As this fall marks another season of incoming new lawyers and articling students, this tip is for you. When you receive your first assignment from your articling principal or senior lawyer, you may be left wondering where you should start. Sometimes the answer is with the assigning lawyer’s assistant or law clerk. The assistant can provide you with similar precedents the assigning lawyer has already perfected. These precedents can provide you with valuable insights into the legal writing and work product you are expected to achieve.
Yes, you can tackle the work on your own without any guidance – but wouldn’t it be easier to follow the well-worn path? Many assignments do not require you to reinvent the wheel. A statement of claim is likely to set out the theory of liability and damages, which may closely mirror past cases. Pay attention to the wording used in precedents, as the phrases used may be taken directly from cases. The same goes for research memos, letters to clients, factums, etc. While Google and CanLII can be very helpful, don’t neglect the human resource available to you a few steps away.