When Your Client Asks About This Jordan Guy

This panel will address the substantial changes, uncertainties, and emerging trends in the law of unreasonable delay in the past year in the wake of the Supreme Court’s 2016 decision in Jordan.  Considerations of when an 11(b) application should be brought, effective file and practice management strategies to avoid delay being characterized as “defence” delay, effective advocacy techniques to protect the record for 11(b) applications, putting together an effective record on 11(b) applications, and effective argument of 11(b) applications will be explored. 

Professionalism topics to be addressed include:

• Duty of competency – duty to be aware of significant and ongoing developments in this area of the law with potential significant impact on all clients’ rights and the need to adapt one’s litigation management practices to conform with these developments in the law in order to effectively protect our clients’ rights and resolutely defend them (Applicable Rules: 3.1-1(a), (c), (k), 3.1-2)
• Practice management – using effective time management strategies to minimize defence-caused delay on a file (Applicable Rules: 3.1-1(i))
• Ethical advocacy – dealing with opposing counsel with civility and working collaboratively to move a case forward with all due dispatch in accordance with ethical duties and expectations pursuant to Jordan.  Avoiding sharp practice with opposing parties and building a record in a way that avoids getting into the content of without prejudice out-of-court communications (Applicable Rules: 5.1, 7.2-1, 7.2-1.1, 7.2-2)