Entry-level barrister competencies

A. Ethical and professional responsibilities
Ethics and professionalism

B. Knowledge of the law: Ontario and federal legislation and case law
Jurisdiction and fundamentals
Limitation periods
Evidence
Principles of statutory interpretation
Public law
Criminal procedure
Family law
Civil litigation

C. Establishing and maintaining the barrister-client relationship
Identifying the client
Conflicts of interest
Interviewing principles
The retainer
Client communication

D. Problem/issue identification, analysis and assessment
Information gathering, case analysis and planning
Notice to affected parties
Theory of the case

E. Alternative dispute resolution (ADR)
ADR
Negotiation

F. Litigation process
Disclosure, production and discovery
Motions and interim proceedings
Trial or hearing preparation
Applications to court, judicial reviews and prerogative remedies
Conduct of the trial or hearing
Appeals
Post-disposition of matter 
 
G. Practice management issues  

A. Ethical and professional responsibilities

The Barrister acts ethically and professionally at all times in dealing with clients, colleagues, courts, tribunals and the public to effectively represent clients, maintain the standards of the profession and ensure public confidence in the legal system.

Ethics and Professionalism

1. Declines to act or seeks appropriate assistance and/or educational resources when the matter is beyond current abilities and knowledge (Section 3.1) (e.g., consults senior counsel, specialists, mentors, Law Society Practice Management Helpline).
2. Declines to act on matters that are incapable of performance.
3. Avoids or manages conflicts of interest (e.g., clarifies joint retainers, acting against a client, doing business with a client, borrowing from a client, acting for client with whom the lawyer has a personal or sexual relationship).
4. Charges fair and reasonable fees and disbursements, which are disclosed in a timely manner.
5. Fulfils duties relating to confidentiality (Section 3.3).
6. Obtains all necessary consents respecting disclosure (e.g., pursuant to relevant privacy legislation).
7. Delegates and supervises appropriately (Section 6.1 and By-Law 7.1).
8. Withdraws from representation only in compliance with the Rules of Professional Conduct (Section 3.7).
9. Fulfils all practice-related promises, undertakings and trust conditions, and does not make or accept promises, undertakings or trust conditions that cannot be fulfilled.
10. Does not engage in sharp practice (Rule 7.2-2).
11. Encourages public respect for and promotes the effective administration of justice.
12. Complies with requirements of the Law Society related to books and records (e.g., manages trust funds, preserves the client's property).
13. Fulfils all obligations to the court or tribunal under the rules and as an officer of the court or tribunal.
14. Does not become the tool or dupe of an unscrupulous client or persons associated with such a client (Rule 3.2-7).
15. Acts with integrity in dealings with others (e.g., clients, other lawyers, the Law Society, the court or tribunal, staff members, law students, the public).
16. Does not knowingly assist in or encourage any dishonesty, fraud, crime or illegal conduct (Rule 3.2-7).
17. Markets and advertises ethically and in accordance with the Rules of Professional Conduct.
18. Maintains appropriate professional relationships with lawyers, employees, students, clients and others (e.g., treats others with courtesy, civility and respect).
19. Respects human rights laws (e.g., does not engage in sexual harassment, discrimination or other human rights violations) (Section 6.3).
20. Respects the relationship of the opposing lawyer and their client (Section 7.2).
21. Identifies and fulfils any fiduciary obligations.
22. Fulfils obligations in cases of dishonesty and fraud when the client is an organization (Rule 3.2-8).
23. Complies with the cash transactions requirements of By-law 9.
24. Complies with duties with respect to unrepresented persons (Rule 7.2-9).
25. Recognizes how cultural differences may impact interactions between lawyers, paralegals, clients and others from diverse cultural groups.
26. Analyzes how cultural differences may impact interactions between lawyers, paralegals, clients and others from diverse cultural groups.
27. Adjusts perceptions and behaviours to respond to lawyers, paralegals, clients and others from diverse cultural groups.
28. Implements appropriate policies and practices that support the integration of cultural diversity, equality and inclusion into the practice of law.
29. Demonstrates knowledge of (i) the rights, legal interests and governing systems of Indigenous Peoples; (ii) the unique historical and ongoing challenges facing Indigenous Peoples and communities; (iii) the history of Indigenous–Crown relations; (iv) Treaties and Aboriginal Rights; (v) the United Nations Declaration on the Rights of Indigenous Peoples; and (vi) Indigenous law.
30. Demonstrates knowledge of the history and legacy of residential schools, and the issues created by specific legislation regarding Indigenous Peoples that the process of reconciliation seeks to address through the Truth and Reconciliation Commission of Canada's Calls to Action.
31. Recognizes the importance of a trauma-informed and anti-racist approach to the practice of law in relation to Indigenous clients.

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B. Knowledge of the law: Ontario and federal legislation and case law

The barrister knows and applies general and case-specific legal principles when acting as an advocate to effectively represent the client.

Jurisdiction and Fundamentals

32. Identifies the appropriate jurisdiction (e.g., federal/provincial, statutory/regulatory).
33. Identifies the appropriate forum.
34. Identifies issues related to the Canadian Charter of Rights and Freedoms.
35. Identifies issues related to the Constitution Act, 1867 (e.g., division of powers) and the Constitution Act, 1982.
36. Identifies issues related to Aboriginal Peoples' rights and interests.
37. Identifies issues related to linguistic rights.
38. Understands statutory law, and the principles and sources of common law.
39. Understands the various roles of counsel (e.g., commission counsel, tribunal, Crown prosecutor, others).

Limitation periods

40. Demonstrates an understanding of the Limitations Act, 2002.
41. Recognizes current and applicable timelines at the commencement of and during the course of the proceedings.
42. Demonstrates an awareness of statutory notice periods prior to commencing proceedings.

Evidence

43. Applies the appropriate statutory rules of evidence.
44. Applies the appropriate common law rules of evidence.
45. Demonstrates an understanding of different rules of evidence for various courts or tribunals.
46. Demonstrates an understanding of the types, methods of presentation and preservation of evidence.

Principles of statutory interpretation

47. Applies the principles of statutory interpretation.

Public law

48. Demonstrates an understanding of the Constitution Act, 1867 and Constitution Act, 1982 including the Canadian Charter of Rights and Freedoms and the related case law.
49. Demonstrates knowledge of the following primary public law statutes and related case law: a. Crown Liability and Proceedings Act; Crown Liability and Proceedings Act, 2019; and Public Authorities Protection Act.
50. Demonstrates knowledge of the following primary public law statutes and related case law: b. Federal Courts Act.
51. Demonstrates knowledge of the following primary public law statutes and related case law: c. human rights legislation.
52. Demonstrates knowledge of the following primary public law statutes and related case law: d. Judicial Review Procedure Act.
53. Demonstrates knowledge of the following primary public law statutes and related case law: e. Personal Information Protection and Electronic Documents Act.
54. Demonstrates knowledge of the following primary public law statutes and related case law: f. Statutory Powers Procedure Act.
55. Demonstrates knowledge of secondary public law, including the statutes and related case law (e.g., Access to Information Act; Accessibility for Ontarians with Disabilities Act, 2005; Competition Act; Employment Standards Act, 2000; Freedom of Information and Protection of Privacy Act; Immigration and Refugee Protection Act; Labour Relations Act, 1995; Ombudsman Act; Ontario Disability Support Program Act, 1997; Residential Tenancies Act, 2006).
56. Demonstrates an understanding of the basic principles of administrative law.
57. Demonstrates an understanding of practice before administrative tribunals.
58. Demonstrates an understanding of the review of federal and provincial administrative action (e.g., jurisdiction, practice and procedure).
59. Demonstrates an understanding of standing to sue or to apply for judicial review.
60. Demonstrates an understanding of appeals, judicial review and standards of review.
61. Demonstrates an understanding of civil procedure in Charter litigation, including appropriate notices to the Attorneys General.
62. Demonstrates an understanding of litigating Charter claims (i.e., legal, factual, evidentiary and procedural foundations).
63. Demonstrates an understanding of Charter remedies.
64. Demonstrates an understanding of issues affecting Indigenous Peoples in the public law context.

Criminal procedure

65. Demonstrates knowledge of criminal law and criminal procedure, including the following statutes and related case law: a. Constitution Act, 1867 and Constitution Act, 1982, including the Canadian Charter of Rights and Freedoms.
66. Demonstrates knowledge of criminal law and criminal procedure, including the following statutes and related case law: b. Controlled Drugs and Substances Act and Regulations.
67. Demonstrates knowledge of criminal law and criminal procedure, including the following statutes and related case law: c. Criminal Code.
68. Demonstrates knowledge of criminal law and criminal procedure, including the following statutes and related case law: d. rules of procedure for each level of court (Criminal Code, Section 484).
69. Demonstrates knowledge of criminal law and criminal procedure, including the following statutes and related case law: e. Youth Criminal Justice Act.
70. Demonstrates knowledge of related criminal procedure and provincial regulatory law, including statutes and case law (e.g., Highway Traffic Act; Provincial Offences Act).
71. Demonstrates an awareness of post-sentence applications (e.g., Criminal Records Act; Criminal Code, Sections 113, 732.2, 733, 734.3, 742.5).
72. Demonstrates an understanding of the interrelationship between criminal law consequences, and other rights and privileges (e.g., family and immigration).
73. Demonstrates an understanding of professional responsibilities in criminal practice (e.g., duty to the client, duty to the court).
74. Demonstrates an understanding of the role of the police, duty counsel and the Crown in the judicial system.
75. Demonstrates an understanding of the classification of offences and trial jurisdiction.
76. Demonstrates an understanding of investigative powers (e.g., search and seizure, investigation, and questioning of suspects).
77. Demonstrates an understanding of judicial interim release and bail review procedures.
78. Demonstrates an understanding of conditional sentence order breach allegation procedures (Criminal Code, Section 742.6).
79. Demonstrates an understanding of Crown disclosure obligations and third-party production.
80. Considers disclosure obligations on defence counsel regarding alibi defence and expert witnesses (Criminal Code, Section 657.3).
81. Demonstrates an understanding of pre-trial conferences.
82. Demonstrates an understanding of the various rules of courts.
83. Demonstrates an awareness of diversion, and peace bond options and procedures.
84. Demonstrates an understanding of pleas and their potential consequences (Criminal Code, Subsection 606(1)).
85. Demonstrates an understanding of the preliminary inquiry.
86. Demonstrates an understanding of compelling witnesses.
87. Demonstrates an understanding of pre-trial applications in criminal proceedings.
88. Demonstrates an understanding of representing clients with mental health issues.
89. Demonstrates an understanding of the criminal trial process.
90. Demonstrates an understanding of sentencing and ancillary orders.
91. Demonstrates an understanding of appeals and bail pending appeals.
92. Demonstrates an understanding of the criminal justice system as it relates to Indigenous Peoples.
93. Demonstrates an understanding of equity and diversity, and the criminal justice system (e.g., racial profiling, jury selection, language rights).
94. Demonstrates an understanding of the elements of an offence.
95. Demonstrates an understanding of the onus and burden of proof at each stage of the proceeding.
96. Demonstrates an awareness of the availability of post-appellate remedies (Criminal Code, Section 696.1).

Family law

97. Demonstrates knowledge of primary family law, including the following legislation and related case law: a. Child, Youth and Family Services Act, 2017.
98. Demonstrates knowledge of primary family law, including the following legislation and related case law: b. Children's Law Reform Act.
99. Demonstrates knowledge of primary family law, including the following legislation and related case law: c. Divorce Act.
100. Demonstrates knowledge of primary family law, including the following legislation and related case law: d. Family Law Act.
101. Demonstrates knowledge of secondary family law, including the statutes and related regulations and case law (e.g., Change of Name Act; Family Responsibility and Support Arrears Enforcement Act, 1996; Income Tax Act (Federal); Indian Act; Marriage Act; Ontario Disability Support Program Act, 1997; Ontario Works Act, 1997; Partition Act; Pension Benefits Act; Pension Benefits Division Act; Succession Law Reform Act).
102. Demonstrates an understanding of the conduct of an application or a motion to change in family law proceedings.
103. Demonstrates an understanding of the Family Law Rules.
104. Demonstrates an understanding of custody and access, and the enforcement of a custody order.
105. Demonstrates an understanding of the law relating to matrimonial property.
106. Demonstrates an understanding of the law relating to spousal support.
107. Demonstrates an understanding of the law relating to child support.
108. Demonstrates an understanding of the law relating to cohabitation.
109. Demonstrates an understanding of financial disclosure in family law matters.
110. Demonstrates an understanding of the enforcement of support orders and the role of the Family Responsibility Office.
111. Demonstrates an understanding of tax principles in family law.
112. Demonstrates an understanding of domestic contracts.
113. Demonstrates an understanding of representing clients who have been exposed to violence or are accused of perpetrating violence.
114. Demonstrates an understanding of child protection law.
115. Demonstrates an understanding of issues affecting Indigenous Peoples in the family law context.
116. Demonstrates an understanding of the role of The Office of the Children's Lawyer in the family law context.
117. Demonstrates knowledge of the interrelationship of family law consequences and other areas of the law (e.g., criminal, real estate).
118. Demonstrates an understanding of appeals under the Family Law Rules and the Rules of Civil Procedure.
119. Demonstrates an understanding of the need for valuation of specific assets.
120. Demonstrates an understanding of the requirements of a family law trial for the filing of updated financial statements and net family property statements.
121. Demonstrates an understanding of capacity and parties diminished capacity in the family law context.

Civil litigation

122. Demonstrates an understanding of the Rules of Civil Procedure.
123. Demonstrates an understanding of the jurisdiction of the courts of Ontario (e.g., monetary or subject-specific matters-Commercial List and/or Estates List).
124. Demonstrates an understanding of capacity and parties under disability in the civil litigation context.
125. Demonstrates an understanding of the roles of The Office of the Children's Lawyer, and the Public Guardian and Trustee in the civil litigation context.
126. Demonstrates an understanding of the procedural issues relevant to estates and trusts law litigation.
127. Demonstrates an understanding of parties (i.e., persons or entities who can sue and be sued) and joinder.
128. Demonstrates an understanding of originating processes.
129. Demonstrates an understanding of service of documents.
130. Demonstrates an understanding of the law of remedies.
131. Demonstrates an understanding of pleadings (e.g., content, time for delivery, form of pleadings, purpose of pleadings).
132. Demonstrates an understanding of disposition without full trial (e.g., summary judgment, determination of an issue before trial).
133. Demonstrates an understanding of subsidiary claims (e.g., counterclaims, crossclaims, third-party claims).
134. Demonstrates an understanding of the use of, and consequences associated with, interlocutory proceedings.
135. Demonstrates an understanding of discovery, including the discovery plan and the principle of proportionality.
136. Demonstrates an understanding of offers to settle and cost consequences.
137. Demonstrates an understanding of pre-trial conferences and case management, where applicable.
138. Demonstrates an understanding of the simplified procedure.
139. Demonstrates an understanding of the enforcement of judgments (e.g., examination in aid of execution, writs of seizure and sale, garnishment).
140. Adheres to the implied undertaking rule.
141. Adheres to the Sedona Canada Principles Addressing Electronic Discovery.

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C. Establishing and maintaining the barrister-client relationship

The barrister determines the ability to act for a prospective client, negotiates a retainer agreement, obtains instructions, and communicates effectively in order to define and achieve the client’s objectives.

Identifying the client

142. Takes appropriate steps to determine who the client is and the client's role (e.g., multiple parties, spouses/family members, business partners, trustee vs. beneficiary, officers/directors/shareholders vs. corporation, authority to bind and give instructions).
143. Takes appropriate steps to avoid problems associated with phantom clients (e.g., non-engagement letters).
144. Complies with the Law Society's client identification and verification requirements.
145. Attempts to identify whether a potential client is a front for a fraudulent scheme.

Conflicts of Interest

146. Uses a conflicts of interest checking system.
147. Identifies potential conflicts of interest before acquiring confidential information.
148. Takes appropriate action in situations where a potential conflict of interest is identified (e.g., refers out for independent legal advice, declines to act, discloses the conflict to the client and obtains consent, establishes reasonable measures to ensure non-disclosure of confidential information, advises the client of the consequences in the event the potential conflict materializes, documents the steps taken when a potential conflict of interest has been identified, properly withdraws).

Interviewing principles

149. Determines the client's goals, objectives and expectations.
150. Makes an initial assessment of whether the client's goals, objectives and expectations can be met ethically through legal processes.
151. Asks questions to determine whether the client is capable of giving instructions (e.g., mental capacity, authority, duress, undue influence).
152. Considers confidentiality, privacy and privilege issues related to third parties present during interviews.

The retainer

153. Establishes the scope of the retainer or confirms the absence of a retainer.
154. Identifies the instructing client (i.e., who has the authority to provide instructions).
155. Confirms the actions to be taken by the lawyer and the client(s) in the retainer.
156. Sets out and explains the basis for fees and disbursements in the retainer (e.g., rates for various personnel performing the work, hourly vs. alternative rates, periodic rate increases, contingency arrangements).
157. Outlines any delegation of responsibilities in the retainer.
158. Confirms the acceptable forms of client communication in the retainer.
159. Addresses confidentiality and privacy issues in the retainer.
160. Addresses conflicts of interest issues in a joint retainer (e.g., termination, confidentiality, consent).
161. Addresses termination issues in the retainer (e.g., non-payment of fees, no instructions, loss of confidence, conflicts of interest).
162. Confirms, in writing, any limitations to the retainer.
163. Obtains a monetary retainer as appropriate.
164. Confirms, in writing where appropriate, changes to the retainer.
165. Demonstrates familiarity with referral fees and splitting fees.
166. Demonstrates familiarity with Legal Aid Ontario retainer requirements.
167. Completes all obligations under the retainer.
168. Demonstrates an awareness and understanding of the rules pertaining to limited scope retainers.

Client communication

169. Communicates with clients in a timely and effective manner (Section 3.1) (e.g., returns messages in a timely manner, copies the client on correspondence as appropriate, advises on developments).
170. Manages and updates the client's expectations with respect to timeframes, results and costs.
171. Recognizes and is sensitive to clients' circumstances, special needs and intellectual capacity (e.g., diversity, language, illiteracy, socioeconomic status, disability, health).
172. Explains to clients the risk of communicating the details of the case by means of electronic media.
173. Maintains an electronic or written record for each matter for which the lawyer is retained.
174. Establishes reasonable and effective means of communication for dealing with difficult clients.
175. Considers and communicates to the client the costs and consequences of various courses of action.
176. Recommends and obtains instructions from the client regarding the most effective tools to achieve desired results.

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D. Problem/issue identification, analysis and assessment

The barrister identifies the client’s problem and goals and the relevant factual and legal issues, obtains and analyzes information, and generates options and recommendations to develop a theory of the case and a litigation strategy.

Information gathering, case analysis and planning

177. Identifies, obtains and reviews relevant facts and documents.
178. Recognizes urgency and takes emergency steps where necessary.
179. Reviews relevant facts and documents.
180. Identifies the relevant factual and legal issues.
181. Identifies and obtains additional information and/or resources as needed.
182. Conducts or delegates research and investigations related to the matter as appropriate.
183. Complies with all privacy legislation when gathering information.
184. Identifies and uses appropriate research sources.
185. Seeks assistance during planning as appropriate.
186. Manages preparation time appropriately.

Notice to affected parties

187. Identifies those who may be entitled to notice of the proceedings (e.g., by statute, common law, contract or type of relief sought) and provides appropriate notice.

Theory of the case

188. Develops an informed theory of the case based on the lawyer's assessment of the facts and law.
189. Reassesses the theory as the case evolves.
190. Develops an appropriate plan and strategies in consultation with the client to achieve desired results.
191. Properly identifies and gathers the evidence required to establish the theory of the case.

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E. Alternative Dispute Resolution (ADR)

The barrister identifies opportunities for and, when appropriate, engages in negotiation and dispute resolution processes to achieve early and cost-effective resolution of a client’s dispute other than through litigation.

ADR

192. Determines whether alternative dispute resolution is mandatory or appropriate.
193. Obtains instructions concerning alternative dispute resolution.
194. Addresses potential power imbalances in alternate dispute resolution.
195. Documents all outcomes resulting from alternate dispute resolution.
196. Prepares the client for alternative dispute resolution.
197. Demonstrates an understanding of various dispute resolution processes.
198. Identifies remedies that may be uniquely available through alternate dispute resolution.
199. Explains to the client the potential consequences of using or not using various methods of alternative dispute resolution.
200. Applies appropriate strategies and tactics during alternate dispute resolution.

Negotiation

201. Demonstrates an understanding that negotiation is an integral part of the conduct of the matter from inception to completion.
202. Identifies disputed vs. undisputed issues.
203. Identifies issues that can be negotiated.
204. Prepares the client for negotiation.
205. Uses principles of effective negotiation.

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F. Litigation process

The barrister initiates and/or responds to litigation proceedings as appropriate by drafting required documents, taking necessary preliminary steps, preparing for and conducting all stages of the proceeding, seeking appropriate remedies, and initiating appellate proceedings where appropriate in order to effectively represent the client.

Disclosure, production and discovery

206. Demonstrates an understanding of applicable document disclosure and discovery requirements.
207. Obtains or provides timely disclosure, production or discovery.
208. Advises the client of disclosure obligations (e.g., full and complete disclosure, ensuring the preservation of relevant evidence for disclosure, knowledge of privilege issues).
209. Prepares for the conduct of any discovery process (e.g., preliminary inquiry, examination for discovery).
210. Prepares the client for any discovery process.
211. Takes appropriate steps to enforce disclosure and discovery rights.
212. Demonstrates awareness of the requirements for redaction.

Motions and interim proceedings

213. Considers means of resolving procedural issues by agreement to avoid a motion.
214. Demonstrates awareness of the availability and merits of interim relief.
215. Advises clients of the costs and other consequences associated with a motion.

Trial or hearing preparation

216. Meets required timelines for trial or hearing.
217. Determines the evidence required to support the theory of the case.
218. Gathers evidence.
219. Considers decision-maker (e.g., judge or jury).
220. Obtains discovery or other relevant transcripts.
221. Reviews relevant transcripts.
222. Organizes trial or hearing documents.
223. Determines the evidence to be presented.
224. Demonstrates an understanding of the use and requirements of expert evidence.
225. Identifies the order of the evidence to be presented.
226. Demonstrates an understanding of requests to admit and admissions.
227. Demonstrates an understanding of any notice and delivery requirements for specific documentary evidence (e.g., business records, medical and other expert reports).
228. Demonstrates an understanding of the Rules of Professional Conduct related to a lawyer who is acting as an advocate or as a witness.
229. Demonstrates an understanding of the Rules of Professional Conduct related to communicating with witnesses.
230. Complies with the Rules of Professional Conduct related to communications with a represented person, corporation or organization.
231. Demonstrates an understanding of the law of costs.
232. Demonstrates an understanding of the purpose and proper form of an examination-in-chief.
233. Prepares own witnesses for examination.
234. Ensures the attendance of witnesses (e.g., subpoena/summons to witness).
235. Demonstrates an understanding of the purpose and proper form of cross-examination.
236. Prepares for cross-examination of witnesses of other parties.
237. Demonstrates an understanding of the purpose and proper form of re-examination.
238. Prepares any applications for relief under the Charter, and service on the Crown and other required parties.
239. Anticipates and prepares objections and possible motions.
240. Considers issues of admissibility of evidence.
241. Prepares submissions on costs.
242. Prepares submissions on penalties, remedies or disposition, where applicable.
243. Complies with the time requirements for filing pre-trial or pre-hearing materials.
244. Complies with applicable practice directions of the courts.
245. Understands the different requirements of effective opening and closing statements before a judge or a jury.
246. Demonstrates an understanding of the law relating to the cause of action.
247. Demonstrates an understanding of the onus and burden of proof at each stage.

Applications to Court, judicial review and prerogative remedies

248. Demonstrates an understanding of the rules and requirements for applications, judicial review, prerogative remedies and constitutional remedies.
249. Considers whether applications, judicial review, prerogative remedies and constitutional remedies are available and warranted.
250. Meets applicable timelines for applications, judicial review, prerogative remedies and notices of constitutional question.
251. Reviews the merits of applications, judicial review, constitutional remedies and prerogative remedies with the client.
252. Ensures applications, judicial review, constitutional remedies and prerogative remedies are brought in the proper forum.
253. Prepares all the necessary documents for the conduct of applications, judicial review, constitutional remedies and prerogative remedies.
254. Demonstrates an understanding of the costs principles relating to applications, judicial review, constitutional remedies and prerogative remedies, where available and appropriate.
255. Prepares and conducts any necessary examinations.

Conduct of the trial or hearing

256. Deals with any preliminary matters.
257. Presents evidence to support the theory of the case.
258. Determines whether to call a particular witness.
259. Conducts cross-examination appropriately and in accordance with relevant case law.
260. Conducts re-examination as appropriate and permitted.
261. Presents reply evidence, if appropriate.
262. Presents admissions effectively.
263. Initiates and responds to motions as appropriate.
264. Raises and responds to objections appropriately on the record.
265. Revises litigation strategy as necessary.
266. Maintains civility during the conduct of the trial.
267. Considers and establishes an adequate record for the purpose of submissions or appellate review.

Appeals

268. Demonstrates an understanding of the rules and requirements for an appeal, including leave.
269. Considers whether an appeal is necessary.
270. Meets the required steps and timelines for appeals.
271. Reviews the merits and consequences of an appeal with the client.
272. Obtains client instructions regarding appeals.
273. Ensures appeals are brought in the proper forum.
274. Obtains and prepares all the necessary evidence and documents for the conduct of an appeal.
275. Demonstrates an understanding of the costs principles relating to an appeal.
276. Demonstrates awareness of the procedure to file a notice of appeal in the name of the client to preserve appellate rights.
277. Demonstrates awareness of the availability of settlement conferences and the ongoing availability of dispute resolution in appeals.
278. Demonstrates an awareness of the availability or necessity of a stay and or release pending appeal.

Post-disposition of matter

279. Ensures the matter has been completed and documented appropriately in accordance with the disposition (e.g., minutes of settlement, judgment/order issued and entered, final releases, dismissal order).
280. Provides final reports and accounting to clients.
281. Conducts a final review of the file prior to closing the file.
282. Retains or returns file documentation and electronic data appropriately.

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G. Practice management issues

The barrister uses appropriate policies, systems and practices to meet the file and time management, documentation, payment, professional development and contingency planning obligations associated with managing a practice.

283. Demonstrates an understanding of the requirements of non-monetary security for fees.
284. Demonstrates an understanding of the appropriate use and limitations of solicitor's liens and charging orders.
285. Makes appropriate arrangements for practice absences.
286. Makes appropriate arrangements through powers of attorney and/or otherwise for succession/contingency planning (e.g., death, disability, business interruption, disaster).
287. Transfers files appropriately to another lawyer on discharge (Rule 3.7).
288. Demonstrates an awareness of the ongoing costs of managing a practice.
289. Possesses appropriate practice-related equipment and licensed software.
290. Meets obligations to file required documentation with, and pay fees and levies to, the Law Society and LawPRO.
291. Develops and follows policies regarding the retention and destruction of files.
292. Maintains a file management system.
293. Complies with Continuing Professional Development requirements.
294. Develops and maintains time-planning and reminder systems, and time-docketing or recording systems.

(Revised April 8, 2022, with competencies 29 to 31 coming into effect beginning with the summer 2022 licensing examination.)