Professional Responsibility
Discuss the lawyer’s duty to preserve client confidentiality and the appropriate measures to be taken when asked by a client to do something that would breach professional obligations.
| 5 | Extensively discusses the lawyer's duty to preserve client confidentiality and proactively takes the appropriate steps if asked by a client to do something that would breach professional obligations. |
| 4 | Actively discusses the lawyer's duty to preserve client confidentiality and takes the appropriate steps if asked by a client to do something that would breach professional obligations. |
| 3 | Discusses the lawyer's duty to preserve client confidentiality and observes the appropriate steps if asked by a client to do something that would breach professional obligations. |
| 2 | Briefly discusses the lawyer's duty to preserve client confidentiality and the appropriate steps to take when asked by a client to do something that would breach professional obligations. |
| 1 | Does not discuss lawyer's duty to preserve client confidentiality nor take appropriate steps when asked by a client to do something that would breach professional obligations when needed. |
| X | Not applicable |
Ability to recognize circumstances that give rise to ethical problems, and to recognize that such problems benefit from prompt and serious attention and guidance from others.
| 5 | Anticipates potential ethical issues and problems before they arise, promptly bringing such issues and problems to the attention of the supervisor/principal, weighs competing interests, refers to the Model Code of Professional Conduct, and consults with other legal professionals as needed when making ethical decisions. |
| 4 | Identifies ethical issues and problems from a broader perspective (e.g., impact on the administration of justice). |
| 3 | Discusses key ethical issues after the potential ethical issues and problems are provided by the principal. |
| 2 | Identifies some of the ethical issues and problems involved or inaccurately identifies ethical issues and problems. |
| 1 | Unable to identify ethical issues and problems. |
Making informed and reasoned decisions about ethical issues including discussing and managing potential conflict of interest issues.
| 5 | Takes into consideration the values of the profession when there is no clear answer in the Model Code of Professional Conduct and initiates client conflict management process wherever applicable. Presents possible solutions and ways forward in a proactive manner. |
| 4 | Makes an appropriate decision regarding an ethical issue based on the Model Code of Professional Conduct and applies the client conflict management process whenever applicable. Discusses possible solutions and ways forward. |
| 3 | Makes a recommendation regarding an ethical issue based on the Model Code of Professional Conduct and observes the use of the client management process whenever applicable. |
| 2 | Decides on an ethical issue without referring to the Model Code of Professional Conduct and observes the use of the client conflict management process after being instructed to do so. Rarely presents possible solutions. |
| 1 | Does not decide when an ethical issue arises. Allows ethical issues to escalate. Unaware of the client conflict management process. Does not present any solution. |
Ability to exhibit knowledge through overall performance, carrying out obligations and dealings, including by adhering to the highest ethical standards and demonstrating courtesy and good character in all dealings.
| 5 | Consistently demonstrates knowledge of LSN Rules and Model Code of Professional Conduct by adhering to the highest ethical standards, including carrying out obligations courteously and respectfully, with candour and good character in all dealings. |
| 4 | Frequently refers to the LSN Rules and Model Code of Professional Conduct in carrying out obligations with candour and good character in all dealings. |
| 3 | Occasionally observes the LSN Rules and Model Code of Professional Conduct in carrying out all obligations and dealings. |
| 2 | Rarely observes or refers to the LSN Rules and Model Code of Professional Conduct in carrying out obligations and dealings. |
| 1 | Demonstrates inadequate knowledge of the LSN Rules and Model Code of Professional Conduct through non-observance of proper courtesy and decorum in carrying out obligations and all dealings. |
The articling experience should teach candidates to recognize and understand a lawyer’s professional responsibility and regulatory obligations. On completion the candidates should have an understanding of the rules, where the rules can be located, and how the rules apply to the lawyer’s practice.
- Attend a session reviewing regulatory requirements and practice management information outlined in the LSN's practice toolkit:
- Attended a session
- Did not attend a session
- Expected date of attendance _________
Practice Management
Ability to be prioritize work effectively, manage multiple files, and keep deadlines.
| 5 | Consistently accomplishes tasks on or before set deadlines. Able to effectively manage multiple files without difficulty. |
| 4 | Able to consistently accomplish tasks on set deadlines and manage multiple files. |
| 3 | Occasionally causes minor delays by promptly asking extension from deadlines. Able to manage multiple files with some difficulty. |
| 2 | Rarely accomplishes tasks despite set deadlines causing delays. Able to manage not more than two files. |
| 1 | Unable to accomplish tasks on set deadlines causing serious delays. Unable to manage multiple files. |
Ability to prioritize tasks and workload. Ability to organize files.
| 5 | Regularly prioritizes tasks and workload according to importance and urgency. Regularly organizes files effectively. |
| 4 | Frequently manages tasks and workload with a sense of urgency. Frequently organizes files. |
| 3 | Accomplishes tasks and workload on set deadlines. Occasionally organizes files when reminded. |
| 2 | Rarely accomplishes tasks and workload despite set deadlines. Rarely organizes files even after instructions. |
| 1 | Unable to accomplish tasks and workload on set deadlines. Unable to organize files properly even after instructions. |
a. Effective client communication, development, and relations; Explaining the legal situation clearly and accurately, ensuring there is a mutual understanding with clients regarding instructions.
| 5 | Interprets the client's nonverbal behaviours and responds in a way (verbally and nonverbally) that further establishes rapport and trust. Helps the client to manage the client's expressed emotions and behaviours. Anticipates and proactively addresses issues that could lead to unreasonable client expectations. |
| 4 | Demonstrates empathy for the client. Uses positive nonverbal behaviours when meeting the client. Takes steps to correct unreasonable expectations based on an understanding of the law and legal proceedings. |
| 3 | Communicates clearly, respectfully, and in a manner in which the client can relate. Communicates information required to establish trust. Communicates effectively with the client to promote reasonable client expectations. |
| 2 | Experiences a high level of difficulty when communicating with and relating to the client, but without demonstrating disrespectful behaviours. Identifies when expectations are unreasonable and brings them to the attention of the principal/supervisor but does not address them with the client. |
| 1 | Demonstrates a lack of preparation when meeting the client (e.g., does not know the client's name or basic facts that are important to establishing rapport). Demonstrates disrespectful behaviours. Fails to identify unreasonable client expectations or promotes unreasonable client expectations. |
| X | Not applicable. |
b. Keeping the client informed of the progress of the matter through client meetings where remedies, options, advice, and instructions are discussed.
Collaboration, teamwork, and good relations with office staff.
| 5 | Builds productive rapport with co-workers. Always demonstrates candour and courtesy in working with others. Conducts oneself in a manner that inspires trust, respect and confidence. |
| 4 | Cordial and willing to help coworkers. Direct, honest and polite. Conducts oneself in a manner that is civil, courteous and in good faith. |
| 3 | Maintains good working relationships with coworkers. Treats others with fairness, dignity and respect. |
| 2 | Rarely offers to assist others in the office. Makes negative comments that affect working relationships with others. |
| 1 | Projects behaviour that is abusive or offensive. Communicates in a manner that is not with the proper tone of a professional. |
- Observe procedures related to engagements/retainers and/or documenting the scope of services including advice given to the client and instructions received from the client.
| 5 | Regularly observes procedures related to engagements/retainers and/or documenting the scope of services. Prepares a complete record of the content of the interview, including the rationale for the advice provided to the client and the client's instructions. |
| 4 | Frequently observes procedures related to engagements/retainers, and accurately and completely documents the scope of services including the advice given and instructions received from the client. |
| 3 | Occasionally observes procedures related to engagements/retainers. Documents the scope of services, advice given, and instructions received from the client such that minor certification is required. |
| 2 | Rarely observes procedures related to engagements/retainers. Documents the scope of services, advice given and/or instructions received from the client incompletely. |
| 1 | Does not observe procedures related to engagements/retainers. Does not document the advice given and/or the instructions received from the client or does so inaccurately. |
| X | Not applicable. |
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Use time docketing system and/or follow the process for recording expenses and disbursements.
| 5 | Regularly uses time docketing systems and/or accurately follows the process for recording expenses and disbursements. |
| 4 | Frequently uses time docketing systems and/or correctly follows the process for recording expenses and disbursements. |
| 3 | Occasionally uses time docketing systems and/or follows the process for recording expenses and disbursements with minimal errors. |
| 2 | Rarely uses time docketing systems and/or inaccurately follows the process for recording expenses and disbursements. |
| 1 | Does not use time docketing systems nor follow the process for recording expenses and disbursements |
| X | Not applicable. |
Legal Research
- Gathers and organizes information to present a comprehensive set of facts and regularly conducts due diligence.
| 5 | Organizes information to present a comprehensive set of facts and regularly conducts due diligence. |
| 4 | Identifies and gathers all relevant facts and frequently conducts due diligence. |
| 3 | Gathers and summarizes sufficient relevant facts from the client and other sources and occasionally conducts due diligence. |
| 2 | Gathers accurate but incomplete facts. Conducts due diligence when reminded. |
| 1 | Gathers inaccurate facts. Ignores the need to conduct due diligence. |
| X | Not applicable. |
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Review and/or summarize relevant documentation (e.g., transcripts, client's personal or internal files, corporate minute books, contracts, files maintained by government or administrative bodies).
| 5 | Regularly conducts detailed reviews and efficiently summarizes relevant documentation for a variety of matters. |
| 4 | Frequently conducts detailed reviews and properly summarizes relevant documentation. |
| 3 | Occasionally conducts detailed reviews of relevant documentation. |
| 2 | Conducts limited reviews of relevant documentation. |
| 1 | Unable to conduct reviews nor summarize relevant documentation. |
| X | Not applicable. |
Identifying and analyzing issues (including substantive and procedural issues) and applicable areas of law. Interpreting, applying, and communicating research results.
| 5 | |
| 4 | |
| 3 | |
| 2 | |
| 1 |
Legal Writing
- Drafting legal documents that are well-structured, clear, succinct and that meet the intended purpose of each document.
| 5 | Always drafts legal documents that are well-structured, clear and succinct. Effectively responds to the intended purpose of each document. |
| 4 | Frequently drafts legal documents that are structured, clear and brief. Correctly responds to the intended purpose of each document. |
| 3 | Drafts legal documents that are concise and clear. Adequately meets the intended purpose of each document. |
| 2 | Haphazardly drafts legal documents that barely meet the intended purpose of each document. |
| 1 | Unable to draft legal documents. Drafts documents that do not responded to the intended purpose of each document. |
- Ensures accuracy of content (including effective use of precedents, and formulation of legal argument, analysis, advice or submissions), grammar, and punctuation. Uses appropriate tone.
| 5 | Effectively formulates and drafts sound legal arguments, analysis, advice or submissions by using precedents and making extensive, substantive modifications. Always ensures the accuracy of content, grammar and punctuation. Consistently uses the appropriate tone that conveys civility and courtesy. |
| 4 | Formulates and drafts legal arguments, analysis, advice or submissions. Correctly uses precedents and makes substantive modifications. Frequently ensures the accuracy of content, grammar and punctuation when drafting legal documents. Uses the correct tone throughout the document. |
| 3 | Formulates and drafts legal documents, analysis, advice or submissions by using precedents and making minor modifications. Ensures the accuracy of content with few noticeable grammatical errors and word order problems. Uses proper tone needing minor adjustments to convey civility. |
| 2 | Drafts legal argument, analysis, advice or submissions by using precedents without making appropriate modifications. Drafts legal documents with inaccurate content, very noticeable grammar errors, and word order problems. Ineffective use of tone causing confusion. |
| 1 | Unable to formulate legal argument, analysis, advice or submissions. Unable to use precedents. Drafts legal documents containing seriously inaccurate content, grammar and punctuation that causes confusion. Inappropriate use of tone that conveys confusion, discourtesy or rudeness. |
Legal Analysis and Analytical Skills
Eliciting relevant information from the client to determine the client’s goals and objectives.
| 5 | Identifies and collects relevant information that exceeds the expectations of the principal. Determine the level of sophistication and communication needs of the client and tailors the general level of discourse accordingly. Effectively elicits the goals and objectives of the client based on the information provided by the client. |
| 4 | Uses active listening skills to confirm understanding of the client's responses. Employs an effective plan for eliciting information from the client. Prioritizes the client's goal and objectives in the discussion. |
| 3 | Asks relevant questions tailored to the situation and client (e.g., open-ended or focused as required). Obtains sufficient information required to proceed. Elicits the client’s goals and objectives. |
| 2 | Does not tailor the type of questions asked to the situation or client. Does not obtain the necessary information required to proceed. Elicits the client’s goals and objectives only after principal facilitates the discussion/interview. |
| 1 | Spends a disproportionate amount of time collecting irrelevant information. Obtains little or no relevant information from the client. |
| X | Not applicable. |
Analyzing client’s problems based on the law, the facts, and the clients’ circumstances.
| 5 | Uses all relevant and important facts and information presented by the client to support the issue/s without difficulty. Accurately identifies relevant law when addressing the client’s legal needs. |
| 4 | Uses all relevant facts provided by the client in distinguishing between the client’s wants and legal needs. |
| 3 | Able to see fact patterns without difficulty. Identifies the client’s legal needs accurately but may identify some of the client’s wants as legal needs. |
| 2 | Needs help in identifying fact patterns and relevant law. Captures some of the client’s legal needs. |
| 1 | Unable to identify fact patterns and relevant law. |
| X | Not applicable. |
Identifying and analyzing the relevant facts and circumstances of the other party’s case to develop an appropriate case strategy. Specifies next steps or actions to further the client’s interests.
| 5 | Identifies the relevant facts and circumstances of the other party’s case. Develops an appropriate case strategy that is responsive to the other party’s case. Able to specify next steps or actions to further the client’s case and re-assess the case strategy as the file evolves. |
| 4 | Identifies the facts and circumstances in the other party’s case and demonstrates a basic understanding of how those may affect the case strategy. |
| 3 | Able to see the relevant facts and circumstances in the other party’s case but has difficulty relating those to a case strategy and analysing the client’s case in relation to other party’s case. |
| 2 | Needs help in identifying the facts and circumstances of the party’s case that may affect the case strategy. Needs help to integrate the other party’s pleadings or case into their case strategy. |
| 1 | Unable to identify next steps or a case strategy that responds to the other party’s pleadings or case. |
| X | Not applicable. |
Identifying and analyzing the issues raised by the other party in Application or Motion materials. Developing an appropriate response and specifying next steps or actions that further the client's interests.
| 5 | Identifies the relevant facts and legal issues raised in the other party’s materials. Develops an appropriate response that addresses those issues and furthers the client’s case. Able to specify next steps or actions and draft materials in reply. |
| 4 | Identifies facts and legal issues raised in the other party’s materials. Able to draft a general outline in response. Demonstrates a basic understanding of how those may affect the client’s interest. |
| 3 | Able to see the relevant facts and legal issues raised in the other party’s materials but has difficulty relating those to the client’s case. Able to develop and draft a response with some assistance and guidance from the principal. |
| 2 | Needs help in identifying the facts and legal issues raised in the other party’s materials. Needs help to formulate a response addressing those issuing and advancing the client’s interests. |
| 1 | Unable to identify the issues raised in materials or to formulate a response. |
| X | Not applicable. |
Identify applicable areas of law and legal issues.
| 5 | Correctly and comprehensively identifies applicable areas of law and legal issues. |
| 4 | Correctly identifies applicable areas of law and legal issues. |
| 3 | Identifies applicable areas of law and legal issues. |
| 2 | Rarely identifies applicable areas of law and legal issues with help. |
| 1 | Unable to identify the applicable areas of law and legal issues even with assistance. |
| X | Not applicable. |
Identifying and assessing possible courses of action and range of outcomes.
| 5 | Considers all the factors in developing a range of possible outcomes (e.g., costs, time), identifies likely outcomes, and makes a recommendation. |
| 4 | Assesses the strengths and weaknesses of the various courses of action and possible outcomes. |
| 3 | Identifies the possible courses of action and outcomes. |
| 2 | Identifies possible courses of action but misses some of the realistic options or possible outcomes. |
| 1 | Does not identify or assess possible courses of action or outcomes. |
| X | Not applicable. |
Trial and Litigation Management
- Representing the client effectively, including preparing, presenting, and organizing the case; and arguing persuasively in accordance with the procedures and etiquette of the forum, including the conduct of the court or administrative tribunal matters, in accordance with Law Society Rules.
| 5 | Effectively represents the client by developing a comprehensive case strategy that promotes the client’s interests and anticipates the opposing side’s response and strategy. Actively generates sound legal options and makes plausible recommendations to the lawyer. |
| 4 | Develops a case strategy that is focused on the client’s interests. Generates legal options, assesses them with the lawyer, and helps to formulate a plan considering the client’s interests and circumstances. |
| 3 | Develops a case theory that considers the client’s interests. Generates legal options and assesses them with the lawyer. |
| 2 | Develops a case strategy that does not take the client’s interets into consideration. Generates legal options for the lawyer. |
| 1 | Does not develop a legal strategy. Unable to generate legal options or recommendations. |
| X | Not applicable. |
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Prepare clients or witnesses for trial or other examination.
| 5 | Prepares the clients or witnesses under limited supervision. |
| 4 | Jointly prepares the clients or witnesses. |
| 3 | Participates in the preparation of clients or witnesses. |
| 2 | Observes the preparation of clients or witnesses. |
| 1 | Does not prepare the clients or witnesses for trial or other examination. |
| X | Not applicable. |
- Advocating in a non-adjudicative context. Preparing for and negotiating a matter on behalf of a client, including documenting a settlement and/or preparing for and representing or co-representing a client at a mediation
| 5 | Communicates the client’s position in a persuasive manner. Uses information received to determine areas of flexibility and develop effective strategies and solutions. Responds effectively to nonverbal cues from the other parties. |
| 4 | Communicates the client’s position in an articulate manner. Responds effectively to points raised by the other parties. |
| 3 | Communicates the client’s position in an organized manner. Listens to and conveys an understanding of points raised by the other parties. Demonstrates respect for the other parties. |
| 2 | Communicates inarticulately or does not address the other parties’ questions. Relies exclusively on an adversarial approach. |
| 1 | Communicates the client’s position in a disorganized manner. Demonstrates a lack of preparation, strategy, or awareness of the facts. Demonstrates disrespect towards the other parties (e.g., lateness, rude or unprofessional behaviour, sharp practice). |
| X | Not applicable. |
- Negotiating the resolution of a dispute or legal problem.
| 5 | Adapts the approach to changing circumstances during negotiations to advance the client’s position. Creates and presents negotiation strategy; encourages the client to consider factors not previously raised. |
| 4 | Articulates to the client the consequences (pros and cons) that may arise from the alternatives to a negotiated resolution of the issue. Provides recommendations regarding negotiations. |
| 3 | Understands the parties’ interests, develops reasonable options for resolution of the issue, and communicates them effectively. Identifies issues in preparation for negotiation. |
| 2 | Does not consider all available options for the resolution of the issue. Focuses exclusively on the parties’ positions without considering the parties’ interests. Performs basic file review in preparation for negotiation. |
| 1 | Arrives unprepared to discuss the issue. Possesses an incomplete or incorrect knowledge of the facts and/or law. Behaves in a manner that exacerbates the dispute or legal problem. |
| X | Not applicable. |
Conducting a motion, application, or simple hearing. Presents a well-reasoned and clear legal argument, analysis, and submissions; demeanour and body language convey confidence and knowledge of the case/materials.
| 5 | Presents the case in a clear, well structured, and persuasive manner. Responds to nonverbal cues from the adjudicator and answers questions from the adjudicator with ease. Demonstrates mastery of the case materials; projects confidence through stance, tone and pace and demonstrates mastery of the rules of procedure and decorum. |
| 4 | Presents the case in an articulate and structured manner. Responds effectively to questions from the adjudicator. Demonstrates familiarity with the case materials; projects an appropriate stance, tone and pace and demonstrates knowledge of the rules of procedure and decorum. |
| 3 | Presents the case in an organized manner but occasionally reads a prepared script. Understands questions from the adjudicator. Demonstrates an understanding of the case materials; stance, tone and pace suggest lack of confidence; demonstrates some knowledge of the rules of procedure and decorum. |
| 2 | Reads from a prepared scrip to present arguments; unable to answer questions from the adjudicator; stance, tone and pace suggest uncertainty; demonstrates limited knowledge of the rules of procedure and decorum. |
| 1 | Presents a confused and unclear argument; appears unfamiliar with the file materials; stance, tone and pace suggest lack of preparation or comprehension of the case; demonstrates no knowledge of the rules of procedure and decorum. |
| X | Not applicable. |