Building a practical toolbox with OsgoodePD’s Family Law Practice Skills

Around a decade ago, when Ontario’s most senior family law judges and lawyers began noticing a growing deficit in the skills of younger practitioners coming through the ranks, they knew exactly where to turn for help

“They came to OsgoodePD,” says Alison Hurst, Program Lawyer for the Osgoode Certificate in Family Law Practice Skills.

As the home of several successful skills-focused programs – including the legendary Intensive Trial Advocacy Workshop, now in its 46^th year – Osgoode has built a reputation as a leader in hands-on legal learning.

“Although we had the ITAW and skills programs in other areas, we hadn’t done anything in family law,” Hurst explains. “So we developed the program in consultation with the bar and court about what key skills newer lawyers need to develop in family law.”

Since the inaugural edition in 2019, the certificate program that emerged has evolved into an intensive 10-day course, with modules spread over three months.

Program Co-Director Julie K. Hannaford, explains that participants should expect to “learn by doing” in classes that employ a combination of interactive discussion-based lectures and practical skills workshops, with personalized feedback from senior family law judges, experienced counsel, and specially trained simulated clients.

“The idea is that you learn incrementally on a stepwise basis, beginning chronologically from the first point of contact with a client, all the way through to the conclusion of the file,” she says.

Hannaford has a long history with Osgoode. As an early graduate of the ITAW following her call to the bar in 1985, she later taught in the same program.

Now the president of family law boutique J K Hannaford Barristers, Hannaford learned her trade under the tutelage of lawyers at a large Bay Street firm, before launching her own family law boutique in 2006.

“I managed to get some good cases and learned some great things with great people,” she says.

Hannaford says the increasing demands of a family law practice have made it difficult for senior members of the bar to recreate the mentoring experience they got themselves as associates. However, the certificate program helps fill the gap, she adds, noting that she routinely sends her own trainees to take part.

“The earlier the better, because that’s how you help them form good habits, rather than have to deal with breaking ingrained bad habits,” Hannaford says. “They get to understand the ins and outs of an initial client intake interview, arguing a motion, drafting agreements and other things that they might miss in the hurly-burly of their own busy practices.”

According to Hannaford, one of the key features of the program involves simulated clients, developed with the help of legal education pioneer Paul Maharg – a scholar particularly renowned for his work in the field of technology-enhanced learning.

The clients are portrayed by a select group of professionals who are specially trained in specific family law scenarios and are also able to assess and provide feedback about student performance.

“For the initial client intake, participants get to try different interview skills and put on different interview faces in a safe space, without worrying about whether the person will actually retain them or not,” Hannaford says. “That kind of experience is truly worth its weight in gold.”

As they progress through the client’s case in subsequent modules, attendees build a full case file of materials covering each key stage of a family law matter.

“It’s an actual, usable toolbox consisting of sample retainer letters, roadmaps for intake, sample conference briefs, lists, memos and more, covering what you need to practice,” Hannaford says. “Melded with that, we have the senior lawyers and judges who come to the program to give some very focused critiques – as opposed to criticisms – that empower the participants, rather than discouraging them.”

Enrollment for the certificate is capped at 40 participants, contributing to an intimacy you might not expect from a continuing legal education program conducted entirely online. Those lucky enough to be admitted frequently get to know each other’s families and pets just as well as their cases and practice issues, according to Hannaford.   

“One of the issues for young lawyers hanging out their shingle, particularly in family law, is isolation,” Hannaford says. “Year after year, this program has contributed to the development of real relationships among all the participants, many of whom are coming back to work with us as faculty.”

“Not only is there a community among the students, but there’s also a lot of networking and support that goes on between alumni and faculty as they continue into practice,” Hurst adds. “It’s extremely unique to have this kind of cohort feel in a program like this.”

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