McCann tapped for insight on ‘lawyering in times of chaos’
Millard & Company lawyer Marcus McCann spoke to the Canadian Bar Association and Federation of Law Societies of Canada forum on ethics on March 30, 2023. McCann appeared alongside Awanish Sinha, Emilie Taman and Steven Vaughan in a panel hosted by the treasurer of the Law Society of Ontario, Malcolm Mercer.
McCann spoke about his work on controversial cases, such as AB v Ontario, representing with Mika Imai an 11-year old trans girl who challenged the repeal of the inclusive sex ed curriculum in 2018.
McCann described the challenges that arise from the need to give risk-conscious advice. In circumstances where litigation is part of a broader rights struggle, it’s usually appropriate to explain not just the accepted legal wisdom, but also the rationale behind it. Litigants can then weigh whether or not the conventional wisdom actually applies in their case.
For example, lawyers usually tell clients not to speak to the media. That’s typically good advice, because litigants may be drawn off message by journalists, and later cross-examined on their earlier statements. Some litigants may be prepared to accept that risk to further other goals, and delving into a bit of extra explanation will help them make their decision.
Find a summary of that conversation here: http://www.nationalmagazine.ca/en-ca/articles/law/ethics/2023/lawyering-in-times-of-chaos