Getting exposure to litigation in Family Law.

[ls.ca]

Hi folks, 

I am a current 3L student and I'm looking to get some exposure to Family Law litigation. I'm articling in BigLaw next year but I'm currently taking Family and have tremendously enjoyed the content & complexity of the course; it's made me wonder whether a switch in the practice area is in order. My course load is lighter next semester and I'm hoping to fill 1-2 days a week in an environment where I can observe how the sausage is made and decide whether a change is worth it. 

I see two options for exposure: (1) Attend family court to observe motions/trials as a fly on the wall; (2) shadow or volunteer with a local firm/practitioner in a limited capacity (1-2 days/week).

I have tried doing some research on how to get the ball rolling on both of these options. I've struggled with getting complete information as I don't have any direct contacts with practitioners and, although I've tried researching how to attend court for family law matters, it does not appear that the family court is as open in my province (NS) as the criminal/civil courts.

Option 1 - attending family court on my own: In Nova Scotia, the weekly dockets in Civil/Criminal courts provide some details of what's going on, including the parties and their nature of appearance. They'll also indicate whether a publication ban is in place or if the matter is otherwise closed to the public. The Family court dockets provide no such detail (I'm assuming for privacy), and I suspect there are tighter controls on public access to the family courts even as a law student. I've also never tried attending court without being under the direct supervision/invitation of a lawyer who is appearing before the court (my visits have been for Criminal/Civil matters in Ontario). I'd prefer to avoid looking like a fool by just showing up and wasting people's time sorting out whether I'm allowed to be there. Questions: Does anyone have any advice on how I can sit in as a member of the public / as a law student registered with the local bar? Does anyone know if I can contact the court office to ask, or is this a waste of their time? Am I likely to have a hard time with being allowed to observe family law matters in court?

Option 2 - shadowing/volunteering for a local member of the Family bar: I've never tried cold-emailing a firm/practitioner to inquire about shadowing/volunteering and I feel more uncomfortable reaching out to firms in this capacity than I would looking for a job. I think the reason is because I know how much extra bandwidth it is for them and I'm not really providing them with anything in return (i.e. they don't get to collect billings on tasks I might do for them as a summer/articling student). If I were to "volunteer" for them, I know that there's an additional burden for them. I'm hoping to start reaching out to places in early December so that something is in place come January. Questions: Does anyone have advice or best practices for how I should structure a cold email of this nature?  Is there anything I can take initiative on out the gate to make things easier for a prospective firm to let me shadow/volunteer? Between shadowing/volunteering, which is more pragmatic for a practitioner to undertake?

I appreciate any advice or guidance, even if it's from another jurisdiction. Thanks all.

[legallybrown_]

I'm just an applicant, so please take this with a grain of salt, but if your law school has its version of Student Legal Services, they might have a family law division with whom you can volunteer with and gain some direct exposure. 

In terms of the options that you have presented, I feel like someone with more experience and information might be able to offer a better insight. Good luck! 🙂

[ls.ca]

@legallybrown_ RE: Student Legal Services at my Law School.

I appreciate the thought, but those opportunities have been full for quite some time. In our law school, students apply for those opportunities in the summer and offers are circulated before the school year begins. AFAIK this timeline is typical for other Canadian law schools.

I'm also looking for something more self-directed and flexible. Student Legal Aid files are not as complex, and when they are complex, they're almost always referred out. I want to see more of the latter. 

[SNAILS]

@ls.ca I think your ideas are unworkable in reality, I'm sorry. Your real options are:

(1) Withdrawn from the "Big Law" articling you have obtained and article with a family law firm (not recommended).

(2) Article with the BigLaw firm and keep your options open for what to do afterwards. You might love your job, get a hire back and never look back. Or you might make the switch the day you are called to the bar either by your choice or because you did not get a hire back. Either way, you'll have that BigLaw articling on your resume. 

I don't see where you'll find the time to go to family court 1-2 days per week. You need to focus on your studies in 3L, and then you'll be busy articling and with the bar exams. 

[Aurelius]

Family law practitioner here (from Ontario).

Be careful what you wish for. There is a reason why family law is not for the faint of heart. The hard part of practice isn't litigation or negotiation, but client management.

My suggestion is work with your local Pro Bono Students Chapter, volunteer there. Alternatively, you can see if your law firm has a family law department so you can connect with lawyers who have insights into family law.

The other suggestion is to reach out to family law clinics, see if there are volunteer opportunities available. Be mindful, clinical environment is very different from private practice environment.

[scooter]

2 hours ago, SNAILS said:

I think your ideas are unworkable in reality, I'm sorry.

I don't see anything "unworkable" about attending court once a week in 3L. What an odd thing to say

OP, to your question about attending court - You should be fine to just show up and watch. If it gives you some peace of mind, call the Family Division of the court in Halifax and ask how you can attend as a law student who is interested in observing. You won't be wasting their time - they get countless calls every day. Also, if the public is ever being excluded from a courtroom it should be obvious - signs on the doors, etc.

Most people in courthouses (i.e., the general public) have no idea what they're doing or where they're going, so no one is going to bat an eye if you're a little lost.

[GoatDuck]

2 hours ago, SNAILS said:

You need to focus on your studies in 3L

lol what