Clyde & Co's Jamie Spotswood's passion for litigating sets him apart
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The list of what Jamie Spotswood loves about being a litigator is a long one.
“What drew me to it? Being in court, hands down,” Spotswood, partner at Clyde & Co Canada LLP, says. “I love examining and cross-examining witnesses, making arguments before judges and the back-and-forth that comes with it. I love the preparation that goes into the final product of the courtroom presentation, and strategizing about ways to get the evidence out in the most effective way possible. I get a real thrill from all of that. It’s hard work, and has its ups and downs, but those are the highlights for sure.”
Spotswood always knew he wanted to do litigation — “Even when I was in law school, not fully appreciating what litigation was,” he laughs — and through experiences such as mooting he determined his future was as a commercial litigator. He summered, articled and practiced for eight years at Lenczner Slaght LLP, where the lawyers he worked with were, and still are, at the top of their games. He picked up different styles, was able to jump in with hands-on work and it was there Spotswood developed a lot of the tools that make him a good lawyer today, he says.
“In terms of practice, it’s the diligence and the rigour one must bring to a file. The lawyers I worked with as a junior lawyer work extremely hard and often out-lawyer their opponents. They’re really bright, and they take their cases seriously. I learned you’re going to get as much out of it as you put into it, so I try to live by that.”
Spotswood, who makes a point of being involved in the student recruitment programs at the firms he’s at because “it brings me back to when I was a student, and because it’s the future of the firm,” says his advice for any young litigator is to do every file they can get their hands on, including pro bono cases if they have the resources. Accruing in-court and examination experiences and dealing with clients, judges and opposing counsel builds expertise and judgment that lawyers can use to move forward and provide better services to their clients as their careers progress. That approach is “something I’ve really benefitted from,” Spotswood says, adding he was always looking for opportunities to litigate and carry cases on his own.
When it came time to make a change, Clyde & Co wasn’t on Spotswood’s radar at first because he wanted to practice at a smaller, more boutique-style firm. But following a few recommendations and some research, he became more and more excited about the prospect of practicing at Clyde & Co. It was a new platform, the Toronto office was relatively small and it had an international backing that Spotswood thought could provide some interesting opportunities. Importantly, Spotswood could continue his commercial litigation practice, which he enjoyed, while being a part of the development of Clyde & Co’s commercial litigation group. He made the jump in 2015, joining some other fantastic lawyers who have formed the heart of the firm’s commercial litigation group, and hasn’t looked back.
Spotswood has played “a big role in growing a great team,” including a number of hires in the last year and a half during lockdown because the work is pouring in. Spotswood has a broad-based commercial litigation practice with a focus on construction and projects litigation, and a significant chunk of his practice is devoted to working for developers, engineers and other professionals. It’s an increasingly busy space, and he’s currently involved in a large P3 infrastructure arbitration. Clyde & Co is acting for one of the design professionals in the case, which is on an accelerated schedule leading up to a six-week hearing beginning before the end of the year.
It’s one of the biggest cases Spotswood has handled in terms of dollars at stake, number of issues and complexity. Currently there are question marks about whether it will proceed virtually, in-person or as a combination of the two, and there are witnesses in the United States, Canada, the UK and Australia — all of whom they’ll have to manage, Spotswood notes. While all trials have logistics to work out and issues to run down, “this one’s got a ton of them — more than most, that's for sure,” he says, adding Clyde & Co has a large team of excellent lawyers from its Canadian offices working on the file.
“It’s thrilling,” he sums ups, but adds having things to look forward to outside of his practice is a balance that’s important.
He makes a point of going home for dinner every night, for example, and having a hobby is crucial too. Outside of his cases, Spotswood gets his thrills on his sailboat, racing with his friends.
“I try to do it every Wednesday no matter what’s going on — with some exceptions of course,” Spotswood says. "Out on the lake, it’s like nothing else matters for those few hours. This kind of work can be all-consuming, and you need to have other things to keep you rounded and grounded.”
