Revival David Shellnutt opens up about his near-death experience p.13
Insider information How to land new clients like an all-star rainmaker p.27
Don’t stand so close to me Party pictures from the pre-COVID era p.33
The new rules of law and style
2020 EDITION
Summer 2020 $9.95 precedentmagazine.com
THE PRECEDENT SETTER AWARDS L I N D S AY SCOTT Paliare Roland Rosenberg Rothstein LLP
INSIDE
MEET THIS YEAR’S WINNERS
EXCLUSIVE ONLINE NETWORKING FOR LAWYERS
The following lawyers were recently featured on the Precedent A-List a-list.lawandstyle.ca The Precedent A-List is your online source for awards, promotions, new hires and other legal news
Smart & Biggar LLP welcomes senior associate Andrea Berenbaum
Minden Gross LLP welcomes partner Benjamin Bloom
Goldman Sloan Nash & Haber LLP welcomes counsel Clifford Blundell
Lenczner Slaght welcomes associate Charles Boocock
Hicks Morley Hamilton Stewart Storie LLP welcomes associate Lesley Campbell
Mathews, Dinsdale & Clark LLP welcomes associate Colin Dougherty
Smart & Biggar LLP welcomes senior associate Noelle Engle-Hardy
Smart & Biggar LLP welcomes counsel Ryan T. Evans
Blaney McMurtry LLP welcomes associate Stephen Gray
Lenczner Slaght welcomes counsel Aaron Grossman
Get more news online at a-list.lawandstyle.ca
Goldman Sloan Nash & Haber LLP welcomes associate Kelsey Horning
Mathews, Dinsdale & Clark LLP welcomes associate Tristan Hunter
Smart & Biggar LLP congratulates new counsel Lynn Ing
Ruby Shiller Enenajor DiGiuseppe, Barristers welcomes counsel Lisa Jørgensen
Minden Gross LLP welcomes partner Eli Kutner
Mathews, Dinsdale & Clark LLP welcomes associate Natasha Lakhani
Lenczner Slaght welcomes associate Jim Lepore
Hicks Morley Hamilton Stewart Storie LLP welcomes associate Rebecca Liu
Tyr LLP welcomes partner Pinta Maguire
Tyr LLP welcomes associate Judith Manger
Polley Faith LLP welcomes associate Andrew Max
Mathews, Dinsdale & Clark LLP welcomes associate Jessica Moldaver
Smart & Biggar LLP welcomes partner Evan Nuttall
Blaney McMurtry LLP welcomes associate Michael Orlan
Affleck Greene McMurtry LLP welcomes back partner Kyle Peterson
Continued a
EXCLUSIVE ONLINE NETWORKING FOR LAWYERS
Hicks Morley Hamilton Stewart Storie LLP welcomes associate Jennifer Querney
Minden Gross LLP welcomes partner Benjamin Radcliffe
Mathews, Dinsdale & Clark LLP welcomes associate Hayley Rushford
Mathews, Dinsdale & Clark LLP welcomes associate Tara Russell
Lenczner Slaght welcomes associate Anthony Sangiuliano
Minden Gross LLP welcomes partner Marc Senderowitz
Fogler, Rubinoff LLP welcomes partner Kevin Shipley
Minden Gross LLP welcomes associate Samita Smith
Minden Gross LLP welcomes partner Enzo Sallese
To share your news, contact us at a-list@lawandstyle.ca 416-929-4495
Get more news online at a-list.lawandstyle.ca
On the cover Photograph by Steph Martyniuk
Summer 2020. Volume 14. Issue 2.
“ Every single person who came before the court was Indigenous.”
PHOTO BY STEPH MARTYNIUK
Amanda Carling on the courtroom experience that inspired her to attend law school p.19
Feature stories
The 2020 Precedent Setter Awards
Meet six emerging lawyers who have become masters of their practice areas and agents of change in the community p.19
Trade secrets
What does it take to be an elite rainmaker? We asked the best in the business p.27
PRECEDENTMAGAZINE.COM 5
Contents
15
31
13 Editor’s Note What it took to publish this magazine in the middle of a pandemic p.9 Letters Our readers reflect on alcohol abuse in the legal profession p.10 Our People We asked our contributors to tell us about one of their most notable achievements p.11
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PRECEDENT SUMMER 2020
Brief
Debrief
Best Practices A violent assault almost killed David Shellnutt. Instead, it breathed new life into his career p.13
The Insider Three top litigators reveal how they manage to stay healthy throughout a trial p.31
On the Record How can the profession make sure women get their fair share of referrals? p.15
The Circuit Pre-COVID photos from this spring’s best lawyer parties (yes, we used to gather with other people in real life) p.33 Wellness The ultimate cure to workplace burnout p.36
On precedentmagazine.com
How to stay productive at home during the pandemic To keep up with work and life, it’s essential to have a routine
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SUMMER 2020. VOLUME 14. ISSUE 2.
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Editor’s Note
A pandemic timeline Making this issue of Precedent came with both blessings and challenges
Publishing a quarterly magazine requires predicting the future. At Precedent, we start
PHOTO BY IAN PATTERSON
to plan each issue about five or six months in advance, which means we have to anticipate what the world will look like at that time. When we hold photo shoots in the dead of winter, we invite our subjects to wear something “colourful and springlike” so that their wardrobes won’t seem out of place. We choose stories with long shelf lives, so our content will be relevant half a year away. At the best of times, it’s like we’re writing a letter to an unknown future. But never in my 13 years of making Precedent has the future been so entirely unknown. We began our work on this issue in January when we put out a call for nominations for our annual Precedent Setter Awards. Around the same time, the World Health Organization had identified a new virus in Wuhan, China. In early February, we hosted a dinner with a panel of lawyer judges who evaluated the nominations and selected the winners. We sat close to one another as we deliberated; hugs and handshakes were exchanged. Meanwhile, the novel coronavirus had begun to spread throughout the globe. On Thursday, March 12, the winners of the Precedent Setter Awards arrived at a west-end photo studio to have their portraits taken. When I made my way to the photo shoot that morning, I had no idea it would be the last day of normal. By the end of the day, every major sports league had suspended its season, and Premier Doug Ford had announced that students would not be returning to school after March Break. In the end, it was a stroke of luck that we held this photo shoot on the last day it would have been possible. We’re so fortunate to be able to profile the winners alongside such terrific photography (“In the spotlight,” p.19). But other parts of the magazine had to shift. Because we weren’t able to photograph our Best Practices subject, David Shellnutt, before the lockdown, you’ll see we have an illustration of him instead (“A new start,” p.13). Unfortunately, there is no Secret Life department at all; it was simply impossible to take a photo of a lawyer with an impressive hobby (although we did have someone great in mind). Perhaps the biggest change, though, was that we decided not to physically print this issue of Precedent. Since our launch in 2007, we have sent 49 print issues to the desks of Toronto lawyers. But since we were fairly certain that most of you wouldn’t be at your offices when this issue landed at the end of May, we had to reach you entirely online. It was a hard decision to make but hopefully the right one. In the meantime, I am eager to return to a day when we can schedule photo shoots and attend lawyer parties. And I can’t wait to once again send our print magazines to your office.
Stay in touch Want to make sure you never miss an issue of Precedent ? Well, you’re in luck. We’ve launched a brand-new subscription portal that makes it easier than ever to update your contact information. Visit precedentmagazine.com/my-account to get started. And if you need help, email us at subscribe@precedentmagazine.com or give us a call at (416) 929-4495.
Melissa Kluger
Publisher & Editor melissa@precedentmagazine.com @melissakluger
PRECEDENTMAGAZINE.COM 9
Letters
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A DIFFICULT SUBJECT
In our spring issue, we investigated the prevalence of alcohol abuse in the legal profession. When that issue came out, it sparked a robust conversation among our readers. Here’s what some of you had to say.
I read your article on the legal profession’s alcohol problem with great interest. When I was an articling student and an associate at a major firm in Toronto, all the social activities were built around drinking. If you could keep up with the partners in terms of alcohol consumption, it was a valued trait. If you didn’t drink, you were left out. As a child of an alcoholic with a long family history of alcoholism, I am particularly attuned to the disease of addiction. Being a lawyer is hard at the best of times. Combine that with the need to be perfect at parenting, at being a spouse and at just being, and you have the ideal addiction storm. Thanks for acknowledging this problem, Precedent. Let’s keep the discussion going. Lorna M. Yates Partner, Cohen Alves Peeters Yates LLP
@LSOCPD Law Society of Ontario CPD
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PRECEDENT SUMMER 2020
I really appreciate the lawyers who were willing to share their experiences with alcohol. It’s important to listen to these first-hand accounts, so we can de-normalize what some refer to as our “alcogenic culture,” where we use alcohol to mark every occasion. I stopped drinking over four years ago and have never looked back. Law schools and firms have more work to do to solve this problem. I also think that, as technology continues to blur the line between “work” and “home,” drinking interferes with the
practice of law in a new way. How many lawyers send a quick email after having a drink or three? Bay Ryley President, Ryley Learning
I found that your latest cover story focused too narrowly on one narrative of addiction: perfectionists who drink to cope with workrelated anxiety. The causes are more diffuse, including a lack of accessible support, a history of trauma exacerbated by the area of law we practice in and the fear of getting help due to stigma. However, it was refreshing to read blunt confessions about professional and personal problems stemming from alcohol abuse. The reasons for drinking were also relatable. We drink because alcohol solves a problem, at least for a while. And then it becomes the problem itself. Allison Grandish Owner, Allison D.M. Grandish, Barrister & Solicitor
The hottest stories on precedentmagazine.com Most views Inside the legal profes-
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Our People
A personal triumph This issue features the high-achieving winners of the Precedent Setter Awards. So we asked our contributors to tell us about an accomplishment that fills them with pride
Looking for a second chance?
Don’t miss our replays! Live Chat with your peers while you learn.
“I recently went to Patagonia for my honeymoon, and I climbed a mountain,” says Steph Martyniuk, a Torontobased photographer whose work has appeared in the New Yorker, the Globe and Mail and the New York Times. “I have zero endurance, so the eight-hour hike was awful, but the photos are amazing.” So, too, are the images she captured of this year’s Precedent Setter Award winners (“In the spotlight,” p.19).
Adrienne Tanner is a lifelong journalist who has worked
as a writer and editor at four major Canadian daily newspapers. These days, she is a frequent contributor to Maclean’s and the Globe and Mail. In this issue, she wrote about a website that aims to direct referrals to talented women in law (“Top of mind,” p.15). And what accomplishment sticks in her mind? “I conquered my fear of heights,” she says, “when I jumped off the high diving board to earn my Bronze Cross.”
There’s one essential, yet often overlooked, ingredient of a magazine photo shoot: hair and makeup. Over the past half-decade, Michelle Calleja has used her refined skill set to make sure that the lawyers we profile look perfect on set. And, recently, she has started to work on mainstream television shows. “I’m very proud of this accomplishment,” says Calleja. “I feel like I’ve grown as an artist and reached the next step in my career.”
Learn more at store.lso.ca/ replays
@LSOCPD Law Society of Ontario CPD
PRECEDENTMAGAZINE.COM 11
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Brief
THE LATEST FROM THE LEGAL WORLD
BEST PRACTICES
A new start After a violent New Year’s Eve assault, David Shellnutt almost lost his life. The harrowing experience changed the course of his career by Danielle Groen illustration by Lauren Tamaki
“ It’s really just trying to level the playing field.” Shara Roy on the new website that directs referrals to women in law p.15
On a wall inside David Shellnutt’s west-end Toronto law office,
brightly coloured get-well-soon cards surround a black-and-white printout of all the medical treatment he’s received through OHIP. Two lines near the bottom are highlighted in yellow. “Moribund,” it says, then adds for good measure, “Patient not expected to live.” Shellnutt only remembers a little about New Year’s Eve 2018 — kissing his partner, designer Allison Wood, in a bar at midnight; pushing open the door to leave; the first attacker coming toward him — but he won’t watch the surveillance footage that fills in the story. So here’s the rest of it: after he left the bar, two men in a car catcalled Wood; Shellnutt then threw a bag of trash at their vehicle; one of the men got out and began punching Shellnutt, who hit his
PRECEDENTMAGAZINE.COM 13
Brief head on the pavement when he fell to the ground, rendering him unconscious; at this point, the other man began attacking him. Shellnutt suffered two jaw fractures and an epidural hematoma that sent him into a coma for six days. “My surgeon excavated the blood from my brain,” he explains. “He said 30 minutes longer and I would have been gone.” Before the attack, Shellnutt worked at Scher Law, where he took on cases that blended human rights with personal-injury law, representing injured cyclists, sexualassault survivors and victims of police violence. He knew better than most lawyers the cataclysmic effects of a brain injury. “I have cycling cases where my clients sustained concussions in relatively minor crashes but are unable to work a year later,” he says. When he first woke from the coma, he feared his career was over. Shellnutt’s family and friends were contending with fears of their own. “Dave has such a strong personality — he is not a wallflower,” says Lerners LLP associate Jennifer O’Dell, who attended Osgoode with Shellnutt and was called to the hospital by Wood on the night of the attack. “We didn’t know if he would be a shell of himself.” Instead, he applied a single-minded determination to his recovery. A 365-daysa-year cyclist, he had to relearn how to walk. If the doctors said it — no drinking, minimum screen time, plenty of brain teasers — Shellnutt did it. He also recognized, from his work with people who have suffered extreme trauma, that the biggest hurdle would not be
“It sounds cavalier, but I get to hit capitalist institutions where it hurts: in the wallet.” David Shellnutt
physical. “I knew I was in emotional pain,” says Shellnutt. “Right away, I reached out to a psychotherapist.” He eased back into work at Scher Law that spring, contacting the Toronto Rape Crisis Centre and Covenant House to offer pro-bono sessions on civil remedies for
sexual assault. Then, in April, the Ford government announced it was shutting down the Criminal Injuries Compensation Board, a tribunal that adjudicated claims for financial help made by v ictims of violent crimes. “I would do full intake days for these organizations,” says Shellnutt. “By the September deadline, I had punched through 35 applications, including my own.” Shellnutt had always wanted to launch his own progressive practice, one that would focus on the work he felt most passionate about. So on December 31, 2019, exactly one year after the attack that almost ended his life, he opened The Biking Lawyer, with friends and family celebrating at his new office. Today, Shellnutt secures compensation for people who have been let down by the system — because their sexualassault cases were thrown out, because they were injured by the police, because they were sideswiped in a bike lane by more than a tonne of steel. “It sounds cavalier, but I get to hit capitalist institutions where it hurts: in the wallet,” he says. He figures if enough people lose enough money, the system might change. The morning after he opened his firm, he ran to the lake to watch the sunrise, then returned home to propose to Wood. And three months after that, when the coronavirus forced Torontonians to shelter in place, Shellnutt mobilized more than 500 cyclists to deliver crucial supplies to vulnerable people. “Since the attack, I just feel like my empathy is on turbo drive,” he says. “There’s always more work to be done.”
Timeline of a personal-injury lawyer
2012: He articles at Lerners LLP. David Shellnutt Founder, The Biking Lawyer Year of call 2013
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PRECEDENT SUMMER 2020
2013: Shellnutt detours to Deloitte for seven months, conducting document review on commercial litigation proceedings. 2014: He moves to Gilbert Kirby Stringer LLP, working as an insurance-defence lawyer.
2015: Shellnutt is back at Lerners, where he represents plaintiffs in more than 60 personal-injury actions over two years. Soon, he begins to consider a change. “I was sitting in Durham, Ont., on an examination for discovery, on another rear-ender motor-vehicle accident collision, and I was like, ‘I’ve got to do something more.’”
2017: He joins Scher Law, where he pursues human-rights cases. 2019: After Shellnut is attacked on New Year’s Eve, a GoFundMe campaign raises nearly $80,000 to cover the bills during his recovery. December 2019: On the last day of the year, Shellnutt opens his own practice, The Biking Lawyer.
PHOTO: TEAUNNA GRAY
2009: David Shellnutt starts law school at Osgoode Hall.
Brief ON THE RECORD
Top of mind To bring about gender equality in law, women must receive as many referrals as men by Adrienne Tanner illustration by Jenn Kitagawa
At the outset of her career, it never occurred
to Sana Halwani, a partner at Lenczner Slaght and a self-described feminist, that she might be biased against other women in the legal profession. But over time, she came to an unsettling realization. Whenever a client asked for a referral in an area outside of her expertise, which is intellectual property, the first names that came to mind were the “usual suspects” — older white men at the top of their field. “That started to bother me,” she says. Having worked hard to build a book of business, she understood the value of referrals. And so she found herself wishing for a list of trusted female litigators to whom she could refer work. Halwani talked it over with one of her partners, commercial litigator Shara Roy, who agreed that women are often overlooked when it comes to referrals. The problem is, in part, statistical: in Ontario, only 26 percent of private-practice partners are women, meaning there are simply more senior men to suggest to clients. Culture also plays a role. “Too often,” says Roy, “the assumption is that the warrior who can fight your battle on your behalf is a man.” And yet, there are plenty of powerhouse female litigators capable of doing the work. Deploying the resources of Lenczner Slaght, Roy and Halwani began to develop an online referral site. In the summer of 2019, ReferToHer.com officially launched. The site featured a list of female litigators that the two women, other partners at the firm or female litigators in their broader network felt confident recommending. “This isn’t meant to derogate in any way from our male colleagues,” says Roy. “It’s really just trying to level the playing field by putting women in your mind as well as men. Then you can make a decision about who the best person is.” By January, the list had attracted enough buzz that McCarthy Tétrault LLP asked if it could add a second list to the site, one that focused on corporate solicitors. “Women lifting up other women in the profession is
not a new phenomenon,” says Sonia Struthers, a business-law partner at McCarthy Tétrault who proposed the expansion. “ReferToHer just puts some structure around this activity.” ReferToHer.com now boasts a comprehensive index of litigators and corporate solicitors. A section on the site also allows women on the list to nominate additional lawyers. Nominees are added if they meet the following criteria: they’re an active partner at a law firm, a sole practitioner or
counsel; they identify as female; they don’t work at the same firm as the nominator; and the nominator has referred or would refer work to them. Sumeet Dhanju-Dhillon, a commercial litigator at Torkin Manes LLP, felt honoured when she was added to the ReferToHer roster this winter. She doesn’t know if her inclusion has garnered any referrals, but it is a point of pride that assists her when pitching for work. “It’s a great initiative,” she says. “It gives me credibility with clients.”
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PRECEDENT  SUMMER 2020
THE WINNERS OF THE 2020 PRECEDENT SETTER AWARDS
AT A GLANCE, the best lawyers don’t have much in common. You can find them at firms of all sizes, working in a range of practice areas. Some are courtroom wizards; others offer quick-and-cheap advice to the small-business community. To excel in each domain requires a totally different skill set.
IN tHE spOtliGht
But the profession’s most elite members do share one characteristic: self-knowledge. Keenly aware of their talents and passions, they can build careers that are charged with meaning. The winners of this year’s Precedent Setter Awards are living proof. All in their first 10 years of practice, they have the freedom to take on cases they care about and, at the same time, the opportunity to drive change in their community. Turn the page to discover how they pulled it off.
The judges MAY CHENG
Partner, Osler, Hoskin & Harcourt LLP BINDU CUDJOE
General counsel, Canadian Western Bank MARCUS MCCANN
Lawyer, Millard & Company LLP ALEXI WOOD
Partner, St. Lawrence Barristers LLP
By
DANIELLE GROEN , MATTHEW HALLIDAY , SEBASTIAN LECK , DAVIDE MASTRACCI and MAI NGUYEN
Photography by STEPH MARTYNIUK
Set design by JAMES REIGER
Hair and makeup by MICHELLE CALLEJA
PRECEDENTMAGAZINE.COM 19
PSA WINNER 2020
LINDSAY SCOTT
PA R T N E R
Paliare Roland Rosenberg Rothstein LLP L AW S C H O O L
University of Ottawa YEAR OF CALL
2011
LINDSAY SCOTT rushed to the principal’s office. It was her first year of high school, in Burlington, Ont., and she was carrying a page from a classmate’s yearbook, on which another student had written a racist poem. Scott, whose heritage is a mix of Irish, black and Indigenous, was one of the few racialized students at the school. After a year of hearing racist jokes and taunts, she finally had evidence of the toxic culture. But nothing happened: no suspensions, no consequences. Instead, Scott switched schools. Today, she is a partner at Paliare Roland, one of the top litigation boutiques in Toronto. “I had very little power back then,” says the 35-year-old. “I have much more agency now.” From the outset of her career, Scott has used that power to confront injustice. As an articling student and a junior associate, she played a key role in a historic trial that ultimately forced the federal government to accept legal responsibility for Métis and non-status Indigenous people. “She’s wise beyond her years,” says Andrew Lokan, a partner at Paliare Roland who was co-counsel on the case alongside Joseph Magnet, a law professor at the University of Ottawa. “She had an instinctive grasp of the importance of the evidence, of what would play well in court, of what kinds of material made for an effective cross-examination.” Her typical caseload consists of commercial and employment litigation. This work has taken her to the highest courts in the land, including the Supreme Court of Canada and the Ontario Court of Appeal. In 2017, Scott co-founded the Group of Racialized Ontario Women Litigators, also known as GROWL. More than 100 members support one another through networking events, panel discussions and client referrals. “There are challenges to being a racialized woman litigator that other lawyers wouldn’t face and may not understand,” says Scott. “We wanted a place where everyone would get it.” — SL
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PRECEDENT SUMMER 2020
PSA WINNER 2020
AARON BAINS
A S S O C I AT E
Aird & Berlis LLP L AW S C H O O L
Queen’s University YEAR OF CALL
2014
AARON BAINS has two careers. By day, the 30-year-old is an associate at Aird & Berlis LLP. The rest of the time — including mornings, nights and weekends — he is a crusader for those in need. “Giving back is a big part of my family’s ethos,” he says. “My sister passed away from cancer at 15 years old, so my family has always been involved in children’s charities.” Bains came to understand that he has an obligation to advance the public good. Case in point: his tireless work to improve the legal profession. He sits on the advisory board at JusticeNet, a not-for-profit that assists people who cannot afford a lawyer yet don’t qualify for legal aid. And he’s the president of the South Asian Bar Association of Toronto, a platform he uses to tackle highprofile issues. For instance, Bains has publicly criticized Quebec’s Bill 21, which bans public workers from wearing religious symbols — such as crucifixes, kippahs, hijabs or turbans — at work. And in 2018, he pushed back against Conservative MP Erin O’Toole, who had proposed introducing a motion in the House of Commons that would condemn extremist support for an independent Sikh state in northern India. Bains, who is Sikh himself, called every Conservative MP and party staffer he could find to explain that it’s harmful to suggest that Sikh extremism is a problem when there’s no data to support that claim. In his view, the motion would inflict damage on the Sikh community. “Motions like this link Sikhs to extremism for no reason,” says Bains. “The result is that innocent Sikhs get bullied, harassed and, in some terrible cases, assaulted or killed.” The motion was dropped. Bains brings a similar intensity to his legal work. His practice focuses on corporate finance, lending transactions and M&A. “Aaron has an elusive elixir of book smarts, street smarts and an indomitable work ethic,” says Tony Gioia, a partner at Aird & Berlis. “We do not have an easy practice. A lot of westcoast and overseas work. We have to be available around the clock. Aaron is always there, poised, polished, impeccably smart.”—MH
PRECEDENTMAGAZINE.COM 21
PSA WINNER 2020
AMANDA CARLING
MANAGER OF INDIGENOUS I N I T I AT I V E S
University of Toronto Faculty of Law L AW S C H O O L
University of Toronto YEAR OF CALL
2013
GROWING UP MÉTIS in Winnipeg, Amanda Carling was never under the illusion that Canada’s justice system is colour blind. But it wasn’t until she stepped into a Winnipeg courtroom that the depth of that inequality became clear. In 2007, as a criminology student at the University of Manitoba, she spent a day shadowing a judge in set-date court. “Every single person who came before the court was Indigenous,” she recalls. “Many were kids, some without a parent present. I thought, What chance do they have?” Carling went to law school in part because of that experience. In 2009, she started law school at the University of Toronto. At the time, she planned to become a criminal-defence lawyer. But as an articling student at the Association in Defence of the Wrongfully Convicted, now called Innocence Canada, she was frustrated by the daily grind of defence work. “We would put all this time and effort into undoing one wrongful conviction,” says Carling. “But there was so little being done to prevent the problem at a more fundamental level.” And so she decided to devote her career to driving systemic change. Now 36, she’s the manager of Indigenous Initiatives at the University of Toronto’s faculty of law. In this role, she supports Indigenous students and injects Indigenous-related programming into the curriculum. Because her work is about connecting with the next generation of legal talent, Carling is able to have a far-reaching impact on the entire justice system. Recently, she developed material for an annual seminar on wrongful convictions. The professor of the course is Kent Roach, who taught Carling when she was a student. “Now that she’s back and raising awareness on these issues in a way that’s never been done before, it’s just so wonderful,” says Roach. “And it’s so needed.”—MH
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PSA WINNER 2020
STEPHANIE digiuseppe PA R T N E R
Ruby Shiller Enenajor DiGiuseppe L AW S C H O O L
Osgoode Hall
YEAR OF CALL
2011
THE CROWN CALLED IT a story of street justice, captured on surveillance tape: Christopher Husbands fired 14 bullets in the Toronto Eaton Centre food court and killed two men, one of whom had beaten and stabbed him months before. Stephanie DiGiuseppe, his defence counsel, saw something more complex. “This is a story about trauma,” she says. The trial began in 2014. Alongside Dirk Derstine of Derstine Penman, where she was an associate at the time, DiGiuseppe argued that Husbands suffered from PTSD as a result of his assault. The legal duo meticulously examined the psychiatric witnesses through the trial and the subsequent retrial — even after, in 2018, she joined the defence firm that’s now called Ruby Shiller Enenajor DiGiuseppe — laying out the case that Husbands was in a dissociative state at the time of the shooting and should receive a lesser charge than first- or second-degree murder. “I honestly did not think the jury would buy it,” says her law partner Annamaria Enenajor. In the end, they found that his mental health was relevant. Early last year, when DiGiuseppe was eight months pregnant with twins, Husbands was found guilty of manslaughter; in November, he received a life sentence with credit for time served. “Stephanie pushes the law to a place where she thinks it could be more compassionate,” Enenajor says. That commitment to justice extends beyond the courtroom. DiGiuseppe raises funds for Peacebuilders Canada, which uses restorative justice to divert young people from the criminal system. “I believe so strongly that we should look at the earliest intervention points to prevent crime,” says the 35-year-old. Working with Enenajor at the Campaign for Cannabis Amnesty, she is pushing the government to expunge criminal records related to cannabis possession. And she has lobbied federal and provincial ministers to end solitary confinement. “I’ve watched the mental health of my clients disintegrate in conditions no human should be kept in,” says DiGiuseppe, who spent four months fighting to get a client a radio in segregation (she bought it herself). “Broad advocacy is one thing. I’m also trying to make my client’s life a little better.”—DG
PRECEDENTMAGAZINE.COM 23
PSA WINNER 2020
jANANI shanmuganathan PA R T N E R
AT 28 , Janani Shanmuganathan celebrated her first major courtroom victory. Her client, Hussein Nur, had been convicted of possessing an illegal firearm. And, although he was a 19-year-old with no criminal record, he faced a mandatory minimum three-year prison sentence. In 2015, Shanmuganathan asked the Supreme Court of Canada to strike down the mandatory minimum sentence for gun possession. Along with her co-counsel, Dirk Derstine, she helped advance the argument that the law prevented judges from considering the individual circumstances that make an offender less blameworthy. That argument won the day. “Janani has a natural calm about her,” says Derstine, a partner at Derstine Penman, where Shanmuganathan worked at the time. “She is very composed and has a natural ability to project confidence.” Over the past half-decade, she’s been on legal teams that have dismantled four other mandatory minimum penalties related to drug, gun and sex crimes. The overall impact of these rulings has been, in a word, seismic. One year ago, Shanmuganathan joined forces with her husband, Owen Goddard, and his good friend Justin Nasseri at their criminal-defence practice, Goddard Nasseri LLP. Today, at 33, she’s a partner at the firm. Her time is spent, in equal parts, on trials, appeals and professional regulation. “I’ve been so happy since the move,” she says. “It’s not every day that you get to work with people you love.” Behind her success, however, she has had to fight for her place in the courtroom. As a young petite, brown woman, she has been mistaken for a Tamil interpreter and a student. On social media and in the broader press, she has been vocal about these instances. That, in turn, has encouraged other lawyers to share similar experiences. “Once people start talking, you realize it’s not a one-off thing,” she says. “And it requires rectifying.”— M N
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Goddard Nasseri LLP L AW S C H O O L
University of Toronto YEAR OF CALL
2012
PSA WINNER 2020
ALEX KOCH
FOUNDER
Insight Legal L AW S C H O O L
Osgoode Hall
YEAR OF CALL
2014
LET’S NOT SUGARCOAT IT : the main complaint that clients have about their lawyer is the cost. Not that it’s too high, necessarily, but that the final price tag is impossible to predict. No lawyer wants to promise how many billable hours it will take to solve a particular problem, so the client has to wait until the matter comes to a close and the invoice arrives. Alex Koch, the founder of Insight Legal, is at the forefront of a predictable-billing revolution. Her client roster includes a wide range of start ups and small businesses. And much of her work involves drafting legal documents, such as shareholder agreements and privacy policies. Her clients can choose to pay her by the hour, or they can purchase these products at a fixed fee. “If I’m drafting a document, you’ll know exactly what you’re getting and how much you’re getting it for,” says the 31-year-old. Clients who expect to have legal demands throughout the year, meanwhile, can buy a subscription. “This model allows clients to have access to a lawyer at all times for a manageable monthly fee.” The billing arrangement is always tailored to the exact needs of the client. One of Koch’s most satisfied clients is Sina Hamidi, the CEO of the restaurant chain Crave Healthy Habits. “We’ve seen her firm grow,” he says. “And yet she always finds time for us when it matters most, even if it’s 11 p.m. on a Saturday.” Outside the office, Koch is committed to mitigating climate change, one of the most pressing issues of our time. Her legal skills are a valuable asset in her role as a volunteer board member of Transition Toronto, a notfor-profit that is helping the city transition away from fossil fuels. “I think people forget how beautiful this world is sometimes,” says Koch. “It’s an important thing to preserve.”—DM
PRECEDENTMAGAZINE.COM 25
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Bay Street’s top rainmakers reveal the secrets to their success by Conan Tobias illustrations by Jenn Liv
When
Perry Dellelce graduated from law school, at the University of Ottawa in 1990, he landed an articling position at one of the top firms on Bay Street. He hoped that this highly competitive placement would be a launching pad to a great legal career. But when his articling term ended, he was the only member of his cohort who wasn’t offered a job as an associate. “When you’re the only one out of 18 that doesn’t get hired back,” he says, “it can be very difficult to get an interview.”
Nonetheless, Dellelce was determined to work on Bay Street. “I certainly didn’t understand what it meant to work as a securities lawyer,” he says, “but I had always been interested in the stock market.” He decided, ultimately, to co-found a brand-new firm: Wildeboer Dellelce LLP. In short order, the firm established a clear identity. “We knew from the outset that we wanted to do business law, and that transformed into corporate finance and transactional work,” says Dellelce.
PRECEDENTMAGAZINE.COM 27
“We also wanted to be less bureaucratic than the larger firms. We wanted to be entrepreneurial and really understand our clients’ businesses.” Before he could achieve any of those lofty goals, however, Dellelce had a more pressing priority: to continue finding new clients. “When many of my colleagues from law school began practising, they were able to focus on understanding statutes and caselaw,” he says. “My job was about meeting payroll, so I was focused on business development by necessity.” Luckily, Dellelce was a natural rainmaker. Today, Wildeboer Dellelce is one of Bay Street’s leading corporate law firms, with more than three dozen lawyers in its ranks. That growth is the direct result of the firm’s track record for delivering topnotch legal advice and its business-development acumen. In the legal profession, rainmakers are at the top of the hierarchy. If you have a proven ability to land new clients, you’re almost certain to take home the most money during compensation season. Not only that, you will become a prime target for poachers and recruiters, who will incessantly try to bribe you away from your current workplace. This culture is fuelled, in large part, by a pervasive belief that there is a limited supply of natural-born rainmakers who can dominate the cocktail-party circuit and bedazzle the business world with a hypnotic charm.
“ The key component to my success over 27 years is meeting contacts, gaining contacts and staying in touch with them.” — Perry Dellelce, Wildeboer Dellelce LLP
But this is a vast oversimplification. If you examine how Dellelce amassed a client roster, for instance, he didn’t rely on an innate superpower. In fact, there’s no reason that other lawyers cannot — with enough hard work — emulate his playbook. “The key component to my success over 27 years is meeting contacts, gaining contacts and staying in touch with them,” says Dellelce. He doesn’t expect to leave each meeting with a new paying customer; his objective is to maintain relationships with people who might, one day, call him for advice. And because he can’t predict which connection might turn into a client, he casts a wide net: “I meet with all sorts of contacts I’ve made over the years, at social and charitable events, as well as colleagues.” In his view, the most junior members in the profession possess their own powerful networks. “If I had one piece of advice for any young lawyer wanting to hone their clientdevelopment skills, they should, from the very beginning, keep in touch with any contacts that have the potential to be clients,” he says. That includes connections they’ve made through their undergraduate degree, law school and extracurricular activities, as well as not-for-profit and philanthropic work. Those relationships should not be left to wither and die. “You can’t go through a 10- or 15-year career and see that your buddy becomes general counsel of a corporation and then call them up and ask them for legal work. You’ve got to be there all along.” Is it possible, though, to cram so many meetings into a busy work schedule? “You do a coffee in the morning, a lunch and a coffee or two in the afternoon,” says Dellelce. “That’s three or
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four a day. If you’ve got eight hours of billable work, and you’ve got three hours of meetings that are one hour each, that’s 11 hours a day. Get used to it. But trust me: if you follow that formula, you’ll have a million-dollar book of business inside of two years.” Dellelce, for his part, might take upwards of 1,000 nonclient meetings over the course of a year. In his experience, rainmaking is a numbers game, and that’s the sort of volume that is required to initiate and develop business.
The
best rainmakers, to be sure, must have a relentless dedication to meeting new contacts. But that doesn’t mean they’re all high-energy socialites. Consider the career path of Joyce Bernasek, one of the top rainmakers at Osler, Hoskin & Harcourt LLP. Once she made partner, in the firm’s financial-services group, she felt the expectation to bring in business. To help Bernasek develop her skills in this department, Osler sent her to a rainmaking conference for women, which she considers a turning point in her career. “The takeaway from that, for me, was that you may not see yourself as a rainmaker per se, but you can become a rainmaker,” she recalls. “I think it’s generalized that rainmakers have to be extroverts. The sort of person who walks around at a party, shakes hands with 50 people, gets a bunch of cards and is quite loud.” Bernasek is partial to quick daytime meetings with potential clients, but she fosters those connections in a way that aligns with her personality. “I’m an excellent listener,” she says. “And I care. I care about my clients’ business. I care about their success. And I want to be a part of that.” Though Bernasek does attend the occasional networking function, she is hyper-strategic about how to take advantage of these opportunities. “I have three young kids and an investment-banker husband, so our schedules don’t really permit much nighttime activity,” she says. “So I don’t go to parties cold. I research who’s going to be there, identify who I want to meet and I go and meet them.” (Bernasek is aware that her clients often have young families, so she is also sensitive to their busy schedules.) The savviest rainmakers know that it’s not enough to solely drum up new business. They also pay close attention to their current client base. “If you really want to know who the best rainmakers are in a law firm, ask the clients,” says Jordan Furlong, an Ottawa-based legal consultant. “The client will say, ‘When I’m in trouble, I call her.’ And what makes them call that particular lawyer? Clients will tell you that the lawyer ‘gets’ their business, their strategy and their concerns. There’s a sense of advocacy and reliability.” Georges Dubé, a partner at McMillan LLP, stresses that a lawyer can generate plenty of additional work — and, in turn, revenue — simply by offering sterling advice to existing clients. When clients like a particular lawyer’s work, they become repeat customers. “I think people get enamoured by lawyers who attract new work,” says Dubé. “But if you look at most firms, it’s 80 percent current clients and 20 percent new clients. You get most of your work from existing clients and relationships.” Bernasek is in regular contact with her lineup of clients. “Every week, I’m in touch with 15 to 20 people on a continual basis,” she says. “It’s a repetitive and consistent system.” This keeps her top of mind, but it also allows her to anticipate the unique needs of each client. “If I work on one thing for an existing client and I see something else that might be of
i nterest to them, I reach out. That’s increased even more as the COVID-19 situation has evolved. It’s doubly important to stay in touch with clients right now and let them know we’re here to help them.”
The
road map to rainmaking prosperity might be clear, but it takes practice to navigate it like a master. Young lawyers need time to establish a routine that lets them meet contacts throughout the day and, at the same time, learn how to practise law. And though extroversion is not a necessity, it takes skill to intuitively present oneself — at a coffee, lunch or networking event — in a way that projects confidence. Dellelce, for his part, doesn’t expect his associates to have an instant aptitude for client development. “We have a ton of client events that we tell our students and associates to
attend,” he says. “We do that on a regular basis, so our young lawyers can mingle with senior clients and market themselves by osmosis.” The firm also instructs associates in their first and second years to focus on developing their skills and legal expertise. Only by third year are they encouraged to up their rainmaking game. Emily Lee, a co-founder of ALT Recruitment Partners, has found that associates are showing an increased willingness to learn the secrets of rainmaking. “Associates are discovering that it’s an important skill to develop,” she says. “Especially now that partnership is more elusive than it has been in the past. Being able to build up business and bring in clients is being requested of associates a lot earlier.” To Dellelce, there is one final ingredient to rainmaking success: persistence. “Like any salesperson,” he says, “you have to call and call again and call again — and then call again.”
PRECEDENTMAGAZINE.COM 29
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Debrief life beyond the law
THE INSIDER
Going the distance How to stay healthy during a trial by Matthew Hague illustration by Cristian Fowlie
“On some days, I had trouble convincing myself that I still wanted to do my job.” Daniel Waldman on his personal struggle with professional burnout p.36
The trial is the most high-stakes event in the legal system. Your
client’s life, reputation or fortune is at risk, and your work ethic will, at least in part, determine the outcome. So your own welfare, surely, can take a back seat. Don’t worry about sleep; simply work through the night, using sugar-dense snacks and coffee as fuel. Exercise, of course, is a frivolous waste of time. You’ll need that time to refine your upcoming cross-examination. This might sound logical, but it’s nonsense. Amid the chaos of a trial, the best litigators make it a priority to sleep well, eat right and stay active. It keeps their minds sharp and helps safeguard their mental health. Your next long trial might be at the courthouse or, if our social-distancing requirements haven’t been lifted, you
PRECEDENTMAGAZINE.COM 31
Debrief might find yourself before a judge over Zoom. No matter what form your next trial takes, these health-boosting tips will keep you at the top of your game. ➊ Build a meal plan
“Maintaining a healthy diet is important, but it’s difficult,” says Andrew Bernstein, a partner and commercial litigator at Torys LLP. “Before a trial, I plan out what I’m going to eat each day. I try to avoid carbs at lunch and stick to proteins and vegetables: chicken, tuna or legumes, alongside a salad or warm veggies. The planning helps me prevent the bad decisions that you make when you’re scrambling for food.” You can even plan lunch at the courthouse. During one trial, at 1000 Finch Avenue, Angela Chaisson pre-bought four months’ worth of lunches (including tips) at the cafeteria. “I never wasted time thinking about what I was going to eat or waiting in lines,” says the criminal-defence lawyer at Angela Chaisson Law. “I walked in and picked up my order from the counter. I have the taste buds of a child, so I was eating
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cucumber, tomato and cream cheese sandwiches. But that’s better than a bowl of Lucky Charms.”
“Sleep is so important. It reduces stress, maintains the immune system and helps you stay sharp.”
➋ Avoid caffeine
➍ Move your body
“Drink water, not coffee,” advises Malik Martin, a partner at Rueters LLP, a busy litigation boutique in Toronto. “Caffeine has a long half-life. Even if your last cup is mid-afternoon, the caffeine may still be in your system at 10 p.m. That makes it harder to sleep.” Chaisson is equally wary of caffeine. “Water makes you hydrated, which feels nice,” she says. “Too much coffee makes you feel jittery, which is less nice.” ➌ Don’t stay up past bedtime
All-nighters are a terrible idea. “I don’t function without sleep,” says Bernstein. “During a trial, I try to be in bed by 11 and up at 6:30.” Martin, for his part, uses his seven-yearold son as a reverse alarm clock. “When I put him to bed at nine o’clock, I go to bed too, so we’re on the same routine,” he says.
Even a modest amount of exercise can have a significant impact. During breaks, both Martin and Bernstein make an effort to take walks when they can. “You might think taking a walk is a waste of valuable time,” says Bernstein. “But it helps you think more clearly.” As Malik puts it: “It’s important to get some sun.” ➎ Celebrate the ending
At a trial’s conclusion, it’s important to take time to recharge. “I don’t see my family that much during a trial,” says Bernstein. “Afterwards, it’s nice to schedule a few days off to be with them.” And if you can’t take any vacation days, it’s still nice to mark the milestone. “As a solo lawyer, I usually don’t have time after a trial to take time off,” says Chaisson. “But I still like to unwind, usually with a good cheeseburger and a nice bottle of red.”
Debrief THE CIRCUIT
Parties of the spring Not long ago, the legal profession would celebrate in person at events. Honestly, it happened. Thankfully, we were able to attend the last batch of lawyer parties to take place before the pandemic led to a city-wide shutdown — and we have photo evidence of that bygone world
Brad Wilson (RBC), Lorraine Lynds (RBC), Stuart Morrow (RBC), Daniela Follegot (RBC), Chrissy Giannoulias (RBC)
Andrew Guerissi (Borden Ladner Gervais LLP), Sam Presvelos (Presvelos Law LLP), Marisa Vekios (Kelly Jordan Family Law), Stephanie Voudouris (Cassels Brock & Blackwell LLP), Melina Antoniadis (Ministry of the Attorney General)
Paul Karvanis (Metrolinx), Kosta Kalogiros (McCarthy Tétrault LLP), Megan Reid (Dewart Gleason LLP)
The 22nd Hellenic Professionals’ Gala FEBRUARY 29, 2020 photography by Matt Tibbo by Sebastian Leck
John Georgakopoulos (Willms & Shier Environmental Lawyers LLP), John Polyzogopoulos (Blaney McMurtry LLP)
Gina Alexandris (Ryerson University), Angela Nikolakakos (Fiera Investments LP), Francesca Smirnakis (RBC), Eleni Damianakis (Canadian Tire Corporation)
Inside the Ritz Carlton, more than 400 guests turned up at the Hellenic Professionals’ Gala. The annual event is both a networking opportunity and a fundraiser for student scholarships. “I am constantly impressed and humbled by the ongoing support and enthusiasm of the Hellenic Canadian lawyers’ community,” says Francesca Smirnakis, a senior counsel at RBC and the president of the Hellenic Canadian Lawyers’ Association (HCLA), one of the organizations behind the event. “Their commitment to the HCLA makes events like these possible, so we can help our students with their increasing tuition.”
PRECEDENTMAGAZINE.COM 33
Debrief The 20th TLA Awards Gala MARCH 5, 2020 photography by Matt Tibbo by Sebastian Leck
The biggest players in the legal community arrived in the crystal ballroom at the Omni King Edward Hotel to attend the Toronto Lawyers Association’s annual awards gala. At this year’s event, three top lawyers were recognized for their contributions to the profession. Ceyda Turan, the founder of Turan Law Office, received the Emerging Excellence Award. Gillian Hnatiw, the principal of Gillian Hnatiw & Co., took home the Honsberger Award. And Brian Greenspan, the renowned criminal-defence lawyer, won the Award of Distinction. In his acceptance speech, Greenspan said it was “overwhelmingly gratifying” to receive such an award from his peers. He went on to tell the partygoers to approach their work with purpose. “Nelson Mandela observed that there is no passion to be found in playing small and settling for a life that is less than the one you are capable of living,” said Greenspan. “If you have been as fortunate as I have, to have found what you believe to be the recipe for fulfillment, live vigorously. Play it hard. Exhaust yourself.”
Bill Woodward (Dyer Brown LLP), Alisha Athanasiou (Athanasiou Law Professional Corporation)
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Brian Greenspan (Greenspan Humphrey Weinstein)
Mark Crane (Gowling WLG), Derry Millar (WeirFoulds LLP)
Gillian Hnatiw (Gillian Hnatiw & Co.), Ceyda Turan (Turan Law Office Professional Corporation)
Renée Vinett (Howie Sacks and Henry LLP), Kate Mazzucco (Beyond Law), Margaret Waddell (Waddell Phillips Professional Corporation), Valérie Lord (Howie Sacks and Henry LLP)
Erica Richler (Steinecke Maciura LeBlanc), Julie Maciura (Steinecke Maciura LeBlanc), Rebecca Durcan (Steinecke Maciura LeBlanc)
Debrief
Howard Rubel (Heller, Rubel Professional Corporation), Valerie Edwards (Torkin Manes)
Elyse Sunshine (Rosen Sunshine LLP), Luisa Ritacca (Stockwoods LLP), Clancy Catelin (Rosen Sunshine LLP)
Barry Weintraub (Rueters LLP), Alison Pengelley (Waddell Phillips Professional Corporation)
Melissa Miller (Howie Sacks and Henry LLP), Brooke MacKenzie (MacKenzie Barristers), Gavin MacKenzie (MacKenzie Barristers)
Brian Brock (Dutton Brock LLP), Ian Binnie (Lenczner Slaght Royce Smith Griffin LLP)
Jeffrey Levine (McMillan LLP), Miriam Young (Ministry of the Attorney General), Brett Harrison (McMillan LLP)
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Debrief
WELLNESS
Staying power Burnout is one of the nastiest side effects of a legal career, but it can be overcome by Daniel Waldman illustration by Jamie Bennett
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When I started my career in private practice,
I was brimming with drive and enthusiasm. The work was interesting, and I had a strong desire to help my clients through the most difficult challenges. It was a hard job, to be sure, but I loved the thrill of tackling the toughest assignments. As the years went by, however, and the dockets stacked up, my passion began to wane. Not because of the long hours or the high-pressure environment; I was ready for all that. The real problem was with my motivation and overall energy level. On some days, I had trouble convincing myself that I still wanted to do my job. I found myself stuck in a cynical holding pattern, and my productivity began to decline. Does this sound familiar? Have you ever felt like all your hard work was, well, a bit pointless? Though I didn’t know it at the
time, I was struggling with a textbook case of burnout. Across the legal profession, this condition is pervasive. In 2012, the Canadian Bar Association commissioned a large-scale survey of lawyers, law students and judges across the country. According to the final report, 94 percent of respondents identified “stress/burnout” as one of “the most prevalent health and wellness issues facing lawyers today.” The implication is clear: if you haven’t already experienced a bout of professional ennui, you’re almost certain to at some point in your career. Having survived my own struggle with burnout, allow me to pass along some advice. If you find that your motivation has been totally sapped, devote some thought to what you are working toward in your career. I know it seems like you should always prioritize the most urgent problems of the moment, but you shouldn’t take your career one assignment at a time. Try to see the big picture. How are you helping your clients achieve their goals? Are you making a real difference in their lives? At the same time, think about the career that you’re building. How does your daily work contribute to your long-term aspirations? To overcome burnout, we have to rediscover what’s most meaningful about our work. Keep in mind: you don’t have to wrestle with these questions alone. If you need help, talk to someone, be it a mentor, a friend or a therapist. Feeling burnt out is a common side effect of working in this demanding, high-pressure profession. And, like any other problem, choosing to power through it on your own will not make it go away. If you conclude, in the end, that you’re truly dissatisfied with your current caseload, you can make a change. In fact, it’s never a bad idea to seek out different assignments and get out of your comfort zone when you can. When work becomes monotonous, boredom and frustration will follow, which can lead, in turn, to burnout. Finally, and perhaps most importantly, take time away from work. I know you hear this all the time, but that’s because it’s true. If you don’t take any time off, not only will work start to suck, but your energy and motivation will tank. This business may be tough, but that doesn’t mean we deserve to be miserable. Daniel Waldman is an associate in the litigation group at Pallett Valo LLP. He writes about career satisfaction and business development for Precedent.
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