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

2. 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

3. 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

4. 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

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

6. 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

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

8. 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

9. 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

10. 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

11. 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