Keeping - Tabs - Summer - 2022

KEEPING TABS
The Advocates’ Society
SUMMER 2022

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.
Visit www.advocates.ca. Be part of the legacy of extraordinary advocates.

CONTENTS
05
07
20
Chair Chat
Claudia Cappuccitti, Dyer Brown LLP
The future of advocacy and work
arrangements ‘post’-pandemic:
Perspectives of young advocates
Brendan MacArthur-Stevens, Blake, Cassels & Graydon LLP,
Sara McGregor, Borden Ladner Gervais LLP,
Zachary Thiffault, Métis Nation of Ontario
The Lawyer’s Summer Road Trip
Patrick MacDonald, City of Hamilton
Editor: Alexandra Shelley, Torys LLP | ashelley@torys.com
Deputy Editor: Khrystina McMillan, Ontario Securities Commission
Keeping Tabs Editorial Team: Carlo Di Carlo, Stockwoods LLP, Patrick J. MacDonald, Sean Petrou, McCarthy Tétrault LLP, Timothy J.L. Phelan,
Cambridge LLP, Sebastian L. Pyzik, Woods S.e.n.c.r.l.
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

Now Live! Friends Who Argue - A new TAS podcast jointly
hosted by our Young Advocate and 10+ Standing Committees.
Segments will feature dialogue with the people who get what you
do, as we delve into both the serious and lighthearted aspects of
life as an advocate in Canada. Know a TAS member we should
talk to? Contact Webnesh Haile at WHaile@singleton.com
Friends Who Argue is sponsored by

CHAIR CHAT
Chair Chat
Claudia Cappuccitti, Dyer Brown LLP
Welcome to the 2022-2023 term! Thank you to everyone
who joined us at the End of Term Dinner.
It was such a pleasure to see so many of you, in
person, after two+ years of virtual gatherings.
As this new term begins, YASC is excited to be
planning in-person events, including socials to
catch up with old friends and meet new ones,
and networking events to re-connect. We will
continue to run some events virtually, which
has enabled us to strengthen ties between our
cities and towns. We’re also working on new
mentorship opportunities for Young Advocates.
As ever, we’re thrilled to be continuing our work
advocating for and supporting young lawyers
in their practice and helping grow the TAS community
across the country.
We thank our outgoing YASC Committee members:
Anna Alizadeh, Anisa Arra, Ashley Bennett,
Andrea Bolieiro, Louis Century, Chantale Dallaire,
Carlo Di Carlo, James Foy, Sinziana Hennig,
Aria Laskin, Brendan MacArthur-Stevens, Caitlin
Regan, Jane Scholes, Kortney Shapiro, Rebecca
Shoom, Sahil Shoor, and Kent Williams for the
incredible contributions they have made to TAS
and their legal communities. And thank you to
Erin Pleet, our outgoing Chair, who has been a
tremendous leader and an example to us all of
how to be a good advocate.
In this special edition of Keeping Tabs, Brendan
MacArthur-Stevens, Sara McGregor, and Zachary
Thiffault share the Future of the Profession
Working Group report on the perspectives of
Young Advocates and the impact of remote
work on practice and mentorship. Patrick Mac-
Donald also goes remote, taking us on a legally
significant road trip. Thankfully, he avoids Pain
Court, Ontario.
If you’d like to contribute to an upcoming
edition of Keeping Tabs, we would love to hear
from you. Please email our editor, Alex Shelley.
If you’re looking to get more involved, you can
join our Volunteer Roster by reaching out to me
at cc@dyerbrownlaw.com.
Be sure to check your inboxes or follow The Advocates’
Society on Twitter, LinkedIn, and Facebook
for the latest on our events and initiatives.
5

Fall Forum 2022:
The
Connected
Advocate
October 21 & 22, 2022
1:00 pm - 4:30 pm (ET)
Blue Mountain Resort
Village Conference Centre
242 Jozo Weider Blv Blue Mountains, ON
The Advocates’ Society, in conjunction with
the Young Advocates’ Standing Committee,
is pleased to present Ontario’s premier CLE
and networking conference for lawyers one
to ten years in practice – returning to an inperson
format for the first time since 2018!
This Fall, we will make up for lost time and will
explore strategies for advocates to reconnect,
sharpen their advocacy skills, and seek out
mentorship opportunities in today’s
ever-evolving legal landscape.
To learn more visit www.advocates.ca

TAS REPORT
The future of advocacy
and work arrangements
‘post’-pandemic:
Perspectives of young advocates
Brendan MacArthur-Stevens,
Blake, Cassels & Graydon LLP,
Sara McGregor, Borden Ladner Gervais LLP,
Zachary Thiffault, Métis Nation of Ontario
Introduction
For many advocates across Canada, the COVID-19 pandemic fundamentally changed their working
environments and means of delivering legal services. Some of these changes have been particularly
acute for young advocates, many of whom have embarked on their legal careers in a virtual world.
As legal organizations grapple with what a return to ‘normal’ looks like, members of YASC sought
to understand how young advocates are thinking and feeling about this return. Should we all revert
back to the way things were before the pandemic? Or has COVID sparked new ideas and new
ways of working that we should maintain and expand?
To help answer these and other questions, YASC developed a survey for young advocates about
the future of advocacy in the post-pandemic world. Beginning in Fall 2021 and culminating in early
2022, YASC interviewed or surveyed more than 220 young advocates. Respondents hailed from
7

working in government, in-house, or legal
across Canada, and the vast majority of them
were called to the Bar between 2014 and 2021.
Approximately 85% of respondents currently
work in private practice, with the remaining
15% working in government, in-house, or legal
clinic positions.
The more than 220 responses were carefully
analyzed. Although the responses reflect a diversity
of views and lived experiences, 10 key
takeaways emerged and have been summarized
in this special issue of Keeping Tabs.
Our hope is that young advocates will read
this piece and share it with the leaders of
their organizations and ask them to carefully
consider the perspectives of young advocates
when making decisions about the future of
advocacy, legal practice, and working environments
more generally. Recognizing and
responding to these perspectives will, in our
view, improve work satisfaction and performance,
enhance mental and physical health,
and ultimately increase the retention of young
advocates in the profession.
Key takeaway #1:
Flexible work arrangements are preferred
Question: “In terms of working remotely vs. working
from the office, what is your ideal work setup
personally?”
A majority (56%) of the young advocates surveyed
indicated that a “blend of working from
home and working from the office” is best. By
contrast, 24% of respondents indicated that
they prefer “mostly working from the office”,
while 20% indicated that they prefer “mostly
working from home”.
When asked to explain their preference, many
young advocates highlighted the benefits of
blended work environments that permit some
work from home. One respondent wrote that,
“[a]s a junior lawyer, I appreciate having some
time back to myself by being able to work from
home. I think it is helpful for mitigating the effects
of burnout in the profession, and likely has
improved private practice retention.”
16%
14%
12%
10%
8%
6%
4%
2%
0%
3%
0%
3%
Year of Call of
10%
13%
11%
2011 2012 2013 2014 2015 2016
Another respondent emphasized that working
from home has both positive and negative
attributes, thereby enhancing the importance
of a blended approach:
The The future [home] of advocacy environment and feels work less arrangements stressful, and ‘post
Perspectives there are a of number young of advocates efficiencies and comforts
associated with working from home that I think
are very positive. I eat more nutritiously because
when I have a moment I can walk to the kitchen
and prepare something that isn’t food court takeout.
I can get a little extra sleep, not worry about
my appearance too much and sit down to work.
However, working remotely felt more difficult in
the long dark winter days when a change of scenery
feels really necessary. That’s the main reason I
believe a mix is most appropriate.
With a strong majority (76%) of young advocates
preferring a blended or work-from-home
model, legal organizations should be hesitant
to mandate a full return to the office. From the
perspective of most young advocates, flexibility
is crucial. Such flexibility will allow individuals to
structure their work environment in a way that
is most conducive to their own successful work
production and well-being.
8

clinic positions.
Respondents
Key takeaway #2:
Despite a desire for flexibility, the office
remains an important place
Question: “In terms of working remotely vs. working
from the office, what is, in your view, the ideal work
setup for your team or organization as a whole?”
This question saw a shift in responses from
out my appearance too much and sit down to work.
the question about personal preferences. Only
rking remotely felt more difficult in the 9% long of young dark advocates responded that “mostly
working from home” is best for their team
hen a change of scenery feels really necessary.
or organization
That’s
as a whole. 26% indicated that
son I believe a mix is most appropriate. “mostly working from the office” was preferable,
while 65% indicated that the best approach for
their team or organization is a “blend of working
blended from home or and work-from-
working the office.”
y (76%) of young advocates preferring a
rganizations 2017 2018 should 2019 be 2020hesitant 2021 to 2022mandate What
a
these
full
responses
return to
demonstrate
the
is that
when asked to consider the well being of their
spective of most young advocates, flexibility team or organization, is crucial. 91% Such of young advocates
dividuals to structure their work environment
are of the view
in a
that
way
the
that
office
is
remains an important
place, at least to some degree. As a result,
well-being.
the first key takeaway is subject to an im-
eir own successful work production and
portant caveat: flexibility is good, but the office
’-pandemic: In terms of working remotely vs. Page 2 still has an important role to play when it comes
working from the office, what is to infrastructure and technology, fostering feelings
from of collegiality the and belonging, and mentorship
of working your ideal remotely work setup personally? vs. working
(both formal and informal).
hat is your ideal work setup personally?
Many young advocates highlighted the benefits
of an office or in-person environment. Some
comments we received were:
• “I miss the collegiality and learning that takes
Home
place in-person with and from colleagues.”
20%
• “Outside of the office there is less collaboration
and I feel less connected to my team.”
Blend
• “I am more comfortable working from home
56% Office
… [but] I enjoy the supports (people and tech)
24%
in the office.”
This second key takeaway emphasizes that
flexible work arrangements must still account
for the significant benefits of in-person collaboration,
in-office technology and practice supports,
socializing, and teamwork. These benefits
can be particularly powerful for young
advocates at the start of their careers.
14%
13%
8%
9%
14%
2%
flexibility, the office remains an important place
working remotely vs. working from the office, what is, in your view,
9

ocializing, and teamwork. These benefits can be particularly
cates at the start of their careers.
In terms of working remotely vs.
working working remotely from the office, vs. what working is from the
is the
the ideal work
work
setup
setup
for your team
for your team or
or organization as a whole?
organization as a whole?
Blend
65%
Office
26%
Key takeaway #3:
Mentorship has suffered during the pandemic
Questions: “What do you miss about the pre-pandemic
practice of law? What have you not enjoyed
about remote working?”
Respondents consistently reported that the
virtual work environment has significantly undermined
effective mentorship and lessened
the collegiality of their work environment.
The pandemic has undeniably taken a toll on
the level, quality, and amount of mentorship
young lawyers are receiving. When asked what
they missed about practising law pre-pandemic,
many young advocates replied that working
remotely has put a strain on access to more senior
lawyers, whereas prior to the pandemic,
being in the office created daily opportunities
rk arrangements ‘post’-pandemic:
s
Home
9%
to run into a mentor, or pop into their office to
discuss a file. During the pandemic, mentorship
has become much less organic, requiring scheduled
calls and meetings with people you may
not have seen in-person for months (or ever,
depending on when you started practising).
While young lawyers must develop their own
critical thinking and problem-solving skills as
they transition from students to licensees, one
respondent’s comment that they “have not enjoyed
the lack of mentorship and difficulty in
getting direction or oversight on files,” is echoed
by many of their fellow young advocates. Another
new call described the impact a lack of
mentorship can have at this critical stage of a
lawyer’s career:
I believe that we are lacking the type of handson
mentorship that is critical in the early phase
of our careers. Remote work has its advantages
in terms of lifestyle, but there is a lack of ability
to really see how senior lawyers practice and
how to emulate some of this in our own practices.
Simply being around other lawyers leads
to discussions that not only assist in finding answers
to tough legal questions, but it furthers
our development by training our minds to
think of certain things that we would not consider
given our limited experiences.
Having easy access to mentors
Page 5
and more senior
colleagues is important for young lawyers,
particularly in the first few years of practice.
There are now at least two years’ worth of young
lawyers who have completed their articles and
entered the profession under some form of fullor
part-time work from home policy. The effects
on young advocates this reduced access to formal
and informal mentoring with more senior
counsel remains unknown, but as we continue
practising law during a global pandemic, it is vital
that employers and leaders within the legal
profession take steps to ensure students and
new members of the Bar are given access to
the mentorship relationships they need, want,
deserve, and may have been missing because
of COVID-19.
10

Key takeaway #4:
Virtual Advocacy has its benefits
Questions: “What do you not miss about the
pre-pandemic practice of law? What have you
enjoyed about remote working? As we transition
back to more in-person work, what types of advocacy
do you think should still proceed virtually in
some cases?”
robes Many for respondents all of their praised appearances. the transition 1 to
virtual advocacy that was necessitated by the
pandemic. In recognition of the benefits of virtual
advocacy, young advocates identified several
types of advocacy that they felt should continue
to proceed virtually, even after the pandemic
ends. These included questioning / discoveries
(67% of respondents), applications and motions
(69% of respondents), and pre-trial conferences
(72% of respondents).
A number of young advocates described the
the last two years by not having to travel for
work or commute between court houses and
court reporter’s offices. Others described the
benefits of not “lining up at the courthouse” and
“losing hours for a 5-minute motion”. Virtual proceedings
have translated into greater efficiency,
more personal time, capacity to work on other
typically more relaxed, and they have appreciated
files, as well
not
as noticeable
having to
cost
wear
savings
full
for
suits
clients.
or
Other respondents described how effective virtual
advocacy can be — particularly for shorter,
A number of young advocates described feeling non-contentious pleased or with procedural how virtual matters. advocacy
has generally been embraced by the profession, One young and how advocate the comfort noted that level virtual of most hearings
and Court appearances are “somewhat
people with platforms like Zoom seems to have increased. It was also noted that
less intimidating” than in-person proceedings
COVID has, at least for now, done away with as some “Zoom individuals’ eliminates “insistence physical concerns everybody about
being in-person and the lack of options for remote when attendance.”
and where to stand, sit, etc. and who is
who in the courtroom.” Several respondents
Virtual advocacy may have taken some time also to noted get that used they to have and enjoyed is clearly that not virtual for
advocacy is typically more relaxed, and they
everyone (see the next key takeaway), but for many young advocates, the transition
significant amount of time they have saved over have appreciated not having to wear full suits
to and rise in popularity of electronic hearings and court appearances has had an
undeniably positive impact on their lives and practices.
80%
What types of advocacy should
still proceed virtually post-pandemic?
70%
60%
50%
40%
30%
20%
10%
0%
68%
39%
72%
51%
75%
17%
26%
11

or robes for all of their appearances. 1
A number of young advocates described feeling
pleased with how virtual advocacy has generally
been embraced by the profession, and
how the comfort level of most people with platforms
like Zoom seems to have increased. It
was also noted that COVID has, at least for now,
done away with some individuals’ “insistence on
everybody being in-person and the lack of options
for remote attendance.”
Virtual advocacy may have taken some time to
get used to and is clearly not for everyone (see
the next key takeaway), but for many young advocates,
the transition to and rise in popularity
of electronic hearings and court appearances
has had an undeniably positive impact on their
lives and practices.
Key takeaway #5:
Virtual Advocacy has its drawbacks
Questions: “What have you not enjoyed about remote
working?”
The transition to virtual advocacy has also presented
challenges and a steep learning curve
for many young lawyers. Many respondents described
how virtual advocacy indisputably has a
role in the future of the profession, but that it is
not a perfect substitute for in-person appearances,
which can offer junior lawyers more exposure
to different advocates and their personal advocacy
styles. In-person appearances also provide
young advocates with the opportunity to expand
their professional networks when meeting and
spending time with opposing counsel and members
of other firms and organizations.
Based on the responses received, the more
complex and adversarial the hearing or proceeding,
the more young advocates wish to
see it conducted in-person. This sentiment is
exemplified by the fact that only 16.8% of respondents
think trials should continue virtually,
only 26.2% of young advocates think appeals
should remain Zoom-based, and 39.3% think
virtual cross examinations are here to stay. Interestingly,
when it comes to mediations, there
was a near-even split amongst respondents
on how they ought to proceed post-pandemic,
with 51.4% of young advocates suggesting
this alternative dispute resolution mechanism
should continue to proceed virtually. Based on
these response figures, it appears that young
advocates tend to support a return to in-person
advocacy for hearings requiring more active involvement
between other counsel, triers, parties,
or witnesses.
Many respondents noted that they have made
submissions in court virtually but feel that it is
not the same as an in-person appearance, and
that a different skill set is required to be an effective
virtual advocate. In this vein, virtual advocacy
was explained by one respondent as having
“its place and [being] useful for many things, but it
is not a complete substitute and even if it is a substitute,
there are latent costs we are not appreciating
(networking, business development, etc.).”
12

When it comes to virtual advocacy, the perspectives
of young advocates appear to be in
alignment with the views expressed by The Advocates’
Society’s Modern Advocacy Task Force
in its June 2021 Final Report, The Right to be
Heard: The Future of Advocacy in Canada. However,
there does appear to be an enhanced openness
among more junior members of the Bar to
continued virtual advocacy for at least some portions
of the of dispute resolution process.
Key takeaway #6:
Young parents have been uniquely affected
by the pandemic
Though our survey did not specifically address
parenting during the COVID-19 pandemic, in reviewing
the responses, numerous references to
both the pleasures and pressures of balancing
child rearing and family responsibilities with professional
obligations were noted. From the responses,
it is evident that young advocates who
also have parental obligations have faced unique
challenges throughout the pandemic associated
with managing their obligations to their families
and to their clients.
Some young advocates noted that work from
home policies have removed their commute,
thereby allowing them to spend more time at
home and with their young children. As one respondent
highlighted “morning routines with
my child are easier working from home.” As
such, the pandemic and virtual working environments
have enabled some lawyers to maximize
time with their families, where before the
pandemic they would have been in transit or
away from their homes for extended periods of
time each day.
However, not all respondents with young
children have found working from home to be
a positive experience. Some respondents described
the tension and challenges they have experienced
while parenting and striving to build
their careers and practices during the pandemic,
which often leads to more work during the
evenings and on weekends. In particular, one
respondent described having “enjoyed seeing
my son more [while working from home]. However,
as work expectations returned to normal,
I did not enjoy having him around as a distraction.”
Another respondent stated:
I can’t underscore enough how miserable it has
been to be a parenting lawyer during the pandemic.
We are ‘lucky’ to be able to work from
home, but our home is full of kids, there is next
to no additional support, and the work demands
haven’t relented.
A third respondent also lamented that:
Parenting kids during the pandemic has been
miserable and difficult. WFH [work from home]
is making that slightly easier but obviously
work is constantly interrupted. I have enjoyed
not having to get dressed up all the time, but
I’d trade that any day to get back to in person.
While a fourth young advocate described how
“there is nothing I don’t enjoy about working re-
13

motely”, although they noted that they might
feel differently if they had kids or pets to care for.
Based on this spectrum of replies and lived
experiences, it appears that parenting and
working from home during the pandemic have
been a struggle for many young advocates and
may be something their non-parent peers have
observed, albeit second-hand. It is important
that employers and leaders of the legal profession
consider and implement measures to ensure
lawyers who are also parents or caregivers
are not more susceptible to burnout than their
peers simply because their home has also become
their office.
Key takeaway #7:
Remote working has increased the use of
technology in the practice of law (and that’s a
good thing!)
Our survey did not specifically ask young advocates
to describe whether the pandemic has
prompted them to increase the use of technology
to practise law, but many respondents mentioned
it when responding to a question about what they
have enjoyed about remote working.
In March 2020, many organizations and law
firms, not to mention the Courts, closed their
doors and sent the majority of their employees
home to work remotely. In a matter of days,
many legal professionals lost regular access to
their offices and the technology and supports
on which they had come to rely. Courts across
Canada were also required to create or improve
their existing electronic filing systems and arrange
for proceedings to take place virtually.
While the transition to working remotely, attending
virtual meetings, going (mostly) paperless,
and having to create a long-term home office
space presented challenges for most of us, two
years into the pandemic, many young advocates
described how COVID-19 forced their employers
to explore and embrace new technologies. Respondents
also described how the increased use
of programs like Zoom and Teams has generally
been beneficial for them and their clients.
Several respondents did note that mobile
devices, new technologies and platforms like
Zoom and Teams are only helpful when they
work, and that having access to support when
technical issues arise is important to them and
their practise; however, the technologies’ benefits
outweigh the occasional headache associated
with a dropped call or audio/video glitch.
Several young advocates praised the increased
use of technology occasioned by the pandemic
for increasing efficiency and resulting in cost savings
to their clients. A number of respondents
also described how remote working and the
ability to video conference with clients, opposing
counsel, and decision makers has “leveled the
playing field” and enabled them to participate
more fully in matters taking place in other jurisdictions.
The increased use of electronic filing
systems across the country was also applauded
by many respondents, who described not having
to file hard copy documents with the Courts as
one of the things they enjoy most about practising
law during COVID. Some respondents also
described that their work from home set-ups
(monitors, keyboard, etc.) are superior and more
comfortable to their office workstations.
Key takeaway #8:
Young advocates support vaccination policies
and other safety protocols
Questions: “What is your employer currently mandating,
or planning to mandate, in terms of vaccinations,
rapid testing, etc.? What do you wish your
employer would mandate, if anything, in terms of
vaccinations, rapid testing, etc.?”
Based on responses received, young advocates
across the country have overwhelmingly
indicated a desire to have protective policies in
place when and if they return to the office. A
clear majority, 71.8% of young advocates surveyed,
indicated that they wish their employer
would implement vaccination mandates within
the office. Another 15.3% of respondents noted
that they wish to see policies requiring either
mandatory vaccinations or negative rapid testing
14

employers, as 62.6% of respondents’ employers already have implemented (or are
planning to implement) vaccination mandates prior to a formal return to the office,
11.3% results before have instituted entering the policies office. Only requiring 6.9% of either id test employees result, and only be vaccinated 8.6% have no or mandate have a
respondents indicated that do not want mandatory
vaccination or rapid testing policies instidents
were unsure of their employer’s current
or testing policy. Approximately 9.9% of respon-
negative rapid test result, and only 8.6% have no mandate or testing policy.
Approximately tuted within their 9.9% workplace. of respondents were unsure policy, or of future their COVID-19 employer’s office current health and policy, safety
polices.
veyed appear to generally align with the current It is apparent that the majority of junior law-
or The future opinions COVID-19 of the young office advocates health and we safety sur-
It measures is apparent (as of that the time the majority of writing) of implemented
by their respective employers, as 62.6% of re-
COVID-19 prevention if and when they return to
junior lawyers are thinking about about health health and and safety safety and
and COVID-19 prevention if and when they return to the office with any regularity. It
spondents’ employers already have implemented
also (or are clear planning that for to the implement) most part, vaccination their employers for the most are part, taking their the employers health and are safety taking
the office with any regularity. It is also clear that
is
of mandates their employees prior to a formal into consideration return to the office, as return the health to work and polices safety of are their being employees developed into
and 11.3% unveiled have instituted across policies the country. requiring either consideration as return to work polices are being
developed and unveiled across the employees be vaccinated or have a negative rap-
country.
What do you wish your employer
would mandate in terms of vaccinations, rapid
testing, etc.?
Mandatory Vaccination or
negative COVID test
16%
Mandatory
Vaccination
71%
No Mandates
7%
No Preference
6%
Key takeaway #9:
The Work future from of home advocacy has and affected work arrangements physical and ‘post’-pandemic:
mental health both positively and negatively Page 13
Perspectives Questions: of “What young have advocates you enjoyed about remote working? What have you not enjoyed about
remote working?”
When asked to describe what they have enjoyed and not enjoyed about working from home,
many respondents noted the impacts of remote working on both their mental and physical health.
For a number of young advocates, working from home has given them greater flexibility during
the workday to take breaks or work out, cut down on their concerns about physical appearance
and dress, and enabled them to get more sleep. Others noted that they have felt empowered to
start work at a time that suits them and their lifestyle and enjoy no longer feeling pressured to put
15

in “face time” at the office. Several respondents
described that working remotely has afforded
them more time at home with their families and
pets. While not universal to all respondents,
this was generally viewed as a positive development.
Lastly, a popular response described how
spending more time at home equated to having
more time to cook, which has resulted in less
money spent eating out and generally healthier
eating habits.
One young advocate noted that they have “enjoy[ed]
saving time and money, being comfortable,
and maintaining a healthy lifestyle” since 2020.
Another described how “the privacy, solitude,
psychological and physical comfort [of remote
working], time and energy saved in transit, control
over my environment, reduced stress, better worklife
balance, and increased productivity” has had
a positive impact on their life. Another respondent
noted that their work from home environment
“feels less stressful… I eat more nutritiously
because when I have a moment I can walk to
the kitchen and prepare something that isn’t food
court takeout. I can [also] get a little extra sleep”.
On the flip side, many young advocates responded
that they have found the last two years
working from home lonely and described experiencing
feelings of isolation. One respondent
noted that they “miss being a functioning human
that actually does stuff instead of sitting behind
a computer for 12 hours per day.” Some young
advocates miss in-person work and connecting
face-to-face with their colleagues and mentors.
Several respondents also described suffering
from ‘screen fatigue’ and have found it more
difficult to focus when working from home versus
working in the office. As further described in
the tenth key takeaway, many young advocates
have struggled with setting boundaries and
carving out time away from their desks. One respondent
described missing “respectful communication
and cognizance of real work life bound-
16

aries. As we are all working from home it feels like
we are on call 24/7, particularly if you do not have
children.” While another found that their “body
physically hurts more when working from home.
My home office chair isn’t as ergonomically appropriate.
Also, I believe I move around less in a day.”
Remote working has definite advantages for
many young advocates, but the challenges and
negative impacts associated with self-isolating
and living and working in the same space
should not be ignored. Many of the concerns
expressed by young advocates in response to
this question underscore the need for flexibility
and hybrid work models moving forward.
Key takeaway #10:
Work from home has blurred the line between
work and personal time
Our survey did not specifically ask young advocates
about setting boundaries and carving out
personal time when working from home; however,
may respondents raised this issue when describing
what they miss about the pre-pandemic
practice of law and what they have not enjoyed
about remote working.
While some young advocates feel that working
from home has enabled them to set their
own schedules and prioritize their health and
well-being, others have struggled to set boundaries
with their employers and clients and have
found that the “lines between personal time/work
time have been blurred.”
One respondent noted that “I have not enjoyed
how remote work has made it more difficult to separate
work from home life and create that vital mental
and sometimes physical space needed to maintain
better mental health and mental hygiene.” Other
young advocates described how they and many
of their more junior colleagues do not have designated
home offices, which can be “taxing”. Instead,
their living rooms, kitchens, or bedrooms have
been commandeered by remote work set-ups,
which has reduced their living space and makes
disconnecting from work more challenging.
The future of advocacy and work arrangements
‘post’-pandemic:
I have not enjoyed the lack of separation between
work and home and losing my kitchen
table to my office set up, the assumption (presumption)
that because I am home, I am available
to work and respond to calls/emails.
Many respondents described feeling as though
they need to be online or available to their colleagues
and clients 24/7 and noted that it is not
uncommon to receive emails late into the night.
As a result, there is no “natural end to the workday”
and many young advocates are left wondering
when and how they can truly disconnect.
With many young advocates living and working
in smaller spaces (which they may or may not
share with roommates or family), disconnecting
from work at the end of each day and on weekends
and holidays is more difficult than ever.
Employers in particular need to be mindful that
many of their more junior colleagues are tired,
lonely, feeling isolated, and may be unsure about
when and how often they are expected to be online
and available. It is incumbent on employers
and decision-makers within the legal profession
to set boundaries for themselves and their more
junior colleagues, use delayed delivery features
when sending late-night emails, and otherwise
encourage young advocates to take time away
from their desks and computers. Legal careers
can be busy, but in order for them to be long and
rewarding, health, interpersonal relationships,
and mental well-being must come first.
Conclusion
The pandemic has forced advocates of all levels of
seniority to reconsider the way we have historically
delivered legal services. As we collectively define
the new ‘normal’, we have a significant opportunity
to foster work environments and a community
of advocates that is healthier and happier, while
also being more adaptable, efficient, and resilient.
Based on the responses we received to this
survey, simply reverting back to pre-pandemic
work arrangements, rigid in-office attendance
requirements, and other practices are not the
17

est path forward. Enhanced workplace flexibility
should be provided, in tandem with concerted
efforts to increase mentorship opportunities
and relationships, collaboration, and
teamwork. New technologies and devices that
enable lawyers to work nimbly and paper-free
should be embraced and adopted. These innovations
will not only make us more efficient but
improve client service, generate business (and
therefore, revenue), and increase access to justice.
Lastly, leaders of the legal profession owe
it to all members of the Canadian Bar to seek
out and consider the voices of young advocates
and implement their ideas and suggestions if
meaningful, lasting change is to be achieved.
The COVID-19 pandemic highlighted many of
the legal profession’s antiquated practices and
inefficiencies, and the fact that necessity is truly
the mother of invention (or, in this case, modernization).
The time for fresh perspectives and
new ways of doing things is now, and who better
to opine on these subjects than the newest
members of the profession?
Our final interview or survey question asked
respondents to provide any tips they may have
for young lawyers based on their experience
working during the pandemic. We received a
great deal of excellent advice and wish to close
by sharing some of that guidance:
The pandemic has taught us that we should
always be adaptable. You should not be afraid
about pushing for changes that will ensure your
working environment and the justice system
work for you, your peers, future peers, and your
clients. Being a young lawyer is not an impediment
to instigating change. If anything, you are
best positioned to advocate for it.
• Learn to truly disconnect after a day’s work,
even if working from home. You are more
than just your work or your position at
work, and it is important to cultivate your
life outside of work.
• Use screen sharing effectively in hearings. I
have found that forcing a decision maker to
look at a key piece of evidence or important
case has been very effective – without worrying
that they are flipping to the wrong page!
• Don’t hesitate to reach out to your colleagues
for assistance and guidance! Sending
an email or instant message, or picking
up the phone, can feel more intrusive than
just popping by someone’s office, but it is
no less important.
• Invest in ergonomically sound office furniture
at home to preserve your health;
reach out to work colleagues more than
feels natural to stay in touch; embrace
technology in your practice to make it
more efficient and effective.
This document was written and edited by the
following members of the Young Advocates’
Standing Committee:
Brendan MacArthur-Stevens
Sara McGregor
Zachary Thiffault
Acknowledgements
The authors would like to thank YASC’s 2021-2022 Executive
Committee, Erin Pleet, Claudia Cappuccitti, and Chris Hunter,
for their support of this initiative and guidance. The authors
also thank Robin Black, Dave Mollica and Jessica Lim
of The Advocates’ Society and fellow YASC members Anna
Alizadeh, Irina Rosca, and Aria Laskin, for their assistance
in surveying and interviewing young advocates across Canada.
Finally, a big thank you to each of the more than 220
respondents for taking the time to share your valuable perspectives
and experiences.
Note
1 Authors’ note: This report was drafted prior to the release
by different courts of protocols for virtual hearings
that address questions of virtual courtroom attendance
etiquette, such as Chief Justice Morawetz’s
March 17, 2022 video recording announcing the
Ontario Superior Court of Justice’s ‘Guidelines To Determine
Mode of Proceeding’ in Civil, Criminal, Family
and/or Small Claims Court and Virtual Courtroom Etiquette
guidelines.
18

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FUN FEATURE
The Lawyer’s Summer
Road Trip
Patrick MacDonald, City of Hamilton
Ah summer! When every lawyer relents to pressure from friends and
family to get out of the office and live life for once. But why not have it
both ways? Keeping Tabs has planned a road trip that lets you go on
vacation while still subjecting your loved ones to the minutiae of legal
practice (whether they like it or not)!
Judge Lake, Ontario -
It’s on a dirt road two hours west of
Nipissing, but there is still a level of decorum
expected. So please be sure to
rise whenever Your Honour passes by
on a jet ski.
Grisham Township, Illinois -
The burial place of the patron saint
of lawyers is in France, and we’re not
driving there. So a town with the same
name as our greatest legal pulp writer
will have to do.
Constitution, Ohio -
This town was named for local resident
Ephraim Cutler, who fought to have
slavery outlawed in the Ohio state constitution.
Why you wouldn’t just call the
town “Cutler”, I have no idea.
20

The Motion, Newfoundland -
I swear, if the local newspaper here
isn’t called “The Motion Record”,
then I’m turning the car around and
going home.
Advocate Harbour, Nova Scotia -
Not just a great legal name, but also an
unironically great spot. Amazing views
of the Bay of Fundy and a world class
restaurant (Wild Caraway).
Harcourt, Newfoundland -
You could pose in front of the
“Welcome to Harcourt” sign while
wearing your robes, then post that
photo to Law Twitter. At which point
Law Twitter would collapse on itself
in bemusement.
Lawyersville, New York -
Named for Thomas Lawyer, who was
fittingly called to the bar in the early
19th century. And yes, he’s heard every
joke you can come up with.
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