Law Times

March 25, 2019

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LAW TIMES 12 COVERING ONTARIO'S LEGAL SCENE | MARCH 25, 2019 www.lawtimesnews.com than the traditional method of blog posts or commentaries on their websites after a significant court ruling or change in the law. Hull & Hull LLP has put out nearly 600 podcasts on areas of interest in trusts, estates and ca- pacity law. The episodes can be accessed on its website and lawyers at the firm are expected to co-host them on a rotating basis. "We started blogging about eight or nine years ago. This is more personal. It is a chance for people to hear directly from our lawyers," says Paul Trudelle, a partner at Hull & Hull. "We want to put the infor- mation out there and it is also a good way for our lawyers to think about the issues and also to think on the spot," he says. The firm has received feed- back from lawyers in the area of trusts and estates and also gen- eral practitioners. "It has been a very posi- tive experience for us," says Trudelle. He suggests that firms, es- pecially those in smaller com- munities, might consider a legal podcast as a way to distinguish it and provide "added value" to potential clients. When speaking about the law, specific rulings or the practice of law, there is general agreement to avoid using this forum as just an extension of what might be writ- ten in a commentary on a firm website. "Don't use podcasts the same way you have done things in the past. You have to adapt to the medium. Be more informal, even if talking about legislation or a Supreme Court ruling," says Spratt. "To get listeners, you need to be engaging," he adds. At the same time, he notes that lawyers still need to be mindful of any content on a podcast, even if it less formal than a written commentary. "The law society rules still ap- ply," says Spratt. LT Break bad habits Judges want to know what the "deep issues" are that need to be determined, says Mandell. "At the issues stage, it is helpful to explain also what they do not need to decide," she adds. Writing style and its im- portance is emphasized a number of times by Laskin in his paper. A common mistake, even now, is a reluctance to write in as simple and clear a fash- ion as possible, says Mandell. "A myth of legal writing is that complex sentences will make the writer look smart. The opposite is true. Take your adjectives out. Never write that something is obvious. Under- statement sells better and it leaves the judge with some ana- lytical work to do," she says. If two lawyers are working on a case and an associate is as- signed to do the bulk of the writing of the factum, Sayers says, it is important for both counsel to meet together before any- thing is written. "I think it is good to sit with a junior at the beginning and do an outline. Figure out your theory of the case. What is your pitch and then sit down to talk again after the first draft," Sayers says. It is important to involve associates in the factum writing, says Temelini, even if it ends up being more inefficient. "Sometimes, where junior lawyers struggle is when I ask them to explain the case to me in two sentences. But they have to be writing; it is the only way they are going to learn," he says. LT FOCUS Practical benefits for firms? Continued from page 10 Celebrating Change Agents in Law BRONZE SPONSOR MEDIA PARTNER THE E B O L G AND MAIL The 2019 Lexpert Zenith Awards celebrate change agents in the legal profession. You can support these achievements while networking with winners and leading members of the legal profession at an elegant Cocktail Reception and Gala Dinner in Toronto. For sponsorship opportunites, contact us at 416-649-8841 or MediaSolutions.Sales@thomsonreuters.com Date: June 18, 2019 5:30 p.m. Cocktail Reception 7:00 p.m. Gala Dinner and Awards Presentation Location: Arcadian Court, Toronto Lexpert.ca/zenith Keynote Speaker Orlando Da Silva, LSM Senior Crown Counsel and Serious Fraud Office at Ministry of the Attorney General Mental Health Advocate Untitled-6 1 2019-03-19 2:22 PM Denise Sayer says the overview in a factum is the first opportunity for a lawyer to outline their core argument about what the case before the court is about. Continued from page 11 Paul Trudelle says podcasting is 'a chance for people to hear directly' from the firm's lawyers. www.twitter.com/lawtimes Follow on

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