Articles 2019

Drawing on successful examples from other fields and jurisdictions, this article suggest several ways to encourage young lawyers to practice in rural areas. Among other things, this article suggests that law schools should persuade articling students to article in rural areas, governments should provide loan forgiveness programs to lawyers who practice in rural areas and townships or counties could offer incentives for lawyers to move there.

On September 10, 2019, two members of the OBA's Young Lawyers' Division Executive attended the Momentum Summit on gender equality and equity. The event was a capstone on the OBA’s 2018-2019 initiatives to advance gender equality in the legal profession. In case you missed it, this article has 7 takeaways from the summit's sessions.

I always knew that I wanted a family and a rewarding career, both of which are extremely important to me. Somehow, I am lucky and extremely privileged to have it work out so far. I should not be naïve as I know that I’m only a few miles into a life-long marathon in this balancing act, but for those who might be at the start line, here are a few of the (somewhat) expected and unexpected challenges to parenting and lawyering that I have encountered so far.

It’s no surprise that young lawyers tend to be workaholics who don’t take care of themselves. After all, we are still fresh out of the all-nighter mode of law school and the crazy hours of articling. Plus, there’s the ever-present pressure to prove yourself as a recent call. But wouldn’t you rather get that dream job AND be mentally healthy?

The number of Canadians without a Will should astonish lawyers. A recent study found that the majority of Canadians do not have a Will. In my experience, anecdotal evidence suggests that these statistics are consistent among young lawyers, particularly among those who are just beginning their practices. As a young lawyer (potentially with student debt, but also on the verge of significant financial milestones such as home ownership and child rearing) you should seriously consider making a Will.

Non-competition clauses in employment contracts present a conflict between two long-standing common law principles: discouraging restraints on trade and respecting freedom of contract. To make the terms enforceable, employers need to ensure they are drafted carefully, clearly and as narrowly as possible. Employees should similarly take caution before agreeing to a non-compete provision. Read on for more insight on non-solicitation clauses to assist your clients in the future.

Losing is a part of litigation. A big part. The adage goes that a lawyer who wins 100 per cent of their cases is a lawyer doing their other clients a disservice by not pushing the difficult matters to trial. Read on for insights from Jonah Waxman on the value of experience that comes from defeat.

In an interview with Tahir Khorasanee, Mr. Syed Zulfiqar Bukhari, an entrepreneur who is presently Special Assistant to the Prime Minister of Pakistan for Overseas Pakistanis & Human Resource Development and Chairman of the National Tourism Coordination Board (NTCB) and the Pakistan Tourism Board, brings attention to a humanitarian crisis in India that risks depriving more than a million people of statehood.

The transition from being an articling student to an associate is far from easy. This article contains a few time management strategies that helped the author make a successful transition.

The Honourable Justice Clement Gascon recently made headlines with his brief disappearance and public message about his past struggles with mental illness. Heather Douglas writes about Justice Gascon's bravery, among other lawyers' stories, and the importance of open dialogue on lawyers' mental health.