of programs put on by The Advocates' Society. Effective advocacy requires "preparation, preparation, prep- aration," Bjorkquist says. However, she says that un- derstanding the dynamics of the courtroom is just as impor- tant. "When you are prepared, you have your script. That can ham- per young lawyers who are so tied to their notes. You have to try reading the body language to see the judge's reaction," she says. "Be respectful, but appreci- ate the value of a judge's ques- tion. That is an opportunity to engage. You have to be able to be versatile and to know when to drop a point." Another aspect of advocacy where training is often required is in the area of inter-personal skills, Stewart says. "I often find that younger lawyers think they have to be scrappy. We are trained to fight. I talk to them about the impor- tance of civility," she says. "It can be as simple as picking up the phone and talking to the other lawyer. Tone is lost in an email." Interpersonal skills are also crucial in terms of client man- agement, she adds. Bjorkquist says advocacy skills extend to smaller things both inside and outside of the courtroom. "If you are in court, put your mobile phone away," she says. "Always be mindful of who is around you if you are speak- ing about a case. Take that seri- ously." LT FOCUS Continued from page 10 Continued from page 11 'You have to do your homework' Clients are savvy Available risk-free for 30 days Online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 | In Toronto: 416-609-3800 © 2018 Thomson Reuters Canada Limited 00252TC-A92499-CM Your clients are at different stages in their lives and they rely on you to give them the right personal tax and estate-planning advice. How can you prepare the proper strategies for the different life situations that your clients will encounter? Wealth Planning Strategies for Canadians 2019 is the answer. This convenient resource is organized by life stage so you are ready with answers. New in this edition The 2019 edition has been thoroughly updated to include the latest federal income tax changes as well as a number of changes in provincial statutes. This edition also provides more detail on a number of strategies and the pitfalls of certain approaches. 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