Litigation Assignments

Litigation Assignment

The highlight of my experience in the Litigation Group happened early in my rotation. Within one week of arriving at the firm, I began to assist an associate in preparing for a three-week medical malpractice jury trial. My involvement in the file quickly grew beyond the discrete research and organizational tasks that I had initially been assigned.

I completed many research memos on key issues at trial, and I was asked to turn many of my memos into facta that were used at trial. I was even given the opportunity to draft our party's submissions to the judge on the issues we wanted her to address in the jury charge. It was very rewarding to see my research being put to use directly by the lawyers. The icing on the cake was being able to go to court on the final day of the trial, and see some of my research in action as the lawyer presented our case to the judge.

Perhaps the most rewarding part of this experience, however, was the level on which the lawyers involved me in the file. My assigning lawyer always explained the context of the trial and particular issues to me when giving me research assignments, which allowed me to tailor my research to make it more useful in light of their overall trial strategy. As I did more research on particular points of law, it was not unusual for me to be asked for my opinion on whether we would be successful on particular legal issues. I felt that my research contributions were valued and recognized, as shown by the fact that I was allowed to take on more important tasks as I proved my capabilities to the lawyers. The willingness of McCarthy Tétrault lawyers to delegate substantive work to students and recognize their abilities is definitely unique!

Katherine Booth, Summer Student 2010 and Articling Student 2011/12, Toronto

As a summer student in the Litigation Group at McCarthy Tétrault, I was immediately an integral part of the team. Within only a couple of weeks, I received an urgent call from my mentor, who was out of the city on the defence side of a medical malpractice jury trial. He informed me that the plaintiff was missing a piece of evidence essential to his claim and asked me to provide suggestions on what we could do about it. Having my research relied on mid-trial was intimidating at first, but this became an experience that was more than I ever dreamed I would have in my first summer. Through careful research and the support of my mentor, I was able to provide him with an answer — one that ended up turning the case! The jury found for the plaintiff, but the trial judge rejected the jury's verdict in accordance with a motion brought by our lawyers based on my research.

The experience showed me just how important students are at McCarthy Tétrault. Our work is definitely relied on, but we are not left to fend for ourselves. My mentor was available as soon as court was over each day for periodic discussions, brainstorming further avenues with me to ensure that we had covered all of the bases (and, of course, updating me on the progress of the trial). I was invited to attend the closing, where I saw the foundation being laid for my motion first-hand. Sitting in that courtroom as a part of the McCarthy Tétrault team, I knew I had chosen the right firm.

Dorothy Charach, Summer Student, 2010 and Articling Student 2011/12, Toronto

The experience of working at McCarthy Tétrault as a student over the past two summers has given me a good understanding of the various practice areas of the firm and confirmed my interest in litigation. At this firm, litigation is an important and diverse practice area so I had the opportunity to be involved in a wide variety of mandates.

Generally, when working for a litigation lawyer for the first time, the mandate received is theoretical and the research relates to specific legal issues to be examined. As the mandate progresses, however, a relationship of trust develops. For example, I would often be asked by the lawyer to continue working on the file and was even asked to attend a meeting with the client. I also had the opportunity to attend a commercial arbitration, accompany lawyers to court and participate in examinations and conference calls. I worked on files from many different areas: commercial litigation, medical law, disciplinary law, defamation and class actions, as well as labour, administrative and environmental law.

Given the large team of litigators practising in the Montréal office, I was able to learn from many enthusiastic lawyers. Whether a mandate was given by young associates or by experienced partners, the lawyers I worked for all took the time and made the effort to include me as part of the team. I especially like the fact that the McCarthy Tétrault team is so diverse. Rather than seek homogeneity , the firm sets itself apart as a group of lawyers who leverage their differences. The work is carried out in a spirit of collegiality and mutual respect. The firm also believes strongly in sharing knowledge, and helping each other.

Once I have completed my studies, I know that by articling at McCarthy Tétrault, I will learn to practise law in a firm that is respected across the country. For me, this firm is the best school to learn from and I know I will find an experienced team that is willing to help and support me in becoming a top-notch lawyer.

Élisabeth Brousseau, Articling Student 2011, Montréal

With a brand new law degree under my belt, I was thrilled at the prospect of getting a taste for the practice of law by working as a summer student at McCarthy Tétrault. I was already very interested in litigation, and my summer experience confirmed as much. The lawyers from the Litigation Group made themselves available to me and were mindful to include me in their files. They clearly explained the files, allowing me to understand the background of the mandates I worked on.

For me, practising litigation at McCarthy Tétrault is not only appealing because of its talented lawyers but also because of the firm's expertise in medical liability. As a result of my work for the group, I learned a lot about the medical field, a daily challenge I enjoyed. I gained knowledge of the inner workings of hospitals and even attempted to decipher doctors' handwriting! I also had the privilege of accompanying a lawyer to court for an examination on discovery. It was interesting to watch the approach she took with the witness, including the types of questions she asked, and to see first-hand the importance of being well-prepared.

I also got the opportunity to work in construction law. As a result of the many mandates I was involved in, including a jurisprudential update on calls for tender, I broadened my knowledge of this field, and improved my skills and confidence in this practice area. I was also exposed to environmental and municipal law, a testament to the diverse types of litigation practised at McCarthy Tétrault. I especially enjoyed going to court and seeing the judge grant a motion on a file for which I had done research.

I really feel that I learned a lot. The feedback on my work was always constructive and relevant, and it helped me to continuously improve. My experience only fuelled my desire to practise litigation alongside skilled lawyers.

Julie Pamerleau, Articling Student 2011, Québec City