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What type of lawyer goes to court often for work?


Jean-Ralphio Saperstein

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Jean-Ralphio Saperstein
  • Law Student

As a law school admit, I'm interested in looking into the various kinds of lawyers.

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15 minutes ago, Jean-Ralphio Saperstein said:

As a law school admit, I'm interested in looking into the various kinds of lawyers.

In the broadest possible terms, there are two types of litigation in the Canadian common law system: criminal and civil. Criminal lawyers are in court the most often. But civil has so many different subsets, including both public law (like human rights, labour, various regulatory decisionmakers, applications to the government) and private law (disputes between people and/or businesses) that it's hard to group them all together in terms of day-to-day practice. For instance, labour litigators rarely go to court. But many argue before Boards and arbitrators on a very regular basis. Lots of other civil litigators almost never go to trial, but they're still frequently in court to argue smaller procedural matters. 

Edited by realpseudonym
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As an employment lawyer, I only ever went to actual court once (that was the only time I used my robes, other than the call to the bar) but I went to various administrative tribunals (and small claims court, so no robes) to argue cases all the time. In my last job I had 60+ hearing days most years, which is not nearly as much as most criminal lawyers, but a lot for a corporate type like me.

Doing on your feet litigation is definitely not limited to court appearances.

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If you want court time, get into criminal law. It's an extraordinarily rare criminal lawyer who isn't in court on the regular (for example, a practice focusing on Appellate work is more drafting and research and far less court time).

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If going to court is the most important thing for you, criminal law will definitely be your thing. But since you are not even yet in law school, I would go to a bunch of those seminars that they will inevitably put on for you next year, listen to a bunch of lawyers talk about what they actually do (take it with a small grain of salt, as they will talk about the most exciting aspects, not necessarily the full day-to-day) and think about what you want out of a career.

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Aureliuse
  • Lawyer

Family law lawyers litigate often, especially if you work for a children's aid society.

A lot of high conflict files end up in court. You get lots of opportunities to argue motions, run trials, even do appeals from time to time. However, much of your practice depends on how much your client can afford. Not everyone can afford a trial.

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Lawstudents20202020
  • Lawyer

Family lawyer here, my legal aid files have me in provincial court and chambers fairly frequently. Definitely not at the level of a crim law lawyer but I do know other family lawyers that are in court almost every single week. 

I don't do a ton of private retainer work but those end up in court significantly less. Usually once both me and OC have told our clients how much money it will cost to go to trial, the parties get way more reasonable. 

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  • 2 weeks later...
TheLawyer
  • Lawyer

Family and criminal go to court most often.

If you are in civil litigation you will get to court relatively often, but less compared to family and criminal, depending on your practice. You may also appear before various Tribunals depending on your practice. 

Almost everything is on zoom now so despite appearing in court for the last two years I have not stepped inside a courtroom and I'm usually wearing shorts, which I must say is much more comfortable compared to the robes stashed in the back of my closet. 

Edited by TheLawyer
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bruh
  • Law Student

Maybe hijacking the thread a little bit but I'm curious about what kind of lawyers don't go to court all that often/at all?

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PzabbytheLawyer
  • Lawyer
1 hour ago, bruh said:

Maybe hijacking the thread a little bit but I'm curious about what kind of lawyers don't go to court all that often/at all?

Solicitors almost never do.

Certain kinds of litigators rarely do. 

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