by Alan Hobkirk

OLYMPIC SNAPSHOT:

• Competed in 1976 Olympics (Montreal)
• Sport: Field Hockey (Captain)
• Result: 10th Place
• Called to B.C. Bar, February 1981
• Practice area: Civil Litigation
• Current affiliation: Partner, Miller Thomson LLP

It was a great privilege to represent Canada in the Olympics. I recognize the “lessons” learned from my athletic career which now inform my civil litigation practice in a larger firm.

BE PREPARED – The two year build-up to the Olympics was similar to preparing a case for trial (with the Olympics themselves representing the trial). As with the legal case, one has to be physically, mentally and tactically prepared, knowledgeable about your opponent’s and your own team’s strengths and weaknesses. In both contexts, failure to adequately prepare meets with adverse results.

TEAM WORK - Field hockey is a team sport with its 11 players being selected with care. Regardless of who scores the goals or “gets the glory,” each member of the team is making an essential contribution. In the context of a larger legal case, a team of lawyers, students and paralegals is assembled and works together towards the common purpose of advancing the client’s case.

EXPECT THE UNEXPECTED – There is not a significant legal case where the unexpected does not occur at some point between taking on a matter and going to trial. In field hockey, played at high speed, much can change in an instant due to injury, weather conditions or the bounce of the ball. One has to continually adapt to changed circumstances. In Montreal, in the early stages of the tournament, against Argentina, we had an upset win. Unfortunately, one of our top forwards was seriously injured and did not play again. Despite this setback, we had to adapt and play on – much as the litigator does when there is a sudden, unwelcome development in the case.

THE FRIENDS WE MAKE – One of the great joys of practicing law is the mutual respect and camaraderie that develops amongst counsel and colleagues. In competitive sports, one plays to win. Regardless of the result, after the game, we shake hands with our opponents. Even amidst heated competition, lasting friendships are made. When one makes the effort, litigation is no different.

VIVA LA DIFFERENCE – Elite competitive sports is about “winning the game.” There is a winner and a loser. One battles to the end of the game with no thought of surrender. Although this mindset has assisted me in my trial practice, I have had to learn and practice the necessary and important skill of negotiation, aimed at reasonable compromise – a skill not necessarily considered an asset in elite sports!

In the legal profession, we subscribe to the highest standards of competence and ethics. Admittedly, this differs from elite sports where taking “paltry advantage” of one’s opponent or “gamesmanship” is usually condoned and encouraged.

I have had the good fortune to continue my association with sport as a coach, former Director of Sport B.C., counsel for sports associations and advocate/panelist at national and international level disciplinary hearings.

This article was published in the December 2008 issue of BarTalk. © 2008 The Canadian Bar Association. All rights reserved.