Keeping Tabs - Spring 2020

KEEPING TABS
The Advocates’ Society
Spring 2020

CONTENTS
SAVE THE DATE
EOT@Home
Thursday, June 11, 2020 | 6:00 pm
A members-only event
Price: $25 + HST
Fireside Chat with
The Honourable Justice Rosalie Abella,
Supreme Court of Canada
04
07
10
12
14
16
19
24
27
Chair Chat
Malik Martin, Rueters LLP, Toronto
Making the Most of this Challenging Time
Emilia Coto, Sisu Legal
TAS Report: Business Development Tips
Ivan Merrow, Glaholt Bowles LLP
TAS Report: Litigating From Home
Emily Home, Paliare Roland Rosenberg Rothstein LLP
TAS Report: Commercial Litigation Practice Group
Alexander Evangelista, Fogler, Rubinoff LLP
TAS Report: Handling Mistakes in Practice
Jeffrey Hernaez, Lawson Lundell LLP
YASC Interview: Joshua Sealy-Harrington
Raphael Eghan, Litigation Counsel and Louis Century, Goldblatt Partners LLP
TAS Report: Calgary Fireside Chat
Sarah Rankin, McKay Ferg LLP
Health and Wellness Report: Managing Burnout
Compiled by: Young Advocates’ Standing Committee
Health and Wellness Working Group
Editor: Denise Cooney, Paliare Roland Rosenberg Rothstein LLP
Denise.Cooney@paliareroland.com
Keeping Tabs Editorial Team: Alexandra Shelley, Torys LLP, Caroline Youdan, Fasken Martineau LLP, Carlo Di Carlo, Stockwoods
LLP, Emilia Coto, Lisa Jørgensen, Ruby Shiller Enenajor DiGiuseppe, Barristers
The Young Advocates’ Standing Committee (“YASC”) is a standing committee of The Advocates’ Society with a mandate to be a
voice for young advocates (advocates who are ten years of call or fewer) within the Society and within the profession. We do this
through networking/mentoring events, by publishing articles by and for young advocates, and by raising issues of concern to
young advocates as we work with the Society’s Board of Directors. The opinions expressed by individual authors are their own
and do not necessarily reflect the policies of The Advocates’ Society.
3

CHAIR CHAT
Facing Uncertainty
Malik Martin, Rueters LLP
@HomeAdvocate
As young advocates still finding our
way in the law, we face uncertainty
every day. That uncertainty is sometimes
borne out of our inexperience
in an unfamiliar area of practice. And
sometimes that uncertainty is thrust
upon us by an unusual request from a
client, an ethical dilemma, or an unexpected
court decision. In those times,
we turn to our training or to trusted
mentors and colleagues to meet that
uncertainty with confidence.
In these challenging times, uncertainty
abounds. As we are faced
with the task of rapidly adjusting our
practices, patterns of living, and attitudes
to this new world, the usual
people we turn to for assurance may
be as uncertain as we are. Some of
us are struggling with the isolation of
living and practising alone. Others of
us are struggling with trying to balance
our practices and the needs of
our clients against the needs of our
families. And many of us are also
grieving the loss of friends, family,
colleagues, and livelihoods.
These next days, weeks, and
months will be defining moments in
our careers. Weathering this crisis
will call on us to draw on all the attributes
of great advocates: compassion,
consideration, patience, introspection,
and deliberate and decisive
action in the face of uncertainty and
opposition. Most importantly – and
even as they are increasingly mediated
by technology – we will need to
recognize and reaffirm our relationships
with each other, both as members
of a community of advocates
and of our communities at large. We
will also need to reconsider not only
how, but why, we practice and who
and how we serve when doing so.
None of this will be easy. There
are no easy answers. But one thing
is certain: no one will be able to do
any of these things alone. Reach out
to your fellow advocates. Encourage
them to reach out to you. Share
what you know. Speak candidly
about your struggles. Laugh. Cry.
Curse. Sing. Together.
If you’d like to contribute to
Keeping Tabs please contact our
editor, Denise Cooney at
Denise.Cooney@paliareroland.com
@HomeAdvocate is here to provide you - our members - with regular updates
on what is happening at TAS and in our profession while we navigate the
‘new normal’ and work to enhance and promote two noble characteristics of
our profession - communication and collegiality. Stay tuned. Stay safe.
Past Issues:
April 27, 2020 @HomeAdvocate
April 20, 2020 @HomeAdvocate
April 13, 2020 @HomeAdvocate
www.advocates.ca
4 5

TIPS AND ADVICE
10 Things Advocates Can
Do to Make the Most of
This Challenging Time
Emilia Coto, Sisu Legal
Sole practitioners and small firm lawyers may face unique challenges during the Covid-19 pandemic. As
a new solo myself, I can relate. However, in every challenge, there are opportunities. Here are ten things
to try to make the most of this challenging time.
Mastering the art and craft of advocacy is a career-long commitment and we are
here to help. The Advocates’ Society has been the premier provider of advocacy
skills training for over 30 years. We are proud to provide lawyers across Canada
with the training and the confidence they need to execute on their feet when it
counts. The Judge will notice…your clients will too.
1. Work on your Process and Procedures.
Process and procedures can provide a roadmap
for daily operations. Your documented
procedures may include both administrative
and client service workflows. Processes can
include client intake, document filing, client
communication, task or practice management
software and other tools.
Having clear systems in place will allow you
to better communicate with staff, clients, and
opposing counsel. It also adds consistency to
your practice.
If your practice has slowed down, optimizing
your processes will help you seize opportunities
when things are up and running once again. If
you are finding yourself extra busy during this
time, working on your processes will help you
get the most out of your limited time.
Visit www.advocates.ca. Be part of the legacy of extraordinary advocates.
6 7

2. Celebrate all your small wins.
According to Steven J. Kramer, author of the
book. “The Progress Principle: Using Small Wins
to Ignite Joy, Engagement, and Creativity at Work”,
of all the things that can boost emotions,
motivations, and perceptions during a workday,
the single most important is making progress
in meaningful work. The more frequently
people experience the sense of progress, the
more likely they are to be creatively productive
in the long run.
Celebrating everyday progress, can make a
difference in how you feel and perform. During
these challenging times, celebrating small
wins can make a big difference to boost your
motivation and performance.
Celebrating everyday
progress, can make a
difference in how you
feel and perform.
3. Automate as much as possible.
Reducing the time you spend on repetitive
tasks will allow you to spend more time on
meaningful work or extra family time. This can
be particularly helpful for sole practitioners and
small firms that may have less support staff than
larger firms. A couple of free or low-cost tools
that I use include: TextExpander and Zapier.
TextExpander allows you to create and save
“snippets” that are designed to create a shortcut for
repetitive words, phrases, or emails. For example,
you can use it for simple things like, “RCP” to avoid
having to type “Rules of Civil Procedure”. Or, you
can use it for e-mails that you send often, such as
one that explains next steps to a client involved
in litigation. For more customized emails, you can
use “fill-in snippets” that have standard text with
blank fields for things like names and dates. The
program is cloud-based so you can access it on all
your devices.
Zapier is a tool that lets you connect apps
or programs that do not normally integrate
together. For example, I use it so that every
time a new project is created in my intake
management tool, a client folder is automatically
created in my file management system. I also
use it to automatically create a subfolder called
“correspondence” and then I can automatically
save all client e-mails and correspondence in that
subfolder. Zapier has free and paid accounts so
you can try it out to see if it’s for you.
4. Stay connected and find a community to
help you adjust and thrive.
Connecting with others can be so helpful in a
time when we are self-isolated. The Advocates’
Society created a discussion forum for members
to share experiences and tips as we all navigate
this abrupt change in our legal environment.
Join the conversation.
5. Set a routine to increase productivity.
A survey by the Harvard Business Review
found that that, “professionals with the highest
productivity scores tended to do well on the same
clusters of habits. They planned their work based
on their top priorities, and then acted with a definite
objective. They developed effective techniques
for managing a high volume of information and
tasks. And they understood the needs of their
colleagues — for short meetings, responsive
communications, and clear directions.” You can
read more about the survey here.
The survey found that strong habits in areas
such as daily schedules, not constantly checking
messages, focusing early on the final product,
and thinking carefully before reading or writing
increased productivity.
6. Avoid the urge to work all day.
According to Sara Robinson, a business consultant, more
than a hundred years of research shows that, “every
hour you work over 40 hours a week [will make you] less
effective and productive in both the short and the long
haul”. This applies even to knowledge workers, such as
advocates. To read more about why working longer won’t
make you more productive, click here.
7. Find tools to help you cope with increased stress
and uncertainty.
The legal profession can be demanding and maintaining
mental health is important at even the best of times.
Find tools that help you exercise mindfulness so that
you can decrease habitual, negative thought patterns
and improve well-being. This issue of Keeping Tabs
includes a number of pieces of advice for coping and
avoiding burnout.
8. Adopt technologies that make it easier to work
from home.
A positive development during this time has been the
amount of information developed to help lawyers work
virtually. For example, The Advocates’ Society hosted
programs on litigating from home. Some advice from
those are in this issue of Keeping Tabs.
9. Learn something new.
Maybe now is the perfect time to learn something that
you have always wanted to try but could not find the time.
Some companies have taken this time to give back and
offer free courses that normally charge premium fees.
For example, Nikon is offering free online photography
classes for all of April, and Yale is offering its most
popular class ever, “The Science of Well-Being” for free.
10. Reflect on your vision for your practice and use
this time to plan ahead.
One day, this too shall pass. Use this time to plan
ahead and reflect on your vision for your practice.
This will help you map out a way to achieve those
goals once this challenging time passes, and it will
keep you moving forward.
“Finding opportunity is a matter of believing it’s there”
– Unknown.
8 9

TAS REPORT
Six Business Development
Tips for Litigators in their
First Six Years
Ivan Merrow, Glaholt Bowles LLP
Business development serves many purposes: greater independence,
more work in a practice or industry niche, richer relationships with clients
and referral sources, as well as financial security. No matter the motivation,
the path to a sustainable practice is paved with hard work. The challenge is
that not all efforts to “bring in business” lead to results.
During The Advocates’ Society’s recent multi-part program “Business Development
for Litigators,” the following six tips were particularly helpful for
litigators in their first six years of practice
1. Be excellent. We’ve all heard that exceptional service, legal work, and results
are the bedrock of our reputation. By doing great work we increase the
likelihood that our clients and other professionals will refer us work.
2. Ask for the work. Others may not refer us
work unless they know what we can do and what
types of files we are seeking. We need to know
what type of work we want and who can refer that
work to us, so we can ask for it.
3. Develop connections. Before a file arrives,
several stars must align. Someone must have
a potential file, know what we do, trust us,
believe we are the right person for the work,
reach out, and get a timely response. Current
clients should meet all six criteria. For that
reason, current clients are the best source of
future work. The trick is get to know clients
and grow our “pipeline” of potential files while
delivering great work.
4. Know yourself. To be sustainable, business
development activities should not
drain us. Pursuing initiatives that bring
us joy and energy make it more likely we
will stay consistent. If we enjoy writing,
we should write. If we enjoy lunching, we
should lunch. Knowing our strengths makes
business development less burdensome.
5. Build a specialty. To become and stay
top-of-mind with potential clients, it helps to
have a specialty or two. Whether our focus is
on an industry, a practice niche, or a type of client,
we all have areas where we excel. By consistently
communicating those strengths and
interests we are more likely to come to mind
when a litigation opportunity arises.
6. Follow up. Whether it’s a business card, an
email, a meeting, or a passing conversation, we
need to follow up to keep relationships moving
forward. After going to the effort of attending
a conference, writing an article, or speaking
on a panel, we should create opportunities to
continue to engage. Think about the next step,
how others may get to know us better, and
how we may make it more likely we will come
to mind as the right person to call.
While these tips do not do justice to all of the
insights shared at “Business Development for
Litigators,” they are a good start to developing
internal firm work sources and external clients.
Consider sending me or a colleague a message
to start a conversation about the type of work
you are looking to grow in the coming months.
It may lead to a great opportunity.
10 11

TAS WEBCAST EVENT REPORT
Litigating from Home:
A Starter Kit
Emily Home,
Paliare Roland Rosenberg Rothstein LLP
On March 27, 2020, The Advocates’ Society hosted “Litigating from Home:
A Starter Kit.” Fittingly, due to new COVID-19 physical distancing measures,
the program was held online as a live webcast. Yola Ventresca of Lerners
LLP moderated a discussion between Brent J. Arnold of Gowling WLG (Canada)
LLP, Sinead Bovell the founder of WAYE, and Breanna Needham of
Borden Ladner Gervais LLP.
Acknowledging that many lawyers had been thrust into a virtual practice
in the preceding weeks and were now taking video conference calls from
their spare bedroom or kitchen table, Yola focused the discussion on practical
tips for getting up to speed in our new reality. Breanna and Brent discussed
their must-have items for setting up a home office. Some of the essential
hardware they recommended included a laptop, smartphone, and
high speed internet connection. Microphones,
lap desks, and phone headsets were also identified
as nice-to-have items.
On software, this new reality creates opportunity
for lawyers to explore the growing range
of products designed to make litigation more
streamlined, including programs such as TranscriptPad
(for reviewing transcripts and generating
refusals charts electronically), Duet (which
allows you to extend your computer screen to an
iPad), Notability (for taking handwritten or typed
notes along with recording audio), ProView
(Westlaw’s online subscription-based library),
and CiteRight (for generating footnotes and
books of authority, and linking the two electronically
– perhaps even more important now that
we are filing more documents electronically).
Of course, we have all become Zoom experts
recently. However, as Brent pointed out, other
programs can also facilitate staying in touch
remotely. For example, dedicated chat apps
such as Lync and Slack allow teams to have
ongoing text-based discussions.
Sinead made the excellent point that while
some lawyers may have experience working
remotely, it is likely that of their legal assistants
do not. The lawyer-assistant relationship
that is predominately virtual can cause
issues when the assistant has far less visibility
into what their lawyer’s day looks like. It is
much easier to see if someone’s office door
is closed, or if they are away from their desk,
than to know whether their children are in the
middle of a meltdown on the living room floor.
Actively keeping in touch with support staff via
either email, chat, or video calls is crucial for
maintaining an effective working relationship.
Sinead, Brent, and Breanna also touched
on the do’s-and-don’ts of video conferencing.
Breanna noted that the concept of “dressing
appropriately” is fraught at the best of times,
particularly for women. She advocated for
reading the room: there are lawyers who are
going to be dressed in a suit and tie for a video
call. Others will not. There are judicial teleconferences.
Some clients may be particularly
formal. In those circumstances, put on a
shirt you would wear to the office and get to
work. That being said, a one-on-one call with
a partner you work with regularly likely does
not call for the same level of formality.
The seminar concluded with a plug for lawyers
to make use of existing social networking
tools such as Twitter. Sinead noted that there
will not be any in-person networking over
the coming weeks and months, and therefore
online presence will play an increasingly
prominent role in forging connections.
Twitter is also a useful way to stay informed
about the legal world. Many courts have Twitter
accounts and regularly use them to post
updates to the profession. In these unusual
times it is important to stay connected in any
way we can. Seminars such as these are a
great tool to help us do just that.
12 13

TAS REPORT
Top Takeaways in
Commercial
Litigation, 2019
Alexander Evangelista, Fogler, Rubinoff LLP
On February 25, 2020, The Advocates’ Society hosted its annual “Top Cases
in Commercial Litigation” program, moderated by Cynthia Spry (Babin
Bessner Spry LLP). Eric Brousseau (Ross Barristers Professional Corporation),
Sinziana Hennig (Stikeman Elliott LLP) and Kyle Kuepfer (Fogler, Rubinoff
LLP) presented on several commercial law cases from the past year
or so. Two of those cases were:
· Alectra Utilities Corporation v. Solar Power Network Inc. 2019 ONCA 254; and
· Wright v. Urbanek 2019 ONCA 823.
In these cases, there were two takeaways for litigators that particularly
stood out.
Forewarned is Forearmed
Your pre-litigation decisions will inform
your client’s future options. In Alectra
Utilities, the Court of Appeal refused to
overturn an arbitrator’s decision where
the arbitrator acted within their jurisdiction
and where the arbitration agreement
excluded a right of appeal. If you do not
intend to include a right of appeal in your
arbitration agreement, you should discuss
that intention with your client so as
to avoid an unpleasant surprise later on.
Make Your Claims as Simple as Possible,
But No Simpler
It is essential to include necessary causes
of action in your pleading, but don’t overplead.
In Wright, the Court of Appeal ruled
that even if an issue is decided without a
related cause of action having been pleaded,
trying to re-litigate that issue later on
may be an abuse of process. To avoid this
issue, your instinct may be to plead every
possible cause of action. However, as Ms.
Hennig said, “one of the issues with pleading
all the claims is, at some point, all of the
‘in the alternative’ arguments will undercut
each other”. It is important to decide what
your case is – and what your case is not –
at an early stage and to ensure that your
client understands what issues may be adjudicated,
even if they are not pleaded.
14 15

TAS REPORT
Oops! Don’t Do It Again:
Tips for Young Advocates
on Handling Mistakes
in Practice
Jeffrey Hernaez, Lawson Lundell LLP
On February 27, 2020, YASC invited its West Coast members to The Vancouver
Club for a fireside chat on a topic that makes any lawyer’s heart race:
handling mistakes in practice. A panel of senior practitioners and a representative
of the Law Society of British Columbia’s Lawyers Indemnity Fund
(“LIF”) offered advice on dealing gracefully with blunders and oversights in
practice. These were the top four takeaways from the chat.
1. Mistakes Happen More Often Than You Think
The most humbling part of the discussion was
the recognition and realization that mistakes
happen more often than most lawyers think,
even among seasoned practitioners. Errors
are most likely to occur when a lawyer is overwhelmed
with his or her workload, fails to communicate
effectively with his or her client, or forgets
to diarize a deadline or limitation period.
2. Ask for Help
When you discover or fear that you have made
a mistake, reach out to a mentor or other lawyer
you trust. Often, what initially appears to
be a catastrophic mistake turns out to be easily
fixable, or not a mistake at all. Even if you have
made a serious error, it’s best to resist the urge
to try to fix it on your own, or—even worse—say
nothing at all and miss the opportunity to come
up with an effective solution.
One of the most comforting parts of the
discussion was hearing senior lawyers talk
about the times early on in their careers
when they feared they had made a mistake,
summoned the courage to tell someone
about it, and then realized that their “error”
could easily be fixed.
3. Notify the Relevant Parties
If you do make an error, it is important to notify
the right people. In British Columbia, that
includes LIF. You must notify LIF if you become
aware of an error or other circumstance
which could reasonably be expected to be
the basis of a claim. If LIF does get involved,
lawyers are expected to cooperate with any
investigation and attempt to repair the error.
Lawyers are also expected to cooperate with
any disciplinary proceedings initiated by the
Law Society.
4. Use Resources Available to You
While mistakes in practice are bound to occur,
there are various resources available to help
lawyers avoid common pitfalls. For example,
the Law Society of British Columbia has
created a Limitations and Deadlines Quick
Reference List that summarizes the various
limitations and deadlines that practitioners
often face in general practice. The Law
Society also has practice advisors on call who
are able to provide confidential advice on a
wide array of practice topics.
The bottom line? Mistakes happen; it’s the
way you deal with them that makes all the
difference.
Special thanks to the panel members:
· Samantha Chang (Moderator),
McEwan Partners LLP
· Maryanne Prohl, Indemnity Risk Manager,
Lawyers’ Indemnity Fund
· Tony Paisana, Peck & Company
· Aidan Cameron, McCarthy Tetrault LLP
16 17

Spring Symposium 2020
April 29 | May 5 | May 7
1:00 pm - 3:00 pm | Webcast
There is something for everyone at this year’s Spring Symposium. Our three virtual
micro-symposia will cover the latest developments, strategies, tools and tips for
success in your practice. We have developed this series of shorter, focused programs
to fit your budget and allow you to watch via live webcast from the comfort of your
home office, or later at your leisure.
Join our all-star faculty at three micro-symposia – attend one, two, or all three to get
the full Spring Symposium virtual experience!
INTERVIEW
MODULE 1: The Civil Advocate
Wednesday, April 29, 2020
1:00 pm - 3:00 pm
Register for Module 1 here
MODULE 2: The Skilled Advocate
Tuesday, May 5, 2020
1:00 pm - 3:00 pm
Register for Module 2 here
MODULE 3: The Well-Informed Advocate
Thursday, May 7, 2020
1:00 pm - 3:00 pm
Register for Module 3 here
Critical Race Theory and
the Legal Profession
Interview with Joshua Sealy-Harrington
Raphael Eghan, Litigation Counsel and
Louis Century, Goldblatt Partners LLP
Register for all 3 sessions
Joshua Sealy-Harrington is perhaps best known in the Canadian legal community by his Twitter handle
@joshuasealy, for which he won a Canadian Law Blog Award in 2019. The awards committee praised
him for “bringing conceptual clarity to everything he touches.” In a few short years, Sealy-Harrington
has quickly established himself as a leader in public discussions about race in the legal profession.
Sealy-Harrington composes “threads” or “Twitter essays” comprised of a series of 280-character
Tweets, unpacking the complex issues around race that have confronted the profession.
To learn more or register, click here.
18 19

CRT is an academic field
that integrates race,
racism, and the law’s
role in their creation
and reification.
Using Twitter essays, Sealy-Harrington systematically
rebuts the arguments of those opposed to diversity
or equity initiatives in the profession, often
uncovering racist or sexist logic behind them. Examples
of his viral threads include a thread on “fit”
in the legal profession and its overlap with race, a
thread on anti-racism advocacy and “civility” in relation
to the Statement of Principles debate in Ontario,
a thread on COVID-19 and systemic racism,
and several threads rebutting op-eds that downplay
Canadian racism by authors such as Jonathan
Kay and Jordan Peterson. His most viral Twitter essay
was an authoritative comment on the Trudeau
#brownface (and later #blackface) scandal, walking
his followers through the complexity that systemic
racism requires, which Sealy-Harrington later published
in Newsweek Magazine.
Sealy-Harrington credits his ability to distill
complex questions of race and identity into
compelling Twitter essays to five formative experiences:
(1) his years of competitive debating,
where he developed his advocacy skills; (2) his
undergraduate studies in mathematics, where
he learned analytical clarity and rigour; (3) his
JD at the University of Calgary, which translated
his mathematical expertise into the vocabulary
of law; (4) his clerkships, for Justice Rennie then
of the Federal Court and Justice Gascon of the
Supreme Court of Canada, and in particular the
thoughtful dialogue with his judges and fellow
clerks; and (5) finally, his current doctoral studies
at Columbia Law School which have exposed
him to critical legal thought.
On behalf of the Young Advocates’ Standing
Committee’s Future of the Profession Working
Group, we sat down (virtually speaking) with
Sealy-Harrington to learn more about his social
media advocacy, Critical Race Theory and its application
to the Canadian legal profession. The
interview has been lightly edited.
In your doctoral studies you work with
leading American scholars of Critical Race
Theory (CRT). Can you describe CRT?
CRT is an academic field that integrates race,
racism, and the law’s role in their creation and
reification. While its name may be unfamiliar to
some, its insights are commonplace in progressive
circles: understanding that a historical lens
is integral to contemporary political projects is
CRT; acknowledging how forms of power operate
behind and through our legal system is CRT;
and knowing that formal equality is inadequate
for achieving meaningful equity is CRT.
CRT radically critiques our legal system. But it
is reflected in parts of that system as well. The
Charter becomes a CRT document when, under
s. 15(2), it anticipates and rejects “reverse racism”
as a meaningful attack on ameliorative schemes.
And the Supreme Court of Canada acts as a CRT
body when, in R v Le, 2019 SCC 34, it holds that
a proper constitutional analysis takes account of
“the larger, historic and social context of race relations
between the police and the various racial
groups and individuals in our society.” Accordingly,
while CRT provides a lens through which to
critique our legal system, it is also, in some ways,
embedded within that system.
What is it about Twitter that helps or hinders
the promulgation of anti-racist ideas in law?
Twitter can help and hinder critical racial thought.
It can help because Twitter—and other social
media platforms—can democratize power.
In particular, Twitter can, for many disenfranchised
communities, offer a unique platform
for those communities to share stories that
would otherwise fall outside the scope of our
collective imagination. In this way, Twitter democratizes
not just power, but the reality in
which that power is assessed, negotiated, and
distributed. In turn, Twitter can mobilize community
building and solidarity.
But Twitter can also hinder critical racial
thought. Twitter’s character limit favours oversimplification,
which fails to engage with the
nuances of race and racism (as well as other
forms of subordination). Further, Twitter’s algorithms
and interface compromise our discourse—they
can subtly conceal our frame of
reference within echo chambers (why I go out
of my way to follow many accounts I politically
disagree with); they can promote incivility,
or worse, harassment and threats (something
which disproportionately affects marginalized
communities);; and they can weaken our mental
health.
It must be emotionally exhausting to constantly
have to engage with racist ideas
and unpack them for less informed readers.
What keeps you going?
Fighting racism can be exhausting. That said, as
an individual blessed with relative privilege (e.g.,
male, lighter-skinned, well-educated) I feel a genuine
moral imperative to exercise that privilege
with a view to disseminating principles of anti-subordination.
And as one of the few racialized
lawyers in the legal circles I have existed in—as
a student at law school, a lawyer in commercial
practice, and a clerk at the Federal and Supreme
Court—that imperative is only amplified.
Equity, Diversity and Inclusion (EDI) in the
legal profession has been a flashpoint in the
past year, accentuated by the election of a
slate of Benchers opposed to the Statement
of Principles. How can CRT contribute to our
understanding of debates around the Statement
of Principles and EDI more generally?
In an article I published earlier this month
with the Ottawa Law Review, I apply a CRT
lens to the Statement of Principles debate.
Specifically, Section II of the paper—“Critical
Analysis: Liberty Veils and Equality Tales”—
explores how liberty claims like “free speech”
are mobilized in conservative rhetoric to
conceal regressive politics. In my view, CRT
does not simply “contribute” to understanding
equality debates; it is indispensable.
20 21

The election of the Stop SOP “slate” as
benchers of the Law Society of Ontario in
2019 was a low point for supporters of EDI,
however this has also coincided with unprecedented
public discourse about systemic
racism in the legal profession. In your view
as a scholar of CRT, has the public discourse
about race been a silver lining in otherwise
difficult times for EDI? Is racial literacy improving
among lawyers?
While the election of the Stop SOP slate was disappointing,
and while their rhetoric is, in particular,
disheartening for the next generation
of racialized lawyers, I think three silver linings
have emerged from the election and the ensuing
debate surrounding the Statement of Principles:
(1) the inconsistency and (unintended)
transparency of the shifting Stop SOP position
unmasked the regressive politics of various
lawyers in the profession; (2) the SOP debates
brought many lawyers who do not typically reflect
on issues of race and racism into the conversation;
and (3) the support for equality initiatives
within the law society has galvanized a
broad coalition of progressive lawyers and built
solidarity along lines of race, gender, class, indigeneity,
sexuality, disability, and more (though
I acknowledge that the SOP discourse has concentrated
on issues of gender and race, such
that other vectors of oppression warrant greater
reflection and discussion).
Many law firms now have diversity committees,
EDI policies and/or provide training on
topics such as unconscious bias. Are these
approaches adequate?
Adequate to what end? Law firms—and the
law more generally—have a complex relationship
with racial justice. And the sufficiency
of particular internal measures depends
on the objectives of those measures. If law
firms want to decrease unconscious bias—
one of myriad forms through which racism is
spread—then unconscious bias training may
be effective. But if law firms want to develop a
truly inclusive culture they will need to reckon
with the various ways in which existing legal
cultures systemically disadvantage marginalized
communities. And if law firms want to
grapple with how they participate in a competitive
and capitalistic enterprise—which itself
perpetuates racial subordination—they
will have to fundamentally rethink the work
they do, how they are compensated for it, and
the prevailing legal order that governs them.
We are interested in the language used to describe
and address racism. Many initiatives
in the profession use language such as “diversity
and inclusion” or “unconscious bias”
while avoiding more direct language such as
“anti-black racism,” “white privilege” or “cultural
whiteness.” Is this a shortcoming of EDI
approaches or a necessary stepping stone?
Can you comment on choice of language and
how it relates to the broader process of racial
justice education?
Language matters. The words we use to describe
our world and experiences limit how we
imagine and interpret them. Further, the more
we use codes and euphemisms, the less we
speak directly and candidly about the forms
of racial subordination that we are seeking to
address. This does not mean that phrases like
“diversity and inclusion” or “unconscious bias”
are unhelpful. Indeed, in certain contexts,
such umbrella terms do productive conceptual
work. But I think it is also critical, when discussing
these concepts in greater detail, to engage
with the more granular aspects of racial hierarchy
they capture.
What are three things every lawyer can do
to incorporate CRT principles into their daily
practices?
(1) Acknowledge the ways in which privilege
grants them unearned advantages; (2) Reflect
on how systemic racism within their practice
disadvantages racialized communities; and (3)
Commit to outcomes, not just process. For example,
if after ten years of diversity initiatives your
firm is not substantially more diverse—at all levels
of seniority—then ask why, and do more.
Do you have any general advice for young
advocates and firms who want to meaningfully
promote EDI in the profession?
Be comprehensive. Racism comes in many
forms, including: systemic racism (i.e., norms
that disparately impact racialized communities);
implicit bias (i.e., unconscious negative
associations with racialized people); and
microaggressions (i.e., common interactions
that, with accumulation, create a sense of
exclusion in racialized people). Any meaningful
EDI program must account for the various
ways in which race is a site for exclusion
within the profession.
You recently drafted the moot problem for
the Julius Alexander Isaac Moot, administered
by the Black Law Students’ Association
of Canada. The problem involved an issue of
racial profiling and mooters were required
to advance not only legal arguments, but
also theoretical arguments rooted in CRT
in support of their arguments. Why was
it important to incorporate CRT into a law
school moot? In what ways would improved
knowledge and understanding of CRT enhance
lawyers’ abilities and client service ?
On question one—the importance of explicitly
incorporating CRT into the moot—I believe
there is an imperative for more CRT in Canadian
legal academia. Last year, I tweeted about
where CRT is located in Canadian universities.
Many scholars in other disciplines—e.g., sociology,
anthropology, education—said that
CRT featured prominently in their education
or pedagogy. In contrast, relatively few legal
scholars and law students taught or learned
CRT. I view the Isaac Moot as a small means
through which I can expose more students to
critical legal thought, and specifically, critical
legal thought about race.
On question two—how CRT enhances lawyer
competence—I think that, while CRT enhances
lawyer competence, it more importantly
enhances social responsibility. Critical reflection
on law and power absolutely enhances
legal skill. Indeed, effective legal advocacy
necessarily grapples with how power and
context influence human experience and legal
reasoning. For example, a defence lawyer
not conversant in racism and colonialism is,
quite frankly, missing a critical lens through
which to interpret the experience of their clients
and advocate against the systems that
oppress those clients. But, more importantly,
CRT pushes lawyers to think deeper about
how the existing legal order itself is a site of
racial subordination. In this way, greater instruction
in CRT will not only promote more
competent lawyers, but a more progressive legal
system. And, in anticipation of this point
being unfairly criticized by some as reflecting
my desire for ideological brainwashing in
the legal academy, let me say this: neutrality
is ideological—a political commitment to the
status quo. If you teach systemic racism in
criminal law, you are teaching criminal law.
If you teach colour blindness in criminal law,
you are teaching white supremacy.
22 23

TAS REPORT
YASC Fireside Chat,
Calgary
Sarah Rankin, McKay Ferg LLP
On February 27, 2020 a group of young advocates gathered in front of a
roaring fire at the Petroleum Club in Calgary as Justice David Gates and
Shane Parker, Q.C. offered their advice on advocacy, resilience and professional
growth. Both discussed the challenges they see facing young advocates,
and the Bar as a whole, as they described their own approaches to
life in the law. Here are the top takeaways from the evening.
1. Always “Review the Tapes”
Mr. Parker worked as a hockey coach before going into law. To this day,
despite having a reputation as one of Alberta’s most respected and skilled
Crown prosecutors, he still “reviews the tapes” at the end of every matter. He
emphasized the importance of identifying what went well as much as what
went wrong—post-performance review should not just be about self-criticism,
but should be a frank appraisal of all the skills that came into play.
2. Trust Your Gut
Justice Gates addressed one of the most consistent
challenges for developing advocates: making
tough judgment calls. Acknowledging that
much of the practice of law involves exercising
judgment in the face of uncertainty, and that
this can be a source of anxiety for junior counsel,
he reminded attendees that they’ve earned
their positions by being accomplished and talented
people. It can be helpful to reach out for
guidance or to discuss difficult questions, but it
is also important for counsel not to get lost in
the sea of opinions and to trust themselves.
3. Be Collegial
Both speakers described the challenges of navigating
relationships with opposing counsel. Mr.
Parker described his practice of trying to have
coffee or some sort of collegial meeting with
opposing counsel in any significant trial matter,
in an effort to manage conflict down the line.
He encouraged counsel to try to lay the foundation
for a productive relationship with opposing
counsel—one which can be drawn on if and
when litigation becomes contentious or heated.
4. Know Yourself
As the discussion came to a close, both speakers
were asked about their tips for remaining
resilient in practice and building a fulfilling
and sustainable career. In addition to the important
(but often overlooked) basics, like a
strong social support network and plain old
vacations, both speakers talked about the importance
of getting to know oneself and being
honest about one’s aptitudes and capacities.
This can include examining how one defines
victories and losses, and reframing expectations
to better reflect the realities of practice.
We can’t control the facts or the outcomes,
but we can set specific goals about our performance
or approach that apply regardless
of how the matter turns out.
Today, it feels like another lifetime when colleagues
could gather in a cozy space for professional
guidance. This Fireside Chat offered a
uniquely candid set of insights and stories from
two of Calgary’s most respected legal minds,
and it was clear that all in attendance were
grateful for their experience and their time.
24 25

Mentors and
Mentees Connect!
We encourage intermediate and senior members to ‘Opt-in’ on their profile
page and make themselves available to our junior members, to lend an ear
and offer some support and advice. This portal is for TAS members only
and is not intended for members to seek case specific advice. All members
who seek to engage in a mentoring relationship using the Mentoring Portal
are asked to read “The Advocates’ Society Guide to Mentoring” and sign a
Mentoring Agreement.
Members! Make yourself available as a Mentor on your Member Profile.
HEALTH AND WELLNESS COMMITTEE REPORT
Access the Member Directory
Managing Burnout When
You Don’t Have The Time
Compiled by: Young Advocates’ Standing
Committee Health and Wellness Working Group
We have all been there before: in the middle of a long arbitration; while
maintaining an uncomfortably high workload when others are not available;
or when trying to balance personal obligations with an extremely
busy period of practice.
When you get “too busy” or “too stressed” it can be hard to apply the typical
advice for managing burnout, which usually involves resting and turning
healthy goals into lasting changes. Given the added stress of adapting
to new professional and personal circumstances during the COVID-19 pandemic,
it is more important than ever to develop tools to stave off burnout
during intense periods. Therefore, we hope the following tips are helpful.
26 27

Find Something to Look Forward
To. “During crunch time, work
can feel all encompassing. To
break up the long periods of
work, try to book a smaller
moment each day (30 minute
walk; bath before bed; phone
call with a friend) and a larger
moment each week ((virtual)
dinner with friends or colleagues;
go on a bike ride) that
you can look forward to. This
may help to keep you motivated
and moving forward.”
- Brendan MacArthur-Stevens,
Blake Cassels & Graydon LLP,
Calgary, AB
Know your limits and ask for help
when necessary. “In the first years
of practice we want to do everything—work
with new people,
take on interesting files, learn
new things, and challenge ourselves—but
you can’t do everything.
Learn to say no. If you find
you have taken on too much, ask
for help from colleagues as early
as possible. And don’t forget to
be a team player when your colleague
needs you to reciprocate
the favour.”
- Claudia Cappuccitti, Dyer Brown
LLP, Toronto, ON
From time to time, take a
deep breath: “Taking even
a few deep breaths will
immediately improve the
state of your body and
your mind. And, you can
take a deep breath anytime,
anywhere, even in
the middle of the most
challenging situations.”
- Ben Grant, Conway
Baxter Wilson LLP/s.r.l.,
Ottawa, ON
It’s OK to be human. “When faced
with immense pressure and
deadlines, remember that you
are human and it is okay to feel
stressed or even have a meltdown.
If you need it, take a moment
to cry or let it out, and then
refocus on the task at hand and
on doing the best you can. When
refocusing, I find it also helps to
break task(s) down to singular,
achievable goals and make a
manageable list.”
- Leona Kung, Koskie Minsky LLP,
Toronto, ON
Take time to socialize with non-lawyers.
“A senior litigator in this area once
told me that ‘the easiest thing to do
is to stay in the office all night’, and
that it’s important to make an effort
to break that cycle. I try to spend a
lot of my social time hanging out
with non-lawyers. When I’m hanging
out with those outside the profession,
I’m prevented from “talking
shop” and it makes it easier to take
a break and enjoy myself without my
thoughts drifting back to work.”
- Zach Flemming-Giannotti,
Templemen LLP, Kingston, ON
Take the time to check in.
“Connect, even if its just briefly,
with people close to you. If
they know what you’re going
through, they may be able
to help or even just lend an
ear for you to release some
stress. Plus, they care about
you, and when you’re going
through a crazy time sometimes
just being reminded
of that can make a world of
difference.”
- Caitlin S. Regan,
Cox & Palmer, Halifax, NS
Try altering your perspective. “Cognitively
reframing your circumstances
can change how you experience
them. Examples of cognitive reframing
include: feeling gratitude for your
opportunities; thinking about how
your experiences are contributing
to your growth or a greater good; or
practising radical acceptance – the
act of accepting reality as it is without
judgment or resistance. This requires
only a few minutes of time and
attention, but can boost the amount
of energy you have to respond to the
concrete challenges you face.”
- Webnesh Haile, Singleton Urquhart
Reynolds Vogel LLP, Toronto, ON
Clear the clutter. “Making
an effort to keep my home
tidy and relaxing has a big
impact on my stress level.
When the space itself is
calm, it is a lot easier to recharge.
This also applies to
my workspace: whether in
the office or at home, I keep
it organized, bright, and
with mood-elevating personal
touches, like plants.”
- Sanam Goudarzi,
Department of Justice,
Ottawa ON
28 29

Fireside Chat on Advocacy
February 27, 2020 | The Calgary Petroleum Club, Calgary, AB
#ICYMI Archives
Available for Litigating from Home
TAS has been working to keep members connected and informed during the
COVID-19 pandemic and these programs are available on-demand.
Litigating from Home: A Starter Kit
Litigating from Home: Staying Healthy, Connected, and Productive
Virtual Fireside Chat with The Honourable Chief Justice Morawetz
Virtual Fireside Chat with Dr. David S. Goldbloom
Speakers:
The Honourable Justice M. David Gates, Court of Queen’s Bench of Alberta, Sarah Rankin, McKay Ferg LLP,
Shane Parker, Alberta Prosecution Service
For an up-to-date list of what is happening at TAS,
go to www.advocates.ca
30 31

Oops! Don’t Do It Again: Handling Mistakes in Practice
February 27, 2020 | The Vancouver Club, Vancouver, BC
Kingston Trivia Challenge
March 4, 2020 | The Kingston Brewing Company, Kingston, ON
Samantha Chang, McEwan Partners LLP, Aidan Cameron, McCarthy Tétrault LLP, Tony C. Paisana, Peck & Company,
Maryanne Prohl, Lawyers Indemnity Fund
2020 Trivia Champions MDD
Trivia Host Zach Flemming-Giannotti with the 2019 Trivia Champs Rorabeck Sowerby Theriault LLP
32 33

Litigating From Home: A Starter Kit
March 27, 2020 | Webcast
Virtual Fireside Chat with Dr. David Goldbloom
April 15, 2020 | Webcast
Dr. David S. Goldbloom, Senior Medical Advisor, CAMH
Guy J. Pratte, Ad. E., LSM, Borden Ladner Gervais LLP
Sinead Bovell, Founder, WAYE
Top Cases in Commercial Litigation
February 25, 2020 | The Advocates’ Society, Toronto, ON
Eric Brousseau, Ross Barristers P.C., Kyle Kuepfer, Fogler, Rubinoff LLP, Sînziana Hennig, Stikeman Elliott LLP,
34 Brent J. Arnold, Gowling WLG (Canada) LLP
Yola S. Ventresca, Lerners LLP
Cynthia Spry, Babin Bessner Spry LLP
35

www.advocates.ca