Experiential Training Plan

New requirement for articling placements starting on or after May 1, 2014.   

The Experiential Training Plan for the articling placement is required to be filed by the Principal using the Articling Reporting Tool before the start of the first articling placement being supervised by that Principal, or within 10 business days from the start of that placement.

A Principal’s Training Plan will be used to support all future articling placements being supervised by that Principal. Any candidates supervised by the Principal will receive access to the Training Plan upon the filing and approval of their Articles of Clerkship form.

Articling Principals who are supervising two candidates at the same time must file one Training Plan to address the experience expected to be provided to both candidates.

The purpose of the Training Plan is to ensure that articling placements will provide the required training. The preparation of Training Plans will also help promote a level of consistency in application of skills competencies across articling placements. 

The Training Plan is an opportunity for the Articling Principal to consider the training experience to be provided to the candidate and support the fulfillment of the experiential training competencies for candidates. Gaps in the Training Plan may prompt follow up by the Law Society to address deficiencies or areas that require further clarification.

Once filed, the Training Plan can serve as a reference tool for Principals throughout the placement to ensure the training remains relevant and continues to support fulfillment of the experiential training competencies for candidates. If a Principal’s practice can no longer support the existing Training Plan on file, the Principal should contact the Law Society.

Questions that will be asked for development of the Experiential Training Plan on the Articling Program Reporting Tool

What will be the level of administrative support available to the candidate during the placement?

  • Administrative support is available to the candidate
  • Administrative support is available at the firm but not to the candidate
  • No administrative support is available at the firm

Tell us how the articling placement will support fulfillment of the experiential training competencies for candidates.  Under each category, please select the activities that the candidate is likely to perform in this placement. The activities are based on the Law Society's experiential training competencies, which reflect the necessary skills, knowledge and tasks for entry to the profession. Please select all tasks and activities that apply and where applicable, provide additional information using the space provided.  Note: If the activities listed are not applicable in the context of the placement, additional information is required.

Ethics and Professional Responsibility 

  • The candidate will identify and discuss with the articling principal the ethical obligations and responsibilities of a lawyer.
  • The candidate will confirm client identity pursuant to applicable rules.
  • The candidate will observe best practices related to engagements/retainers and/or documenting the scope of services.
  • The candidate will discuss with the articling principal the duty to preserve client confidentiality and implement the appropriate steps.
  • The candidate will discuss with the articling principal potential client conflict of interest issues and observe or use a client conflict management protocol.
  • The candidate will discuss with the articling principal appropriate steps to take when asked by a client to engage in an activity that would breach professional obligations.
  • Not applicable in the context of the placement (additional information is required).

Interviewing

  • The candidate will participate in and conduct interviews with clients, witnesses and/or experts.
  • The candidate will document client meetings.
  • The candidate will prepare witness statements or affidavits based on interviews.
  • Not applicable in the context of the placement (additional information is required).

Fact Investigation and Legal Research

  • The candidate will review and/or summarize relevant documentation (e.g., transcripts, client's personal or internal files, corporate minute books, contracts, files maintained by government or administrative bodies).
  • The candidate will identify applicable areas of law and legal issues.
  • The candidate will conduct research on substantive and procedural issues.
  • The candidate will interpret and apply results of research.
  • The candidate will report results of research to lawyer orally and/or in writing.
  • Not applicable in the context of the placement (additional information is required).

Drafting and Legal Writing

  • The candidate will use language suitable to the purpose of the communication and the intended audience.
  • The candidate will prepare drafts of litigation documents (e.g., notices of motion, notices of application, draft orders, offers to settle, notices of appeal, affidavits, facta, minutes of settlement, releases), using precedent where appropriate.
  • The candidate will prepare drafts of solicitor-type documents (e.g., correspondence, resolutions, officer's certificates, powers of attorney, agreements, letters of opinion, reporting letters, Wills), using precedents where appropriate.
  • Not applicable in the context of the placement (additional information is required).

Planning and Advising

  • The candidate will conduct due diligence, including ensuring all relevant information has been obtained and reviewed.
  • The candidate will generate options and formulate strategy with lawyer in light of the client's needs and circumstances.
  • The candidate will observe client meetings in which remedies, options, advice, and instructions are discussed.
  • The candidate will advise the client under direct supervision of a lawyer.
  • Not applicable in the context of the placement (additional information is required).

File and Practice Management

  • The candidate will keep the client informed of progress of the matter.
  • The candidate will document a file (e.g., records of telephone calls, memos to file, client instructions) and organize a file.
  • The candidate will use time docketing system and/or follow process for recording expenses and disbursements.
  • The candidate will become familiar with and apply cost and time saving techniques that benefit the client.
  • The candidate will use a tickler system (bring forward and limitation dates).
  • The candidate will use systems for trust and general accounting.
  • Not applicable in the context of the placement (additional information is required).

Negotiation

  • The candidate will prepare for and observe negotiations (e.g., transactional, litigation, ADR).
  • The candidate will review and discuss outcome of negotiations with a lawyer.
  • The candidate will conduct negotiations under the supervision of a lawyer (e.g., small claims, simple tribunal matter).
  • The candidate will observe other forms of alternative dispute resolution (e.g., mediation, arbitration, conciliation).
  • Not applicable in the context of the placement (additional information is required).

Advocacy

  • The candidate will observe and support advocacy in a variety of settings (e.g., motions, tribunal hearings, trials, pre-trial conferences, discoveries, applications, references, assessments of costs, examinations).
  • The candidate will request, provide or participate in document disclosure as required (e.g., affidavits of documents, Crown disclosure, Children's Aid Society).
  • The candidate will attend court or tribunal, where permitted, to speak to routine administrative matters (e.g., unopposed adjournments, uncontested and consent motions, and set dates).
  • The candidate will prepare clients or witnesses for trial or other examination.
  • The candidate will conduct a motion, simple hearing or trial where permitted (e.g., status hearings, judgment-debtor examinations, Small Claims Court and tribunal matters).
  • Not applicable in the context of the placement (additional information is required).

Transactional/Advisory Matters

  • The candidate will use transactional checklists as appropriate (e.g., due diligence checklist, closing agenda).
  • The candidate will prepare drafts of relevant transactional documents (e.g., closing agenda, due diligence summaries, resolutions, receipts, requisition letters, purchase agreements, promissory notes, opinions, shareholders agreements, reporting letters).
  • The candidate will identify the appropriate regulatory agency or forum/parties/stakeholders.
  • The candidate will conduct and review relevant searches (e.g., PPSA, Bulk Sales Act, bankruptcy, executions, title, corporate names, tax certificates, trademarks, liens).
  • The candidate will participate in a closing.
  • Not applicable in the context of the placement (additional information is required).

Tell us how the articling placement will support fulfillment of the requirement for the Principal to evaluate the performance of the candidate undertaking the following five tasks, based on the performance appraisal competencies of the experiential training competencies for candidates.   

  1. Interview a Client
  2. Draft a Legal Opinion
  3. Represent a Client in an Appearance or Through Some Form of Alternative Dispute Resolution or Settlement Process
  4. Demonstrate Professional Conduct
  5. Use of Law Firm/Legal Practice Management Systems

Will there be a process for ongoing provision of feedback to the candidate about the candidate's performance and an opportunity for the candidate to discuss, in confidence, any problems or areas of concern about the articling placement and to ask for guidance and advice about their work?

Provide any additional information about the placement.