Monthly Archives: September 2008

For the Curious: How to Get into a Law School

Posted in: "All by Admin | No Comments Thursday, September 4, 2008

I recently spoke to a few high school students who are interested in becoming lawyers. I told them that to be eligible for the bar admission course in Ontario, you must have an undergraduate degree from an accredited law school. I’d like to share with you now how to get into a law school.

High School

It doesn’t matter what you take in high school; the bottom line is that you need to have decent enough marks to be accepted into an university (and not a college!)

I recommend that you take English seriously, whether they are a native tongue or not.

Mathematics and sciences should not be neglected in high school because logic is an important part of the law.

University

You need at least two years of regular university to be eligible for admission to a law school. (For U of T Law, you need at least three years.)

While a degree is not necessary, most students choose to finish their degree before entering law school. The extra 1 or 2 years (depending on your degree) of academic experience will also improve your skills in time management and exam preparation.

It’s true that there is no “pre-law” curriculum required for law school.

However, I recommend at least one philosophy course, in addition to any other classes that you are interested in. Regardless of the specialization that you choose, you should aim to become a critical thinker.

While it’s important to have good marks, I also encourage you to participate broadly in extracurricular activities, such as involvement in student government, sports, and other student organizations. Many law schools nowadays prefer students with diverse experiences and strong leadership skills.

LSAT

The Law School Admission Test, or LSAT, is mandatory when applying to law school. The higher you score on the LSAT, the better your chance of being accepted to a law school.

Your LSAT score reflects how well you’ve done on the test in comparison with others. The absolute high score is 180, while the lowest possible score is 120.

You’ll have a decent chance of admission to a law school in Canada if you can score above 160; if you can score above 175, you may even get accepted into Harvard or Yale. You may take the LSAT as many times as you wish. However, some schools take your averaged LSAT score; others consider only your best.

In my opinion, the best way to get a high score on the LSAT is to practise. There’s no need to enroll in expensive prep-school; you’ll do just fine with plenty of solitary practice.

Rather than practising on mock exams, I suggest you consider buying past exams from the LSAC (Law School Admission Council).  Although the authentic exams are not cheap, they’re a very good investment. Past exams gives you an authentic taste of the speed and skills you’ll to excel.

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Tips for Witnesses

Posted in: "All by Admin | No Comments Tuesday, September 2, 2008

Tomorrow I have two hearings scheduled, and I will be conducting examinations-in-chief and cross-examinations to witnesses. I’d like to take this opportunity to give my readers a few tips about being witnesses.

First of all, if you are ordered to appear before a court or a tribunal, you must show up on time. In criminal hearings, a subpoena is issued; in civil ones, a summon. If you do not appear as ordered, a bench warrant may be issued for your arrest. You may then be found in contempt of court, and may face a fine or jail time, or both. Depending on the type of hearing you are attending, you may want to arrive early for the security check.

Besides being punctual, you should dress conservatively. Many lawyers tell their client to dress as if they were going to a funeral; I don’t think that’s far off the mark. I tell my clients to dress as if they were going to an interview for a job that they really want. By dressing properly, you show your respect to the court, and are likely to be taken more seriously.

On the witness stand, you give your testimony by answering the counsel’s questions.

In examination-in-chief, you answer open-ended questions as if you were telling a story; in cross-examination, you answer leading questions by answering yes or not. However, this methodology is not carved in stone. If you feel you need to explain your answers, you may do so, even in cross-examination. The counsel, unlike in the movies, may not stop you from explaining your answer if your explanation is relevant to the question.

Perhaps most importantly, you need to pay attention to what is being asked. In my experience, many witnesses go off track giving irrelevant answers because they aren’t paying attention to what has been asked. By going off track, you not only waste valuable court time, but also distract the court’s attention from the case.

You give your testimony under oath or affirmation. As such, you must tell the truth to the best of your recollection.

If you’re not sure what you’re being asked, ask for clarification. If you need some time to think, take a sip of water and pause for a minute. The worst thing you can do when testifying is to rush into an answer that is not true. A false statement spreads like a virus, and soon your entire testimony will be contaminated. Once you are caught giving inconsistent statements, you lose your credibility entirely. You may also face perjury charges if your answer is patently false or misleading.

Being a witness can be stressful and overwhelming. If you’re preparing to be a witness, I hope the tips above help you alleviate some of the anxiety you may encounter.

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Not My Job! (or Is It?)

Posted in: "All by Admin | No Comments Monday, September 1, 2008

(Please be advised that this article is not legal advise, and may not be relied on as such.)

Today I want to talk about getting new assignments at work. I’m sure many of you have faced new assignments at work that you didn’t bargain for. What exactly are your rights in law?

Let’s assume that you signed an employment contract clearly stating that your job-duty is to do Task A. Now your boss walks in and demands you start doing Task B, which is completely unrelated to your old job Task A. Do you have to do it?

Let’s start from the easiest scenario. Your boss offers you a promotion for doing Task B. If you agree to the promotion and start doing Task B, then you have agreed to a new contract. No problem.

But what if Task B comes without change for your pay and benefits? What if it even comes with a demotion? Do you have to accept it?

According to the Ontario Court of Appeal in the recent case of Wronko v. Western Inventory Services Ltd. (2008) 90 O.R. (3d) 547, you actually have three options:

Option #1:

You can accept the change in order to keep your job. By accepting the change, you form a new contract with your employer in law, and cannot then change your mind later on and ask for remedies.

Option #2:

You can reject the change, quit the job, and sue for damages. In law, the employer breaches the old contract by requiring you to do Task B instead of Task A; you are therefore entitled to damages as a result of the breach.

Option #3:

You can reject the change, and still keep working for your employer. When you do so, your employer can terminate the (old) contract and offer to re-hire you on the new terms.

The employer, upon terminating the old contract, is obliged to give notice of termination. After the termination, if you agree to be rehired, then the new terms will be binding.

On the other hand, if your employer does not insist on imposing Task B on you, there is no new contract. Your duty remains unchanged, and the new terms are not binding.

One thing to keep in mind is that, when terminating an employee, the employer has a duty to treat the employee fairly and with dignity. If the employer’s conduct is humiliating or unreasonably harsh, the employee may be entitled to additional damages.

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