David CruickshankIt is with great sadness that we mourn the sudden loss of David Cruickshank, an initial founder of BM-ICCC.
In addition to an illustrious career as a law professor and international legal practice consultant, David was a moving force in establishing our international law student competition for client interviewing and counseling. Before Canada established its own independent national competition, Canada participated in the annual US Client Counseling Competition sponsored by the American Bar Association. (This is much like the way Wales participated in the English national competition prior to its recent independent national status). David not only coached his own students but was elected Chair of the American Competition as well. In 1986, David, Larry Teply, and Sir Geoffrey Bindman were the key founders of the initial international competition in 1986 with the three charter countries: Canada, England/Wales, and the US. David was virtually a one person Canadian host committee holding the competition in Vancouver, British Columbia on several occasions. David’s wise participation and leadership in our international competition was a major factor in our growth and success. Our friend, Professor John Wade offers a personal perspective of his relationship with David. John is one the world’s most accomplished mediators and scholars who taught at Sydney University and Bond University in Australia before retiring to grandparenthood and competitive senior tennis in Vancouver. John was one of the initial Australian observers of ICCC in Portland in 1992 that led to the establishment of the Australian National Competition and Bond University hosting ICCC in 1997 as well as the expansion of the competition in neighboring New Zealand. -Forrest Mosten, July 2024
I met David Cruickshank in 1979 in a corridor of a university college in Sydney, Australia. It was my good fortune. Our association and encounters continued for more that 30 years.
This first encounter had glimpses of his character yet to be revealed---he said “hello” first and asked questions about me; he asked if we could meet later—and followed up on that request. Taking an interest in what I had written, he read my articles immediately, and we thereby discovered our shared interests. In typical fashion, David “followed up” by inviting me and my family to come to the new law school in Calgary in 1981-82, and teach for a semester. David was an excellent choice for a new law school as his pioneering teaching skills and ideas flourished there, well before the inevitable fetters of institutionalisation appeared. He was a role model for me, as he combined conceptual knowledge of areas of law ranging from competing ideas to detailed rules (eg constitutional law, family law, legal skills); with the acid of being a practising lawyer; and curiosity about teaching/learning theory concerning how different people—including clients-- “learn”. A powerful trilogy. I particularly remember him representing children and native families in difficult disputes concerning “time with”, and power over children. Over many encounters, David showed his obvious affection and playfulness with his two lovely children, Jessica and Amanda and our three offspring. David the Pioneer David was always at the head of new ventures in legal education and legal practice. He designed courses, published and taught in negotiation, interviewing, client counselling and mediation in the 1970s, well before it was fashionable to do so. He was often a judge at the early days of the international client counselling competitions in company with Woody Mosten and friends. Woody Mosten also introduced me to Pepperdine’s stellar dispute resolution programs in the early 1990s. Pepperdine later asked me who I could recommend to teach interviewing and counselling. There was only one name on my list. David taught short courses at Pepperdine for many years. David encouraged me and many others to open up the vast literature on teaching and learning. Strange territory for legal academics and practitioners, but nevertheless a vein of gold. This guaranteed us employment at multiple universities, law firms, conferences and government agencies around the planet. David used the “X plus 1” method on me and others. That is, he would ask questions and listen attentively to what we thought we knew (“X”). Then he would gently add, “You might be interested in reading Bloggs, or trying this idea.” (“plus 1”). Of course, he already knew and was himself using “plus 7”. Like a wise basketball coach, he was ever reluctant to overwhelm us with our whole missing package of theory and skills.David practiced what he preached. He would survey lawyers in each law firm about what they knew already and what they most wanted to know. He would then design a course around their answers. I once asked him “what is the greatest need requested by lawyers?” His answer was surprising to me. He said that the greatest expressed need was how to balance a drink, a sausage roll, and market the services of the law firm in a noisy gathering of would-be clients. So David designed a best-selling course on marketing and communication theory; coupled with a next door room filled with acting clients, martinis, sausage rolls and sandwiches. There the new skills could be practised and debriefed repetitively, using predictable adult education methods. David had a propensity to buy idyllic rural properties hundreds of miles away from civilisation. Nobody is perfect. David the Achiever David did not put his achievements on display. However, if you asked the right questions, and listened –or just watched---he could be accused of over achieving! He was an avid runner and cyclist--- difficult to keep up with once motion commenced. When we played ice hockey against the law students, he was clearly the only faculty member who could skate. His multiple over lapping careers included law reform commissioner; publisher; law professor; courtroom advocate; adviser to multiple law firms around the planet; course designer; father; friend to many. Thanks David, for engaging me in that corridor 46 years ago. I know that many others were likewise engaged by you. -John Wade, Vancouver, Canada July 2024
|