Andrew Kalamut, McCarthy Tétrault LSUC Civil Litigation Practice Essentials INITIAL CLIENT INTERVIEW AND STARTING AND DEFENDING A CASE Andrew Kalamut, McCarthy Tétrault

Risk Management Conflict check Obtain client’s full legal name and contact information Client’s legal status (individual, corporation, LLP, estate, bankrupt, discharged bankrupt, person under a disability, etc.) Confirm no legal conflict Confirm no business conflict

Risk Management (cont’d) Know Your Client 3. Review law of privilege with client What is privilege? How can it be waived? Risks of waiving privilege

Risk Management (cont’d) Retainer/Engagement Letter Parties for whom you act Confirmation of individuals and entities referenced for conflict check Lawyers and other professionals who will do the work on file Fee arrangement Events and methods of termination Issues of conflict Other

Risk Management (cont’d) Competency Are you right for this assignment? Should you refer it?

Initial Interview Particulars of what occurred W5 Review relevant documents with client Particulars of contract Special relationship between parties Damages sustained or expected to be sustained Consider experts Take good notes and prepare memorandum Consider asking client for narrative

Risk Management Revisited Statute of limitations Other necessary and proper parties Other witnesses Insurer on notice Reconsideration of potential conflicts

Drafting Pleadings Plaintiff or Defendant? Always look ahead to trial If plaintiff, plead necessary elements of actions If defendant, necessary elements of defences Pleadings set the framework for entire proceeding

Rules and Statutes Always keep the Rules of Civil Procedure in mind Necessary to plead statutes that you intend to rely on Always think about limitation periods

Actions vs. Applications Facts in dispute Resolved with live evidence at trial Applications Directed by Rules or statute Tried before a judge on a paper record

Common Pitfalls Not enough detail (failure to particularize and establish facts to support the cause of action or defence) Too much detail (unnecessary admissions) Commencing a proceeding in the incorrect monetary jurisdiction Failing to tell a compelling story