ARTICLE
13 September 2024

Navigating The Unexpected: My Summer In Estate Litigation At Casey And Moss LLP

CM
Casey & Moss LLP

Contributor

Casey & Moss LLP is a Toronto based law firm focused exclusively on estate, trust and capacity litigation, as well as estate administration. We assist our clients with the legal ramifications of incapacitating illnesses, death, and dying.
When I first told friends, family, and even my hairdresser that I'd be spending my summer working in the field of Estate Litigation, the response was often a puzzled, "Why Estates?" In fact, some even threw in the casual...
Canada Litigation, Mediation & Arbitration

When I first told friends, family, and even my hairdresser that I'd be spending my summer working in the field of Estate Litigation, the response was often a puzzled, "Why Estates?" In fact, some even threw in the casual "Have you considered corporate? They make so much money."

My usual response was that I'm quite confident about my decision.

I really enjoyed Wills and Estates in law school, I did reasonably well in my Civil Procedure class, and I also had some personal experiences that sparked my interest in Estates Lit. Plus, as an avid fan of reality TV shows centered on family drama, how could I resist?

But, in reality, I was a bit anxious and unsure of what to expect – was it too early to jump into such a niche field of law? Was I really limiting myself, or conversely, was I biting off more than I could chew by working in an area that required such specific expertise?

Now, as the summer work term comes to an end, I'm happy to report that all these minor anxieties were based on misleading perceptions about what the field of Estates Lit was all about. Having spent nearly four months in this work, I am now even more confident in my decision to pursue it as a career.


For all my fellow anxious law students exploring career options, here's why Estates Litigation is so awesome:

1) It's a Surprisingly Comprehensive Practice

There's no denying that Estates Lit requires a specific set of skills and knowledge that can only be acquired through experience in the field. The practice of Estates Lit itself, however, is not nearly as niche as people may think. This summer taught me just how expansive and multifaceted this filed is, as our cases regularly drew on family law, tax law, real estate, and even some corporate/commercial law considerations.

In reading email exchanges on these files, I noticed that estates lawyers rarely handle purely estate issues, and that they must constantly consider how the matter at hand could impact other non-estates aspects of a client's life. To really excel in Estates Lit, you will likely need to be familiar with (or at least have a well-established network of professionals in) various areas of law.

2) Quick Thinking and Creative Problem-Solving

What truly captivated me about Estate Litigation was the creativity and nuance required in its practice.

As I sat in on mediations, hearings, and even client calls, I watched and listened to lawyers think on their feet, sifting through a range of reasonable alternatives to find the best solution. Nine times out of ten, the lawyers had to manage delivering accurate legal advice under tight time constraints, all while navigating the emotionally charged atmosphere that often accompanies estates disputes.

At first, it was daunting to witness how effortlessly they managed these challenges, but as the summer progressed, I began to understand the skill and dedication that underpinned their success, discussed in point 3 below.

3) A Commitment to Growth and Learning

One of the most valuable lessons I learned this summer is that Estate Litigation is anything but

stagnant, and the skills required to excel in it are ever-evolving. The lawyers at our firm routinely committed to advancing their knowledge and skills, some by attending Ontario Bar Association seminars, others by engaging in lively LinkedIn discussions about the latest developments in the law, and many by continuing their education via specialized courses and certifications that enhanced their Estates Lit expertise.

This commitment to continual learning showed me that even the most experienced associates and partners in the field of estates remain students of the law—a key trait of the truly great practitioners.

4) Making a Real Impact

Before this summer, I hadn't fully grasped the profound impact that Estate Litigation can have on clients. Yes, all litigation can be costly and stressful, but Estate Litigation carries the added weight of emotional histories, close relationships, and family dynamics.

The disputes often revolve around items of significant sentimental value or deeply personal matters, making the stakes feel incredibly high. It was here that I saw the true power of this field: the ability to help clients navigate some of the challenging and emotionally fraught moments of their lives. The satisfaction of knowing that our work could bring resolution and peace of mind to these individuals was incredibly rewarding.

5) The People are Great!

When interviewing for this position, I was told that the Estates bar is known for being very friendly, and my summer experience truly was a true reflection of this statement. I recognize that what made my work so enjoyable wasn't just the nature of the legal issues or the files, but rather the people I worked with and learned from.

No field of law exists in a vacuum – if you take a course in Tax Law, knowing you hate all things tax, but happen to be taught that course by a stellar professor, you may find yourself considering a career in tax. This may have been what happened in my case. I got to learn about Estates Lit from a team of colleagues who cared about mentorship and collegiality, which is how I found myself excited to come into work every day.

For all of these reasons, I absolutely cannot to return next summer to complete my articles at a great firm, in a great field of law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More