Canadian Lawyer

May 2021

The most widely read magazine for Canadian lawyers

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If the question was about procedural fairness and interviewing techniques, both lawyers could provide similar expertise. It is what being a lawyer is all about. 1 EDITOR'S DESK UPFRONT EDITORIAL Editor-in-Chief Tim Wilbur Senior Editor Elizabeth Raymer Editor Zena Olijnyk Canada News Editor Aidan Macnab Production Editor Patricia Cancilla Writer Bernise Carolino CONTRIBUTORS Monica Goyal, Neill May ART & PRODUCTION Art Director Marla Morelos Customer Success Manager Amie Suttie Production Co-ordinators Kat Guzman, Loiza Razon Global Production Manager Alicia Chin (on leave) SALES & BUSINESS DEVELOPMENT VP, Media and Client Strategy Dane Taylor Sr. Business Development Manager Steffanie Munroe Business Development Manager Lynda Fenton National Account Executive Abhiram Prabhu CORPORATE President Tim Duce Events and Conference Manager Chris Davis Chief Information Officer Colin Chan Human Resources Manager Julia Bookallil Global CEO Mike Shipley Global COO George Walmsley EDITORIAL INQUIRIES NAUK SUBSCRIPTIONS CO-ORDINATOR Donnabel Reyes tel: 647 374 4536 ext. 243 ADVERTISING INQUIRIES A ll lawyers know the feeling. It starts pretty much as soon as they graduate from law school: getting grilled on an area of law about which they know nothing. The question usually starts with, "Since you are a lawyer, can I ask you a question?" The lawyer's answer invariably begins with, "Since I don't practise that area of law . . ." While it is true that practising law usually involves mastering a list of rules and precedents in one or a small number of areas, there is a more fundamental body of knowledge that all lawyers do share. This knowledge is about conducting proceedings fairly, efficiently and with a clear goal in mind. With the pandemic forcing lawyers to shift to virtual proceed- ings, lawyers across the country have put these fundamental skills to the test. For estate lawyers, these skills often come into play when they are called on to assess the capacity to consent. With provincial governments allowing witnessing and other procedures to shift online, estate lawyers have had to be creative in assessing consent. "Normally, when you're dealing with a client in person, you can watch their face for clues, get a sense of how the family functions," says Lori Duffy at WeirFoulds LLP (p. 32). Even if a relative who is a beneficiary brings the client to the office, Duffy says she makes sure to talk to them in private, something she can't ensure if matters are being taken care of through Zoom calls. Likewise, in workplace investigations, the shift to virtual has forced lawyers to think creatively about applying their sense of procedural fairness and inter- viewing skills. Because witnesses need to have a chance to review statements, Krista Siedlak at TurnpenneyMilne LLP says she will use screen sharing at the end of the interview or read back witness statements to validate them (p. 4). Siedlak and Duffy are both practising in very different areas of law and, like all lawyers, would not offer advice in an area that they don't practise. But if the question was about procedural fairness and interviewing techniques, both lawyers could provide similar expertise. It is what being a lawyer is all about. Tim Wilbur, Editor-in-Chief Knowledge all lawyers share ISSUE 45.04 | MAY 2021 Canadian Lawyer is published 10 times a year by Key Media Canada (Law) Ltd. KEY MEDIA and the KEY MEDIA logo are trademarks of Key Media IP Limited, and used under licence by Key Media Canada (Law) Ltd. CANADIAN LAWYER is a trademark of Key Media Canada (Law) Ltd. All rights reserved. Contents may not be reprinted without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Canadian Lawyer disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Publications Mail Agreement #41261516 ISSN 0703-2129 ©2021 GST/HST Registration #799898465RC-0001 RETURN UNDELIVERABLE CANADIAN ADDRESS TO: CIRCULATION DEPARTMENT 20 Duncan St., 3rd Floor, Toronto, ON, M5H 3G8 RETOURNER TOUTE CORRESPONDANCE NE POUVANT ÉTRE LIVREÉ AU CANADA AU SERVICE DES PUBLICATIONS 20 Duncan St., 3rd Floor, Toronto, ON, M5H 3G8 Key Media Canada (Law) Ltd 20 Duncan St., 3rd Floor Toronto, Ontario M5H 3G8 tel: +1 416 644 8740

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