Working at McCarthy Tétrault

Real Property Work Assignment

While articling with the Real Property group at McCarthy Tétrault, I was assigned several stimulating files. I was given significant levels of autonomy and responsibility in all of my assignments. Moreover, all the lawyers in the Real Property group are approachable and make me feel like a valued member of the team. The lawyers always encourage me to learn by taking the time to thoroughly explain the context of each assignment.

For example, in the context of a public-private partnership for the construction of a healthcare facility, I was given the opportunity to assist all meetings with the client as well as to review and comment on the partnership agreement, with much of my work going directly to the client.

Another good example of the kind of work I was engaged in involved the assignment of a hypothecary claim. I participated in all aspects of the transaction from the beginning through to the closing. In fact, I assisted with the management of the closing agenda and all related documentation. As a result, I gained valuable experience working on a wide range of documents, such as agreements related to financing, leasing, insurance and title matters.

In short, the work environment at McCarthy Tétrault is characterized by collegiality and cooperation, and the quality of work is outstanding.

Mary Pagonis, Associate in Montréal (Articling Student 2009, Montréal)

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Labour & Employment Assignment

I used a portion of my time this summer to explore the work available in the Labour & Employment Group. I had not taken a course in either employment or labour law at school, but the partner worked for was very encouraging. One of the assignments I completed for him involved a tax issue, which catered nicely to my tax interest and highlighted the reality that legal issues often cut across courses and practice groups.

To my surprise, the advice he provided to the client ended up being substantially based on my research. McCarthy Tétrault provides its students with top-tier research tools and assistance, which means that you have all the support at your disposal to ensure you can produce high quality legal work. Consequently, lawyers entrust students with important legal work and have confidence in the finished product.

Faizel Gulamhussein, Summer Student 2010, Vancouver

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I was fortunate to have the opportunity to article at both the Toronto and Montréal offices of McCarthy Tétrault. I was recruited as a summer student into the Toronto office. After graduating from law school with both civil law and common law degrees, I completed the École du Barreau du Québec and the Barrister and Solicitor Exams of the Law Society of Upper Canada. I then completed five months of articles at the Toronto office followed by five months of articles at the Montréal office in order to be called to the Bar in both Ontario and Québec.

Each articling experience was uniquely valuable. There was a great sense of camaraderie in my articling class of 28 students in Toronto, and it was wonderful to have such an immediate, large social network at work. My cohort of four articling students in Montréal was tight-knit, and experiencing articling in a small group led to its own special type of camaraderie. Having worked at two offices of McCarthy Tétrault has given me a broad network of professional contacts, and I expect that this will be useful to the firm and to me as my career progresses.

While each office has a unique culture, both produce excellent work and are staffed by lawyers I respect and am very proud to work with. I ultimately realized that the firm's Montréal office provides unparalleled opportunities for students with backgrounds in both civil and common law. While a lawyer working in Ontario will almost never look to Québec law in conducting legal research or crafting arguments, Québec lawyers must continually look beyond their jurisdiction in the course of their practice. The Montréal office is a vibrant multi-lingual work environment, and I have come to find the special challenge that is bilingual practice to be deeply rewarding.

I recommend that students who are interested in being called to both the Ontario and Québec bars take advantage of an opportunity to article in both jurisdictions as opposed to securing their second call to the bar through an inter-jurisdictional transfer. The experience of working in both jurisdictions was challenging and enriching, and provided me with a means of making an informed decision regarding the right place for me to begin my career.

Claire Ezzedin, Associate Montréal ( Articling Student 2008-2009, Toronto and Montréal)

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Tax Assignment

Early in my first summer as a student, I had the opportunity to work closely with a tax lawyer who allowed to me to see how she worked and what skills she employed in her practice. Naturally, I was also exposed to her passion for tax.

Subsequently, I took some courses in accounting and taxation, and after completing a Bachelor of Laws, I decided to pursue a career in tax. I have also obtained a Master of Laws, Taxation option.

As an articling student in the Tax Group, I was given a range of questions touching on a variety of areas of tax law. The Tax Group is intimate and talented, which I am constantly impressed by as we often brainstorm in teams with respect to changes in legislative interpretation and their practical implications. In addition, the skills I use vary from conceptual and critical analysis, which I practised as an undergraduate philosophy student, legal and jurisprudential interpretation, skills I honed in law school and finally the practical application of tax laws and formulas that provide a profound understanding of many decisions made in the corporate world. I now find myself exposing others to my passion for tax.

Lindsay Hollinger, Associate Montréal (Articling Student 2009)

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Litigation Assignment

The highlight of my experience in the Litigation Group happened early in my summer rotation. Within one week of arriving as a new student 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 lawyers to delegate substantive work to students and recognize their abilities is definitely unique!

Katherine Booth, Summer Student 2010, Toronto

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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 firsthand. 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, Toronto

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The experience of working at 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, student, summer 2010, Montréal

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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, Summer Student 2010, Québec City

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Business Law Assignment

While in my Business Law rotation, I was asked to conduct some regulatory and case research for a large client. Our client was seeking to expand a particular line of business, but wanted to know the legal considerations that had to be addressed. In addition to performing the standard journal and case reporter research, I was also encouraged to ‘play detective' and contact government agencies or retailers to get answers to my questions. The research matter was interesting, but more importantly, I was able to observe the client-service aspect of a McCarthy lawyer's practice. It was about more than just legal problems. For our client, we needed to be knowledgeable and also creative in order to address some of their problems and offer solutions that would make sense for their business.

Erica Young, Summer Student 2010, Toronto

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Right from the outset and continuing throughout my summer, I was involved in interesting and complex files, and was provided the opportunity to take on work that pushed me beyond my current abilities and challenged me to learn and progress as a developing lawyer. Furthermore, it was rewarding to see my work product put to use in a file in a meaningful way. McCarthy Tétrault pushes students beyond their abilities, while at the same time ensuring there are individuals and ample resources available to prevent students from finding themselves in over their heads. The hard-working, high-expectation environment is also balanced well by opportunities to relax and socialize both in the office and at outside events.

Within the first few weeks of my summer at McCarthy Tétrault, I became involved in a number of files from a variety of practice groups. One of the files I was involved in was an asset purchase deal with the Energy Group. Our client, a major oil and gas company, had entered into an agreement to purchase all the assets in Central Alberta of another major oil and gas company. I was pulled onto a team tasked with performing due diligence on the subject assets and the vendor company.

My days quickly filled up with assignments that included reviewing personal property security registrations, reviewing agreements pertaining to the vendor company and the subject assets, reviewing prior and ongoing litigation involving the vendor company, and so on. There was a significant amount of to review, and given the size and reach of the vendor company and the relatively short timeline we had, I was required to adapt to a steep learning curve. The collaborative efforts of the team as a whole, a fundamental aspect of McCarthy's approach to all files, is what allowed us to complete the due diligence on time. Seeing my work included in the report that was provided to the client confirmed that I was truly contributing to the file. Ultimately, the opportunity to observe the detailed workings of a major asset-purchase deal and to learn from hands-on experience is what made this assignment so memorable.

Scott Bergen, Summer Student 2010, Calgary

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During the first two months of my business rotation, I was involved in a variety of financings for public companies. These financings included acting for both issuers and syndicates of underwriters. I had a wide range of responsibilities including drafting documents to comply with securities laws and regulations, organizing and executing closings, and interacting with clients and opposing counsels. Along the way, there were many partners and associates willing to take the time to help me understand the transactions and the related legal requirements.

The most challenging and rewarding experience was being involved in a reorganization and investment agreement that involved a non-brokered private placement of approximately $10 million and the appointment of a new management team and board of directors. Throughout the course of the deal and for many days thereafter, I was in constant communication with the TSX, investors, and most notably, the client. It was a great experience as not only was I highly involved in stimulating legal work, but I also was able to gain insight into the corporation and its business model. The transaction allowed me to further develop fundamental legal skills that I have carried forward to other transactions.

I was both surprised and appreciative of the fact that I was given a considerable amount of responsibility within such a short period of time. I learned a great deal from the experience, and I look forward to learning much more.

Hassanain Keshavji, Articling Student 2010, Calgary

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When I decided to accept an offer from McCarthy Tétrault's Montréal office, like most students, I couldn't wait to see whether my first impressions of the firm were accurate. After a summer with the firm, I couldn't be happier with my choice.

The diversity of practice areas that I believed was one of the firm's strengths turned out to be the most important aspect of my summer experience. I never dreamed I would have the chance to work on so many different mandates in such a short time. Whether I was preparing conferences on labour law, working on medical or commercial litigation files, or organizing commercial transactions, I always got the sense that my help was greatly appreciated and valued.

I spent much of my summer working with the Environmental Law Group, where I had the opportunity to participate in a potentially litigious file as well as in a major restructuring in the pulp and paper industry. I quickly realized that environmental issues play a big role in many commercial transactions I had the privilege of working with a group of highly experienced environmental lawyers, who, despite their hectic schedules, took the time to explain case-related facts and strategically important issues to me. It was great to have frequent contact with the client and to feel that my opinions and suggestions on technical and strategic matters were taken into account in the group's decisions. After so many years at school, it was a real pleasure to work on concrete and practical matters.

The long hours would never have been as easy were it not for the great people at the Montréal and Québec City offices. Each student has diverse backgrounds and interests that make the experience at the firm even more enriching for a future articling student like me.

Jérôme Turcotte-Routhier, Summer Student 2010, Montréal

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During my first summer at the firm, I was able to jump with both feet into a stimulating, challenging environment that allowed me to explore my interests. At the Montréal office, students get a chance to work in various areas of interest and dabble in fields with which they are less familiar since they are not assigned to a specific practice group. Since I have yet to decide on the type of law I want to practise, I was able to work in various fields and with different groups: corporate, including securities, technology, intellectual property, medical liability, litigation and real estate law.

The firm's open-door policy is not a myth! The lawyers really do want to talk to us about their work and give us mandates that we will enjoy. After attending a seminar about closings, I remember discussing the subject with my mentor. Two weeks later, she called me to help prepare a closing for a biotech investment. I was invited to the closing, where I learned a lot by watching the transaction unfold and seeing an experienced lawyer at work.

The training is optimal because the lawyers not only mentor and supervise us, they also give us the opportunity to be autonomous and take the initiative. The firm cares about mentoring and furthering the professional development of the students they hire. They show this in a variety of ways: a formal training program, working meetings held by the practice groups, meetings with mentors and informal conversations in the office or hallways.

During my second year as a summer intern, I was assigned to the legal department of one of the firm's clients, a large Canadian company. During my time with their commercial and litigation groups, I learned new things, including legal drafting specific to the industry. I gained a keener understanding of the client's line of business and can now better appreciate the company's organizational reality and needs. This educational experience “on the other side of the fence” will help me do my work more effectively.

Lastly, I'd like to add that besides the usual advantages that come with a large firm, McCarthy Tétrault's strength is its people. Students quickly get a sense of belonging to the firm as they are treated respectfully and the firm's team spirit is genuine.

Kim Nguyen, Summer student, 2010

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There is no typical day at this firm. I was part of deals of massive scale and I worked one-on-one with an associate for a small local client. Out of all my experiences, the most memorable came from one of those small files. For one client in particular, I was able to draft multiple resolutions and agreements that were sent to the client largely as I had written them. One of the agreements was to be the company's standard waiver of liability form, which will likely be used hundreds of times. It was a moment of great satisfaction for me the first time my work was sent to the client, because I knew that what I had done this summer would endure.

Robert Pinsent, Summer Student 2010, Vancouver

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Bankruptcy & Restructuring Assignment

Bankruptcy & restructuring mandates often arise in emergency situations.

For example, one morning, there was urgency in the voice of the lawyer who came into my office with a mandate. He explained that financing for a major restructuring had just been granted, much to the relief of our client, a company facing bankruptcy. However, we only had two days to file a restructuring plan. We needed to draft the plan and a motion, present it to the court, and, most importantly be ready. My job was to draft the motion, while the lawyer would prepare the plan.

In the months that followed, I worked steadily on this restructuring, which was worth tens of millions of dollars and involved a major player in the Québec industry that routinely made regional headlines. Besides legal drafting and research on new points of law, I was assigned a variety of tasks, including communicating with the client, negotiating with the attorneys of the company financing the restructuring, and preparing the meeting with the creditors. I even accompanied the lawyer to court appearances.

This experience illustrates the types of mandates that students and articling students can expect from the firm's Bankruptcy & Restructuring Group. Because it is fast-paced, intense and highly diverse, this practice requires students to be autonomous and encourages them to analyze legal problems from practical and business perspectives. Aside from the deadlines involved in civil law, bankruptcy & restructuring cases often proceed at breakneck speed, dictated by the realities of the business world. This means that the legal problems raised by the cases assigned to students often go beyond the strict boundaries of bankruptcy & restructuring law to encompass corporate and banking law. All to say that bankruptcy & restructuring mandates are intense and incredible learning opportunities. And behind every administrative structure, there's always the unpredictability of human nature to contend with, which makes this adventure all the more exciting.

Such was the case with the restructuring mandate I was assigned. At the closing that would launch the restructuring, I was faced with one last challenge: in a case of last-minute jitters, our client's director suddenly had doubts about signing. After 15 minutes of cold sweats, explanations and rationalization, the director came back and the closing went ahead.

We breathed a sigh of relief … until the next emergency.

Alex Dobrota, Summer student 2010, Montréal

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From the very beginning of my relationship with McCarthy Tétrault, I have had many opportunities to work with the Bankruptcy & Restructuring Group. The lawyers who are part of this group do not only address bankruptcy and insolvency issues, they also deal with related matters. Case in point, during the summer I was assigned a mandate related to an action to enforce suretyship.

The lawyer in charge of this file gave me a significant level of autonomy by giving me this mandate. He handed me the physical file and then asked me to shed light on a number of legal issues and produce several documents such as arguments, timelines and summaries. In order to complete the mandate, I had to analyze and identify the relevant issues of the file on my own, which was challenging. Throughout the process, I would provide progress reports to the lawyer in order to discuss the results of my analysis, identify any outstanding issue and strategically plan the file going forward. I also attended discussions between the lawyer and our client.

Upon completion of this mandate, I had the pleasure of accompanying the lawyer to court on the day of the hearing. I was able to talk with the client, not only about the case at hand but also about his company in general as well as its market position. It was a very enriching experience. During the hearing, I had the privilege of sitting next to the attorney, at the plaintiff's table, to assist him during the presentation of the case and to provide the relevant documents as the case progressed. The highlight of this adventure: a decision was rendered in our client's favour, allowing our motion. Although I did not plead the case myself, in the end I truly felt I had played a significant role in obtaining this ruling, which was very rewarding.

Overall, I must say that those having difficulty in choosing between litigation and business law, might want to consider bankruptcy & restructuring. This area of expertise gives you the opportunity to mix the best of both worlds, by representing business clients both inside and outside the courts.

David Létourneau, Summer Student, 2009, Montréal

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Technology Communications and Intellectual Property ("TCIP") Assignment

During my first two months as a summer student, I was fortunate enough to have the opportunity to work on a wide breadth of research assignments relating to patents, copyright and trade-marks.

Early on in my rotation I found myself reviewing the registered patents of a prospective client in preparation for a client pitch. I then worked on an interesting research assignment relating to the scope of trade-mark protection afforded to colour claims. When a much-anticipated decision of the Copyright Board of Canada was released, I was asked to summarize and draft a memo on the Board's comments regarding the doctrine of fair dealing. Although I had never taken an intellectual property course, through these assignments I was given a good introduction to its practice. The lawyers I worked with were all extremely knowledgeable and experts in their field, and I could not have asked for better mentors. Everyone I had the opportunity to work with was extremely patient and understanding and took the time to walk me through even the most basic of intellectual property practice concepts.

One of my most enjoyable experiences as a summer student was the unexpected opportunity that arose for a part-time client secondment at the Neighbouring Rights Collective of Canada (NRCC). The NRCC represents the performers and makers of published sound recordings and administers their rights to equitable remuneration for the broadcast and public performance of their works. Through this client secondment, I had the opportunity to work closely with a small in-house legal team and experience a little bit of life as an in-house lawyer. Working at the NRCC has given me a better appreciation and understanding of our client's daily operations and some insight into the differences between in-firm and in-house practice.

Overall, my summer experience was extremely rewarding and interesting. Every assignment has found me working in a previously unfamiliar area of law, taking me out of my comfort zone and providing me with the opportunity to learn and grow in a challenging and fast-paced work environment. Throughout the summer I was extremely fortunate to work with lawyers who have encouraged me, provided me with lots of opportunity for professional growth, and, have always made me feel like a valuable member of the team.

Emily Ng, Articling Student 2010 (Summer Student 2009) Toronto

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Pro Bono Assignments

It was truly an eye-opening experience to spend two months spent in the firm's Litigation Group. In my first two weeks I saw the inside of the Federal Court, the Superior Court of Justice, the Court of Appeal, and the College of Physicians and Surgeons of Ontario. Experience, expertise and creativity were hallmarks of the advocacy I witnessed. The lawyers did not hesitate to involve me in files through preparation, strategy and even client contact

One of the most interesting parts of my Litigation rotation came as a result of the G20 meetings held in downtown Toronto in June 2010. The crowds of protesters resulted in what has been called the largest mass arrest in Canadian history. As part of our pro bono program, McCarthy's formed part of the MDC Legal Defence Team, assisting unrepresented people at their bail hearings. I went with a lawyer to the Ontario Court of Justice armed with nothing more than a list of names. The courthouse was overwhelmed by the sheer volume of people, and we ended up helping Duty Counsel perform intakes as bus after bus of protesters arrived from the detention centre. The hours of court were extended to 9:00 p.m. to accommodate the number of hearings. We watched as 9 p.m. came and went, staying until just after midnight when we were finally able to locate, and have released, two minors whose mother had been anxiously waiting since 9:00 a.m. The tears in her eyes easily made the long hours worthwhile.

The scope of litigation at McCarthy's translates into broad exposure for summer students; exposure that simply cannot be found in the classroom. Whether it was CMPA work, class actions, complex commercial litigation, or pro bono criminal work, there were two things that always remained the same: the level of excellence demanded by McCarthy's lawyers and the dedication they showed in developing young talent.

Tim Chapman-Smith, Summer Student 2010, Toronto

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During my articling year I was involved with the Salvation Army Pro Bono Program: I met with clients for summary advice and took responsibility for managing criminal, civil and family files and I appeared in provincial criminal court a number of times for clients on issues ranging from the variation of a probation order to entering a client into a peace bond. The Pro Bono program offers a colourful group of clients, which makes for a rewarding and interesting variation from our civil litigation practice while also giving great court and client management experience.

In September, prior to starting back with the firm as an associate, I will leave for a six-month internship at the Kenya National Commission for Human Rights (KNCHR) through the Canadian Bar Association's Young Lawyers' International Program 2010-2111. The KNCHR is an independent government body with the power to investigate and adjudicate domestic human rights complaints. It was responsible for investigating the violence following the 2008 presidential elections.

Paige Morrow, Articling Student 2009-2010, Vancouver

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We represented, pro bono, the coalition consisting of Lawyers without Borders Canada, the Barreau du Québec and the Groupe d'étude en droits et libertés de la Faculté de droit de l'Université Laval before the Supreme Court in Canada v. Khadr .

During our articles, we were given the opportunity to play a very active role in the preparation of this intervention. We conducted research on various international law issues and contributed directly to the drafting of the brief. Furthermore, we had the opportunity to attend the hearing before the Supreme Court of Canada. This was an extremely rewarding experience for us and gave us the chance to significantly contribute to a major case and work with talented lawyers.

Anja Djogo and Laure Goubau, Associates (Articling Students 2009 Montréal)

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