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  • This paper focuses on navigating family court and the Provincial Court process. Topics addressed include jurisdiction, process, advantages and disadvantages, and views from the bench. Review legislation, family law specifics, and costs. Learn about filing documents and general procedural issues, JDRs, trial dates, and the appeal process in Provincial Court. Consider the advantages and disadvantages of proceeding in Provincial Court. Finally, gain insight and advice regarding the trial process in Provincial Court from members of the judiciary. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Calgary on November 17, 2016 and in Edmonton on November 22, 2016.
  • This paper provides practical tips and simple checklists to assist in the preparation for trial. It includes a discussion of considerations and steps to take prior to entry for trial, and reviews the Rules of Court related to scheduling trial. In addition, tips for trial preparation are highlighted, including disclosure, opening statements, property summary, costs mitigation, agreed statement of facts/issues, and attendance and preparation of witnesses. As well, trial books, exhibits, and the use of case law at trial are also discussed. This paper includes the following samples as appendices: request to schedule a trial date; opening statement; notice to admit facts; agreed statement of facts; issues for trial; trial book index; and list of exhibits. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Calgary on November 17, 2016 and in Edmonton on November 22, 2016.
  • Efficient trial advocacy requires keen knowledge of the Rules of Court to give effect to the intentions of cost-effectiveness, timeliness, and efficiency expressed in Rule 1.2. This paper provides an overview of the requirements and tools built into the Rules of Court that relate to trial procedure. Topics discussed include settlement; scheduling a trial; relying on and amending pleadings; trying claims/issues together or apart; discovery of records, questioning, and written interrogatories; and shortcuts and mechanisms for proving facts efficiently for trial. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Calgary on November 17, 2016 and in Edmonton on November 22, 2016.
  • This paper discusses jurisdiction considerations in litigation. It provides a background discussion on determining jurisdiction, including the real and substantial connection test and other factors considered by the court. It also reviews civil litigation procedural differences between Canada and the United States, including terminology, service of documents, letters rogatory, discovery rules, security for costs, undertakings, trials, and courtroom etiquette. Additionally, procedural differences between Alberta and other Canadian provinces, particularly Ontario and British Columbia, are also highlighted. Issues discussed include starting and defending a claim, special litigation rules, Ontario Simplified Procedure, mediation, service deadlines, disclosure and discovery, and costs. This paper is part of a collection presented at LESA’s Managing a Litigation Practice program held in Edmonton on November 24, 2016 and in Calgary on December 1, 2016.  
  • This paper deals with managing a litigation practice. It is divided into two sections: the first discusses the critical skills necessary to be a good litigator; the second contains a collection of precedents that may be of particular assistance to young litigators. It includes a discussion of 3 critical skills: client management, file management, and time management. As well, styles of litigation practice and the Code of Conduct are also considered. In addition, this paper contains 31 valuable precedents, including a file opening questionnaire, retainer letter, various letters to different agencies and entities (particularly related to an insurance or personal injury practice), client reporting letters, a statement of receipts and disbursements, a general will, personal directive, and enduring power of attorney. This paper is part of a collection presented at LESA’s Managing a Litigation Practice program held in Edmonton on November 24, 2016 and in Calgary on December 1, 2016.
  • The prevalence of electronic records creates challenges and opportunities in litigation. This paper addresses some of those practical challenges and opportunities when dealing with electronically-stored information, and provides suggestions for ensuring that records are properly located and disclosed, managing the receipt of records from opposing parties, and organizing a large number of records. This paper is part of a collection presented at LESA’s Managing a Litigation Practice program held in Edmonton on November 24, 2016 and in Calgary on December 1, 2016.
  • This paper discusses client management and provides tips for working with clients and opposing counsel. It outlines key practices to effectively communicate with clients and to maintain client satisfaction. It also discusses how to manage difficult clients, including the types of difficult clients and strategies to be employed when dealing with these clients. Similarly, tips for dealing with difficult opposing counsel are also provided. This paper includes, as an appendix, a list of 10 tactical tools to deal with incivility. This paper is part of a collection presented at LESA’s Managing a Litigation Practice program held in Edmonton on November 24, 2016 and in Calgary on December 1, 2016.  
  • This paper addresses practical advantages of engaging in questioning in a family law file. In particular, the authors discuss the “if, when, why, and how” of questioning in family law matters, including considerations for deciding whether to question, how to proceed to questioning, the goals and areas of focus in questioning, and how to achieve desirable outcomes in questioning. As well, dealing with objections and written interrogatories are also considered. This paper is part of a collection presented at LESA’s Financial Disclosure in Family Law Matters program in Edmonton on October 18, 2016 and in Calgary on October 25, 2016.
  • Obtaining timely disclosure, from clients and from the opposing party, is often the secret to a successful file. This paper discusses tools available to family counsel seeking timely disclosure. Part I of this paper focuses on obtaining timely disclosure from clients. Part II of this paper discusses the options available for obtaining disclosure from the opposing party. It includes a review of the applicable legislation and case law, a discussion of litigation tools, and provides tips for best practices and strategies. The appendices to this paper include: a sample disclosure checklist, a sample disclosure index, and a sample response to notice to disclose. This paper is part of a collection presented at LESA’s Financial Disclosure in Family Law Matters program in Edmonton on October 18, 2016 and in Calgary on October 25, 2016.