Download PDF - Robson Hall Faculty of Law
Download PDF - Robson Hall Faculty of Law Download PDF - Robson Hall Faculty of Law
252 MANITOBA LAW JOURNAL |VOLUME 35 NUMBER 1 process, he and I crossed paths many years after our law school days. I asked Ovide if he recalled a conversation that took place in the University College cafeteria, where one of our classmates turned to Ovide and said to him, “Ovide, I think you’re going to be the Chief Dan George of our generation, you are going to assume some fantastic role representing First Nations in our country.” And while Ovide didn’t remember that law school conversation, he and I had a bit of a chuckle knowing that it was a pretty accurate prediction of what would eventually come. BPS: But while Ovide did become National Chief, he never got to do work in the movies with Dustin Hoffman. So it sort of worked out, and it sort of didn’t [laughing]. DJM: [laughing] Maybe that’s still yet to come. II. ARTICLING AND PRIVATE PRACTICE: 1977-1979 BPS: Now your time during the mandatory articling one year period, was there a bar exam before, during or after DJM: We had bar exams throughout the year. Friday was set aside for the bar admission course down at the Law Society premises on Carlton St. We had seven or eight exams throughout the course of our year. BPS: Was it a tough process in those days Was there a significant failure rate in the exams or was it more like modern times where pass rates are pretty high DJM: Pass rates were pretty high. BPS: Did you find that the bar exam courses taught you stuff that was missing from your law school curriculum in terms of nuts and bolts and procedures and motions and that kind of stuff DJM: Yes, it was much more of a clinical approach, much more nuts and bolts as you say. It rounded out the legal principles we were taught here at Robson Hall. BPS: So you articled at Richardson and Company – the mega business here in Winnipeg DJM: No, this was a mid-sized firm with Reeh Taylor, Charlie Huband, Garth Erickson, Glenn Sigurdson and Richard Deeley, amongst others. It was a very good firm, which evolved into other firms later such as Taylor McCaffrey and Deeley Fabbri Sellen. I recall it was one of the most sought after articling positions because Butch Nepon, who was part of the faculty at that time, advised our third year class on articling positions. He was counsel to the firm and spoke very, very highly of it. I was called to the bar and spent a year there as an associate, and basically it was a good experience. BPS: That would have been a general practice You didn’t specialize as much in those days
Interview with Donna Miller 253 DJM: No, it was very much a general practice, a little bit of family law, a little criminal, a little commercial, a little general litigation. It was a good foundation. And there was still no Charter. BPS: Nowadays when law students article the big thing is work-life balance. They say that the way you motivate and incentivize now is that you give employees a day off instead of more money. People want to have a life as well as work. Were you still at a time where the articling student was expected to be there at the crack of dawn and leave late in the evening and it was taken for granted you would work hard for apprentice wages DJM: That was pretty much the culture. You were expected to work hard and certainly not adhere to any kind of nine-to-five routine. It was very much expected that you did the work, you did it as quickly and as effectively as possible and you were on call. It wasn’t 24-7, there was some balance, but we were expected to respond quickly and effectively to demands whenever these arose. BPS: I would think one difference between then and now is that with the new technology of cell phones and the internet you can reach your lawyer at any time; and people think because of this that their lawyer can do the work and send it back almost instantaneously. In those days you couldn’t be tracked down and when you were away from work you were away from work for a while. DJM: That’s right and one piece of advice I remember early on getting from my principal was that it was good performance to return a call the same day and to respond to a letter within a few weeks. Today, people expect an instant response 24-7. So in that respect it was a slower pace, but I think there was greater time to reflect then and perhaps more of a focus on the quality of the product as opposed to process. BPS: In our internet and e-commerce course we read a book called Digital Barbarism about that difference. 1 The author, Mark Helprin, also gives us a hypothetical picture of a diplomat of the 20 th century who only writes a few letters a week, spends hours on each letter and has time for deliberation. I guess it was very much a different time technologically. I suppose the culture of the law firm would have been very hierarchical in those days DJM: Yes, but also a sense of professionalism and camaraderie. The most senior counsel was Reeh Taylor and he was very hands-on; he would bring me into meetings with clients even as an articling student. I remember he had this initiative the year I was articling; he wanted to revise all of the wills and estates precedents the firm used for clients. He would organize breakfast meetings that he would chair that I would attend. There was very much a sense of passing on and sharing knowledge, and the notion that law was of a higher calling. BPS: So in that style of practice and pace of life, even though you were very busy, people would make the time to do some real education and mentoring 1 Mark Helprin, Digital Barbarism: A Writer’s Manifesto (Harper, 2009).
- Page 211 and 212: Fraud and Knowledge of a Pre-Existi
- Page 213 and 214: Fraud and Knowledge 203 III. PRINCI
- Page 215 and 216: Fraud and Knowledge 205 interest fr
- Page 217 and 218: Fraud and Knowledge 207 but only CI
- Page 219 and 220: Fraud and Knowledge 209 discharged,
- Page 221 and 222: Fraud and Knowledge 211 b) however,
- Page 223 and 224: Fraud and Knowledge 213 have (and i
- Page 225 and 226: Fraud and Knowledge 215 of the PPSA
- Page 227 and 228: A House Divided: Access to Partitio
- Page 229 and 230: A House Divided 219 estates (on the
- Page 231 and 232: A House Divided 221 that the jurisd
- Page 233 and 234: A House Divided 223 Jurisdictions l
- Page 235 and 236: A House Divided 225 In both provinc
- Page 237 and 238: A House Divided 227 of Appeal found
- Page 239 and 240: A House Divided 229 Both adopt the
- Page 241 and 242: A House Divided 231 sales on the ap
- Page 243 and 244: A House Divided 233 V. SO WHAT IS T
- Page 245 and 246: A House Divided 235 her invitation
- Page 247 and 248: A House Divided 237 because of the
- Page 249 and 250: A House Divided 239 against the rem
- Page 251 and 252: A House Divided 241 After Bunting,
- Page 253 and 254: A House Divided 243 or residual pow
- Page 255 and 256: A House Divided 245 future consider
- Page 257 and 258: A House Divided 247 especially if t
- Page 259 and 260: C O M M E N T A R Y Interview with
- Page 261: Interview with Donna Miller 251 on
- Page 265 and 266: Interview with Donna Miller 255 tho
- Page 267 and 268: Interview with Donna Miller 257 pre
- Page 269 and 270: Interview with Donna Miller 259 asp
- Page 271 and 272: Interview with Donna Miller 261 sto
- Page 273 and 274: Interview with Donna Miller 263 fun
- Page 275 and 276: Interview with Donna Miller 265 wer
- Page 277 and 278: Interview with Donna Miller 267 law
- Page 279 and 280: Interview with Donna Miller 269 ent
- Page 281 and 282: Interview with Donna Miller 271 for
- Page 283 and 284: Interview with Donna Miller 273 her
- Page 285 and 286: Interview with Donna Miller 275 wit
- Page 287 and 288: C O M M E N T A R Y The Law Society
- Page 289 and 290: The Law Society of Manitoba’s Equ
- Page 291 and 292: The Law Society of Manitoba’s Equ
- Page 293 and 294: The Law Society of Manitoba’s Equ
- Page 295 and 296: C O M M E N T A R Y Recent Themes i
- Page 297 and 298: Recent Themes in English Criminal J
- Page 299 and 300: Recent Themes in English Criminal J
- Page 301 and 302: Recent Themes in English Criminal J
252 MANITOBA LAW JOURNAL |VOLUME 35 NUMBER 1<br />
process, he and I crossed paths many years after our law school days. I asked<br />
Ovide if he recalled a conversation that took place in the University College<br />
cafeteria, where one <strong>of</strong> our classmates turned to Ovide and said to him, “Ovide, I<br />
think you’re going to be the Chief Dan George <strong>of</strong> our generation, you are going<br />
to assume some fantastic role representing First Nations in our country.” And<br />
while Ovide didn’t remember that law school conversation, he and I had a bit <strong>of</strong> a<br />
chuckle knowing that it was a pretty accurate prediction <strong>of</strong> what would eventually<br />
come.<br />
BPS: But while Ovide did become National Chief, he never got to do work in<br />
the movies with Dustin H<strong>of</strong>fman. So it sort <strong>of</strong> worked out, and it sort <strong>of</strong> didn’t<br />
[laughing].<br />
DJM: [laughing] Maybe that’s still yet to come.<br />
II.<br />
ARTICLING AND PRIVATE PRACTICE: 1977-1979<br />
BPS: Now your time during the mandatory articling one year period, was<br />
there a bar exam before, during or after<br />
DJM: We had bar exams throughout the year. Friday was set aside for the bar<br />
admission course down at the <strong>Law</strong> Society premises on Carlton St. We had seven<br />
or eight exams throughout the course <strong>of</strong> our year.<br />
BPS: Was it a tough process in those days Was there a significant failure rate<br />
in the exams or was it more like modern times where pass rates are pretty high<br />
DJM: Pass rates were pretty high.<br />
BPS: Did you find that the bar exam courses taught you stuff that was missing<br />
from your law school curriculum in terms <strong>of</strong> nuts and bolts and procedures and<br />
motions and that kind <strong>of</strong> stuff<br />
DJM: Yes, it was much more <strong>of</strong> a clinical approach, much more nuts and<br />
bolts as you say. It rounded out the legal principles we were taught here at <strong>Robson</strong><br />
<strong>Hall</strong>.<br />
BPS: So you articled at Richardson and Company – the mega business here<br />
in Winnipeg<br />
DJM: No, this was a mid-sized firm with Reeh Taylor, Charlie Huband, Garth<br />
Erickson, Glenn Sigurdson and Richard Deeley, amongst others. It was a very<br />
good firm, which evolved into other firms later such as Taylor McCaffrey and<br />
Deeley Fabbri Sellen. I recall it was one <strong>of</strong> the most sought after articling positions<br />
because Butch Nepon, who was part <strong>of</strong> the faculty at that time, advised our third<br />
year class on articling positions. He was counsel to the firm and spoke very, very<br />
highly <strong>of</strong> it. I was called to the bar and spent a year there as an associate, and<br />
basically it was a good experience.<br />
BPS: That would have been a general practice You didn’t specialize as much<br />
in those days