3 Things I've Learned as a Law Clerk

BY RACHEL SPENCE, LAW CLERK

Upon entering the legal field I was excited and eager to see if I had what it took to keep up in the real world, outside of school. I had been warned by other graduates that there was always a learning curve when starting, which I didn’t fully grasp until I arrived.

Looking back, I remember attempting to seek out blogs or articles just like this one, to see if anyone out there had any tips. In 2008, there was little to nothing as very few lawyers had websites or email addresses, let alone assistants or clerks writing about their experiences.

Eight years later, I'm glad to share the top three things I learned after entering the legal field:

Effective Foresight:

• Put the acronym “CYA” to use, despite its vulgarity, we need to work with it in mind to protect our lawyer(s) and clients. This means, double checking everything we draft, collate, scan, plan for and enter in to a calendar system more than once to ensure there are no errors and absolutely nothing is being overlooked or unplanned for.
• Reminding the lawyers of deadlines or minor details may seem annoying at first, but it’s part of your role.
• Ensure there are precedents and make it your business to know where all of them are. If there are none, begin creating them yourself. It is more work upfront, but less in the end.
• Know the Rules regarding service and ensure that everything is pre-planned in accordance with that knowledge.
• Make a “Follow Up” folder in your email to remind you of any follow ups you need to complete in the coming weeks.

Client Communications are an Art:

• Every day you will be communicating with people during the most difficult times in their lives. In many cases, they are extremely upset and looking for a clear way to resolve their problems on an expedited basis. You may be their first point of interaction with the firm and you have to ensure that you productively listen to best assist them.
• To obtain the information we need from clients, who may be fuming and deeply want to express their story and hardships – is not always easy to do. It is our job to guide them back to discussing the facts we require to assist them in getting results. Doing this while maintaining a sense of empathy is truly an art.
• When it comes to communicating with clients, I have found that efficiency is golden. If a client emails or calls for an update, despite how busy you are, attempt to get back to them within twenty-four hours even if it is to provide an acknowledgement and quick update, it will mean the world to most people.

Work Smarter, Not Harder:

• Sometimes all it takes is a 10 minute meeting with other staff members to discover issues that are very easy to resolve. Make a point to talk to other staff members about ideas they have or issues they are facing to see if you can work together to find a resolution.
• Is your office paperless? Why not? Faxes can come in via email these days instead of print.
• Utilize whatever technology you can to ensure that your firm is operating efficiently and thus, effectively using client retainer funds.
• Do you have a knowledge management process? Make sure you do.
• Do you have precedents for everything? Make sure you do.
• Do you have any ideas for promoting the firm? Speak up.
• Could you work remotely if required? Is this something that would increase productivity? If so, discuss it.
• Keep up to date on legal news and changes in the field. It’s as easy as following legal bloggers, legal organisations and even news on social media. The more in the know you are about what changes are happening, the better position you will be in to assist.

-Rachel Spence, Law Clerk

Visit our Toronto Law Office website: www.wiselaw.net

LSUC Targets Racism in the Legal Profession

BY LARA FRIEDMAN AND RACHEL SPENCE 

"Effective responses to racial discrimination and racial profiling start with acknowledging that racism exists." 18 — Ontario Human Rights Commission."

The Law Society of Upper Canada recently published a report, “Working Together for Change: Strategies to Address Issues of Systemic Racism in the Legal Professions," 

The strategic framework [proposed by the Report] is the culmination of thorough study and province-wide consultations, showing that racialized lawyers and paralegals face longstanding and significant challenges at all stages of their legal careers.

The Report recommends 13 strategic initiatives, including the following; 

1. Reinforcing Professional Obligations 
2. Diversity and Inclusion Project 
3. The Adoption of Equality, Diversity and Inclusion Principles and Practices 
4. Measuring Progress through Quantitative Analysis 
5. Measuring Progress through Qualitative Analysis 
6. Inclusion Index 
7. Repeat Challenges Faced by Racialized Licensees Project Inclusion Survey the Law 
8. Progressive Compliance Measures 
9. Continuing Professional Development (CPD) Programs on Topics of Equality and Inclusion in the Professions 
10. The Licensing Process 
11. Building Communities of Support
12. Addressing Complaints of Systemic Discrimination 
13. Leading by Example 

The Law Society also calls for action in five areas, as follows;

1. Accelerating a culture shift
2. Measuring progress 
3. Educating for change 
4. Implementing supports 
5. Leading by example 

To learn more about this, please read the article published by The Law Society of Upper Canada.

Let us work together to make racism a thing of the past!

- Lara Friedman and Rachel Spence

Visit our Toronto Law Office website: www.wiselaw.net

5 Things I have Learned as a Legal Assistant

BY LARA FRIEDMAN

Between finishing school, to being a Law Clerk Co-op Student, to now being a full-time employee at
Wise Law Office I have learned a multitude of tips that will help me as my career continues.

Here are 5 important tips that have helped me as a Legal Assistant.

1. Always Meet Deadlines By Planning Ahead

Meeting deadlines are a big part of being a Law Clerk. Deadlines in the legal field are very strict.  If you do not meet those due dates you and your client may be penalized. A few tips for organizing your deadlines and making sure you meet them are:

• Have a calendar and schedule in the due dates, reminders, and time to complete the tasks
• Have a check list on your desk or on your computer, it will feel good when you cross the task off the list
• Always check your to-do list or schedule way ahead of time, so that you are not rushing to get everything done on time

2. Interact with Clients on a Friendly Basis

Law Clerks and Legal Assistants have a lot of communication with the clients. You must be aware of the different personalities and different situations that can arise when you have these interactions.

Get to know your clients on a personal, but always professional level. Establish a good rapport.

The friendlier you are towards your clients, the more comfortable and responsive they will be.  That will always help them to help you and your firm build the strongest case possible.

3. Follow Up with Opposing Counsel

If you are expecting a document or response from an opposing counsel, make sure you always follow up when a specific amount of time has lapsed without the expected answer.

Remember, your client is counting on you and your firm to receive these documents and responses. Don't let deadlines pass without immediate follow-ups to the party you've been waiting on.

Be persistent.  And if you feel like you are annoying an opposing counsel who is late or not meeting set timelines, worry not.

You aren't being annoying! You are doing your job correctly.

4. Ask Early for Documents From Clients

After a client has officially retained your firm, your first step will often be to gather and organize as much key documentation as you can obtain from your client.

The earlier you get the required documentation, the better position you will be in when it comes to preparing an Affidavit of Documents, Documents Brief or Claim.

Ask early for all necessary documents, and you will always have the documents in time for deadlines ahead.

5. Update Your Clients Often

Updating clients in a very important part of our job. Keep this in mind:

• The more regularly a client is informed on what is happening in his or her case, the happier the client is rightfully going to be. 
• Ensure clients receive copies of all letters, emails and other communications received and prepared by your office in relation to the client's file or matter.
• Many of our clients will be new to legal matters, and they will truly benefit from explanations that give them plenty of notice as well as an in-depth explanation as to what is going to happen next and when.

Good things happen when legal assistants, law clerks and lawyers work together to ensure our clients are informed on where their cases stand - and where their cases are heading.

Help keep clients in the loop and good results will follow.

- Lara Friedman, Legal Assistant, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

Increase in Ontario Civil Filing Fees

BY RACHEL SPENCE AND LARA FRIEDMAN

As of November 6, 2016, Ontario civil and small claims courts have increased their fees, the new amounts can be found here.

This will impact both legal professionals and Ontario citizens involved in legal battles as the amount to have any document issued or filed has increased anywhere between $10-$20, which naturally increases the cost of the process but also aligns with the consumer price index increases.

Examples of some of the changes in fees:

• Small Claims Court Plaintiff's Claim issuance is moving from $75.00 to $95.00 (infrequent claimant); 
• Small Claims Court Defence filing is moving from $40.00 to $50.00;
• Superior Court of Justice Statement of Claim/Notice of Action issuance is moving from $181.00 to $220.00;
• Superior Court of Justice Statement of Defence filing is moving from $181.00 to $220.00;
• Superior Court of Justice Notice of Intent to Defend filing is moving from $144 to $175.00;
• Superior Court of Justice filling of a Trial Record is moving from $337.00 to $405.00;

- Rachel Spence and Lara Friedman

Visit our Toronto Law Office website: www.wiselaw.net