Foreword
By Supreme Court of Canada Justice Thomas A. Cromwell
Experience is said to be the best teacher. But experience, on its own, teaches nothing. It is just the accumulation of the triumphs, disappointments and disasters we all have had along our way. These experiences become our teacher only when we reflect on them critically, ask why we succeeded or failed and use the answers to change our future behaviour. This is a lesson that I learned when I articled 35 years ago. My principal stressed the importance of a lawyers becoming their own teachers. After every court appearance, meeting or discovery, there was a “de-brief” – a period of critical self-reflection – about what worked well and not so well on our side as well as on the opponent’s. The goal was to learn and improve. So experience may be the best teacher, but only if we work hard at learning from it.
This is both the explanation for and the core message of this handbook. John Hollander has practised law as a civil litigator for more than 30 years and this handbook is the product of his critical reflection on that long experience. It has allowed him to put into carefully organized and succinctly stated principles what most experienced lawyers know almost unconsciously. The handbook makes available to all the benefit of that experience and critical reflection. Perhaps even more importantly, however, the handbook preaches what its author has so assiduously practised: it counsels the sort of critical self-evaluation that is necessary for professional development and provides practical approaches about how to do it. As Mr. Hollander writes, “The purpose of this handbook is to help you to recognize and evaluate what you do as you do it, and to develop the skills to do it better.” (p. 5) The “it” of course is the ability to practice effectively and professionally. This handbook, therefore, is much more than a list of guiding principles and a collection of helpful tips. It offers an approach to effective professional self-development, the critical skill of every successful professional.
This handbook’s road map for professional self-development will be invaluable to lawyers, new and not so new, who will benefit if they incorporate its approaches into their day to day practices. The handbook’s focus on professionalism in the best and highest sense of the word is a welcome call to ensure that ours remains an honourable profession.
This is both the explanation for and the core message of this handbook. John Hollander has practised law as a civil litigator for more than 30 years and this handbook is the product of his critical reflection on that long experience. It has allowed him to put into carefully organized and succinctly stated principles what most experienced lawyers know almost unconsciously. The handbook makes available to all the benefit of that experience and critical reflection. Perhaps even more importantly, however, the handbook preaches what its author has so assiduously practised: it counsels the sort of critical self-evaluation that is necessary for professional development and provides practical approaches about how to do it. As Mr. Hollander writes, “The purpose of this handbook is to help you to recognize and evaluate what you do as you do it, and to develop the skills to do it better.” (p. 5) The “it” of course is the ability to practice effectively and professionally. This handbook, therefore, is much more than a list of guiding principles and a collection of helpful tips. It offers an approach to effective professional self-development, the critical skill of every successful professional.
This handbook’s road map for professional self-development will be invaluable to lawyers, new and not so new, who will benefit if they incorporate its approaches into their day to day practices. The handbook’s focus on professionalism in the best and highest sense of the word is a welcome call to ensure that ours remains an honourable profession.
Thomas A. Cromwell, Ottawa, March 31, 2013
How to Read this Handbook
This handbook is organized into several parts, each consisting of a number of related sections. Each section begins with a description of a common problem encountered during the litigation process. Together, these sections discuss that process from preparation through to trial.
In each case, the focus of this handbook is on how the lawyer best demonstrates professionalism. A collateral benefit is that the lawyer will learn to establish rapport with the people in attendance. Necessarily, this includes decision-makers, opposing counsel, clients and witnesses.
A word of caution: there is nothing in the handbook that will suggest that you should change your speech patterns, vocabulary, or the way you act. You should simply use what you learn here to improve your existing skills and techniques – not to re-make yourself into something you are not. The purpose of this handbook is to help you to recognize and evaluate what you do as you do it, and to develop the skills to do it better.
Frequently in this handbook I use the word ‘young’ in reference to lawyers. I mean the word in seniority at the Bar, not chronological age. We learn lessons as we practice. The more we practice, the more we learn. Some lessons apply generally. We can learn these no matter our profession. Some, however, apply to lawyers exclusively, or more so than to other professionals.
In each case, the focus of this handbook is on how the lawyer best demonstrates professionalism. A collateral benefit is that the lawyer will learn to establish rapport with the people in attendance. Necessarily, this includes decision-makers, opposing counsel, clients and witnesses.
A word of caution: there is nothing in the handbook that will suggest that you should change your speech patterns, vocabulary, or the way you act. You should simply use what you learn here to improve your existing skills and techniques – not to re-make yourself into something you are not. The purpose of this handbook is to help you to recognize and evaluate what you do as you do it, and to develop the skills to do it better.
Frequently in this handbook I use the word ‘young’ in reference to lawyers. I mean the word in seniority at the Bar, not chronological age. We learn lessons as we practice. The more we practice, the more we learn. Some lessons apply generally. We can learn these no matter our profession. Some, however, apply to lawyers exclusively, or more so than to other professionals.
Thank You
A word of thanks is due to my law clerk, Mary Neill, who has participated in many ways to make this handbook possible.
In a major way for me, a shout out is warranted to all the members of the Advocacy Club, my innovative workshop environment that promotes advocacy skills and collegiality among young counsel (www.advocacyclub.ca). These gifted and tolerant young litigators have undergone the trial and error that contributed in large part to my development of the concepts in this handbook.
In a major way for me, a shout out is warranted to all the members of the Advocacy Club, my innovative workshop environment that promotes advocacy skills and collegiality among young counsel (www.advocacyclub.ca). These gifted and tolerant young litigators have undergone the trial and error that contributed in large part to my development of the concepts in this handbook.