Day 1: Thursday, February 22, 2018
Welcome and Introduction
File Opening
A. Dealing with Your Client
- matter selection and rejection — the most important step of any file
- cementing the relationship and creating achievable expectations
- fee arrangements that work for you and the client
Art Vertlieb, QC — Vertlieb & Co., Vancouver
B. Creating and Managing a Litigation File
- preliminary review and opinion
- accepting instructions and educating the client
- preparing an effective and useful chronology
- smoking out your opponent's case
- crafting a winning theory of the case and brief of law
- assembling an efficient and winning team—everyone has a place in the sun
- managing good and bad news
Art Vertlieb, QC — Vertlieb & Co., Vancouver
Drafting Pleadings and Affidavits
A. Pleadings
- overview of pleadings
- do's and don'ts of pleadings
- matters which must be specifically plead
Wendy A. Baker, QC — Miller Thomson LLP, Vancouver
B. Affidavits
- when to use an affidavit
- basic substantive and procedural requirements
- the do's and don'ts of affidavit drafting
John Douglas Shields — Shields Harney, Vancouver
Break
Chambers Applications
- materials
- presentations
- authorities
- short form and special leave applications
- the do's and don'ts of chambers practice
Master Shelagh Scarth — Supreme Court of BC, Vancouver
Discovery
A. Discovery and e-Discovery
- discovery of documents
- document production and the scope of production under Rule 7-1
- importance of the pleadings in document production
- practical steps and procedures for preparing lists and organizing documents
Graham J. Underwood — Legal Services Branch, Ministry of Attorney General, Victoria
B. Examination for Discovery
- preparing your client for discovery
- preparing to examine the opposing side
- effective techniques on examination for discovery
- objections on discovery
- concluding and adjourning the discovery
Lyle G. Harris, QC — Harris & Brun Law Corporation, Vancouver
Lunch (on your own)
Mediation
- mediation strategy and advocacy
- drafting mediation briefs
- preparing your client for mediation
Mark L. Tweedy — Mark Tweedy Mediation+Arbitration, Vancouver
Privilege
- how to recognize and protect documents protected by solicitor-client privilege and solicitor-brief privilege
- how to make or defend an application for disclosure of documents for which privilege have been claimed
Mark G. Underhill — Arvay Finlay LLP, Vancouver
Break
Professionalism and Practice Management
A. Dealing with Self-Represented Litigants
- issues unique to self-represented litigants
- practical practice tips
Andrew P. Morrison — Shields Harney, Vancouver
B. Under the Covers
- claims and activities that the LSBC insurance program compulsory policy covers
- risks the compulsory policy doesn't cover, such as trust shortages caused by fraudsters and thieves
- commercial liability insurance products that help protect you from those risks
Coran Cooper-Stephenson — Claims Counsel, Lawyers Insurance Fund, Vancouver
Maryanne Prohl — Claims Counsel, Lawyers Insurance Fund, Vancouver
C. Code of Professional Conduct
- duties to your client
- duty of confidence
- duty of loyalty
- duties to state and court
- not to mislead (evidence and authorities)
- preparation of affidavits
- expert's reports
- duties to other lawyers
- default proceedings
- adjournment requests
- communicating with the court
- undertakings
Lisa Martz — Gudmundseth Mickelson LLP, Vancouver
Day 2: Friday, February 23, 2018
Preparing For and Conducting Trial
A. Organizing Your Evidence (Including Documents)
- knowing your case, investigate, fact finding, chronology, and theory of the case
- relevance
- admissibility
- persuasiveness
- order of witnesses
- discovery evidence
- books of documents
- document agreements
Shannon Ramsay — Hunter Litigation Chambers, Vancouver
Preparing for Direct and Cross Examination
Direct Examination
- preparation: what evidence can this witness give that will help my case
- documentary review
- interview
- minutes of evidence
- preparing the witness to give evidence, the process, documents, and exhibits
- conducting direct examination; keep it simple
- checklists
Cross Examination
- is a cross-examination necessary?
- what can you get from the witness that will help your case?
- what evidence has the witness given that you want or need to challenge?
- exposing liars vs. blunting the sword
- courtesy
- the rule in Brown. v. Dunn
Luciana P. Brasil — Branch MacMaster LLP, Vancouver
Break
Opening and Argument
- the purposes of opening and closing statements
- the elements of an effective opening statement
- the elements of an effective closing submission
- what not to do and pitfalls to avoid
Kevin D. Loo — Nathanson, Schachter & Thompson LLP, Vancouver
Obtaining and Using Admissions (Including Discovery Evidence)
- the notice to admit
- reading in discovery evidence
- documentary proof — The Evidence Act
- using discovery evidence in cross examination
Christopher E. Hirst — Alexander Holburn Beaudin + Lang LLP, Vancouver
Finding and Instructing Expert Witnesses
- how to find an expert witness
- ethical issues concerning preparation of reports and production of an expert's file
- maximing the utility of your experts
- cross examination of experts
Howard A. Mickelson, QC — Gudmundseth Mickelson LLP, Vancouver
Lunch (provided)
Litigation Practice: The View From the Bench
The Honourable Mr. Justice G. Bruce Butler — Supreme Court of BC, Vancouver
Trial and Case Management: Rules and Strategies
- what is trial and case management
- the role of the judge
- the role of counsel
- making trial and case management work for you
Hunter Parsons — Borden Ladner Gervais LLP, Vancouver
Summary Trials
- what type of case is appropriate for a summary trial
- organizing the evidence
- tactical considerations
Leslie J. Mackoff — Mackoff Mohamed, Vancouver
Wrapping It Up
- preparing orders, judgements, and costs
- releases and covenants not to sue
- releasing only some of a group of defendants
- settlement documentation and procedure
- the Health Care Costs Recovery Act
- revisiting matters with the trial judge
- The Public and Guardian and Trustee and infant settlements
- enforcement of judgments
- conducting an examination in aid of execution
David W. Pilley — Harper Grey LLP, Vancouver
Advocacy Practice Panel
The Honourable Mr. Justice G. Bruce Butler — Supreme Court of BC, Vancouver
Howard A. Mickelson, QC — Gudmundseth Mickelson LLP, Vancouver
K. Michael Stephens — Hunter Litigation Chambers, Vancouver
Concluding Remarks