A Litigator's Arsenal

This book is essential for: civil litigators who practice in the Supreme Court of BC.

Current to: September, 2011

The tools and the techniques for litigation success! 
Knowledge of the Supreme Court Rules is a necessary but not sufficient condition to being a great civil litigator. To be an effective counsel requires an in-depth knowledge of the rules in practice and how to best utilize them in any given context. There are many nuances in Supreme Court civil practice which depend on a critical understanding of how a file can be expeditiously moved towards a satisfactory resolution; also, since July 1, 2010, the Civil Rules have incorporated the guiding principle of "Proportionality" to temper the effect of the Rules of Court. In this context, this core practice publication focuses on what counsel need to know to maximize their effectiveness in the increasingly challenging arena of civil litigation. You will learn an arsenal of practice secrets that experienced counsel apply time and time again. Going beyond the basics, A Litigator's Arsenal blends black letter law, practice tips, best practices, and words of wisdom from jurists and seasoned practitioners. This book will assist a broad spectrum of litigators to raise their level of practice.

Course Materials Coordinator
David A. Crerar — Borden Ladner Gervais LLP, Vancouver

CLEBC Program Lawyer
Raymond Lee
rlee@cle.bc.ca

CONTENTS

• examinations for discovery - techniques for success for new, intermediate, and senior lawyers; strategic use of examinations for discovery - purposes of discovery, strategic objectives
• strategic use of case management: overview of the case planning regime, case law, are the promised benefits being achieved and utilized for the benefit of consumers of our court system?
• drafting orders in the BCSC: some guidance from the BCCA
• war is the continuation of policy by other means: of Marshall and Patton, litigation is the continuation of policy by other means, assessing strategic goals, settlement considerations
• conceptualizing and presenting at trial and on appeal: initial series of interviews with client, interviewing witnesses, counsel's judgment, the applicable law, the development of your theory and the case, trial, conceptualizing and presenting an appeal
• a view from the bench - chambers practice: jurisdiction of the master, decorum, punctuality, drafting, unrepresented parties, orders, costs