If I Knew Then What I Know Now: Perceptions from Three Recently Appointed Judges | CPDonline.ca

If I Knew Then What I Know Now: Perceptions from Three Recently Appointed Judges

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CPD Accredited Credits
Professionalism: 1.25
80 minutes
Substantive: 0.25
10 minutes
Published
2019
Presenter(s)
Peter Bawden
Karen Erlick
Robin McKechney
Benjamin Zarnett
Source
Toronto Lawyers Association (TLA)
Provider
CPDOnline.ca
Language
English
Length
90 minutes
Price
$119.00 plus tax
Includes Handouts

As litigators, you spend your entire career seeing the courtroom from the counsel podium, watching the often-inscrutable face of a judge looking back. You have probably wondered: What is the judge thinking? Am I winning? How can I do better? Unfortunately, there is no rule of procedure that allows us to call a timeout and ask, “how am I doing so far?” 

This unique program will address these common concerns through a distinguished panel that consists of three recently-appointed Ontario judges, one from each of the Court of Appeal, the Superior Court of Justice and the Ontario Court of Justice (criminal). Our speakers will share what they have observed from the bench that they wish they knew when they were counsel. They will reflect on what they would have told their former lawyer selves if they could turn back time.  Drawing on their recent and long-term experience as lawyers, our speakers will tell you what they frequently see (and do not see, but should). What advocacy skills work? What traits annoy them? How can you as an advocate be more effective?

If there are questions that you want answered, send them to the TLA before the program and get the perspective from a panel that can look at the courtroom from both sides now.

Ethical Advocacy, Mentoring Best Practices and Career Management

What have been the biggest challenges of becoming a judge and what should counsel know about those challenges so that they can be more effective? What do you most wish you knew when you were a lawyer that you know now? What one quality would you have changed about your own advocacy if you knew then what you know now? What body language do you notice from the bench that can lead to a negative (or positive) impression of counsel? What is the most annoying thing you have observed from the bench? What are the most helpful things that a lawyer can do to assist you in your job? What are the most unhelpful things?

Ethical Advocacy, Mentoring Best Practices and Career Management

What have you learned most about written advocacy that you wish you knew when you were a lawyer? Do you have a different view now of what constitutes an effective factum and if so, what has changed? If not, what does make an effective factum? What have you learned most about oral appellate advocacy since you were appointed to the bench? Can oral advocacy actually change your view of the result once you have read the factum and if so, what makes the difference?

Ethical Advocacy, Mentoring Best Practices and Career; Judicial Pre-Trials and Case Conferences 

What have you learned about how to be effective in judicial pretrials or case conferences that you may not have known when you were a lawyer? What are the common mistakes you have seen made in a judicial pretrials or case conferences? What have you seen that has been effective in a judicial pretrial or case conference?

Ethical Advocacy, Mentoring Best Practices and Career Management ; Trials 

What is the easiest change a lawyer could make to make their examination in chief to make it more effective? What is the easiest change lawyer could make to their cross-examination to make it more effective? What is the easiest change a lawyer could make to make their oral submissions more persuasive? In a trial, is it always helpful to have written submissions? Are there times when it is not helpful?

Presenters

The Honourable Peter Bawden

Mr. Justice Peter G. Bawden was appointed to the Superior Court of Justice in October, 2017. He has served on both the Civil and Criminal Teams at 361 University Avenue in Toronto.

Justice Bawden received his LL.B. from Queen's University in 1989. He was admitted to the Law Society of Upper Canada in 1991 and practised as criminal defence counsel in the Greater Toronto Area for over 25 years.

Justice Bawden's practice was devoted to criminal defence. He frequently acted as counsel in murder cases and has been a guest speaker on homicide-related topics at Crown educational conferences, the Law Society of Upper Canada, the Criminal Lawyers' Association, and the Ontario Police College. Justice Bawden has also been an active participant in continuing legal education. He has been both an instructor and a judge at the Osgoode Hall Intensive Trial Advocacy Workshop, as well as a guest editor of the Community Legal Education Manual. He was a Director of the Toronto Lawyers Association and sat on the Area Committee of Legal Aid Ontario prior to his appointment to the Superior Court.

The Honourable Karen Erlick

Justice Erlick received her Bachelor of Commerce from Queen’s University and then her Bachelor of Laws degree from Osgoode Hall Law School. She was called to the Ontario Bar in February of 2002. Justice Erlick began her career as a criminal defence lawyer with the firm of Greenspan, Humphrey, Lavine. In May of 2004, she joined the Downtown Toronto Crown Attorney’s office. In November of 2017, Justice Erlick was sworn in as a judge of the Ontario Court of Justice. She presides in Toronto.

Robin McKechney

Robin McKechney is a partner at Steinecke Maciura LeBlanc. Robin attended law school at Dalhousie University where he was awarded the Nova Scotia Law Foundation Scholarship. Robin graduated in 2000 and was called to the bar in Ontario in 2002.

Robin acts for provincial and federal regulators as prosecuting counsel and independent legal counsel for various administrative tribunals. Prior to joining Steinecke Maciura LeBlanc, Robin was a lawyer with Greenspan Humphrey Lavine, one of Canada’s pre-eminent criminal law firms where he specialized in white collar crime and related regulatory and administrative litigation. Included among the white collar cases on which Robin was counsel were the tainted blood trial (R. v. Armour Pharmaceuticals), the Royal Group trial (R. v. De Zen), and the Nortel trial (R. v. Dunn).

Robin is also an adjunct professor at Osgoode Hall Law School, where he teaches Evidence in both the J.D. and Common Law LL.M. programs. Robin has spoken on numerous Continuing Legal Education panels and conferences on topics including financial crimes, internal investigations, criminal procedure and trial preparation. Robin also frequently speaks at conferences across Canada and the United States on the topic of professional regulation.

The Honourable Benjamin Zarnett

Justice Benjamin Zarnett was born and raised in Toronto. He studied political science and philosophy at the University of Toronto before attending Osgoode Hall Law School, where he graduated as the Bronze Medalist in 1975. He was admitted to the Ontario Bar in 1977 and practiced trial and appellate advocacy until his appointment to the Court of Appeal for Ontario in November 2018.

During his career as a lawyer he handled cases ranging across a wide spectrum of issues including corporate, commercial and securities law, shareholder rights, pension rights, professional liability, class actions, insolvency law, taxation, real estate, intellectual property and broadcasting policy. His clients included individuals, law firms, court-appointed officers, companies, financial institutions, Crown corporations and public interest advocacy organizations. He was counsel in fifteen appeals in the Supreme Court of Canada and numerous cases before Ontario's appellate and trial courts, as well as appeals in the Federal Court of Appeal and the appellate courts of Quebec and Newfoundland and Labrador. At the time of his appointment he was a member of the litigation group at Goodmans LLP in Toronto, where he had been a partner since 1990.

He is a former President of the Advocates' Society and a Fellow of the American College of Trial Lawyers. For his contributions to the justice system, he was awarded the Law Society of Ontario Medal (its highest award) in 2006, the Toronto Lawyers Association Award of Distinction in 2007, and the Ontario Bar Association Award for Excellence in Civil Litigation in 2009.

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