Categories
Law Students and Young Lawyers

In Praise of Articling Students

It is a slow news day in my retirement world, so I thought that I would break from my own tradition of writing lengthy posts and just post a brief thought.

I need an articling student. You know, those law students who we hire to write articles for us which we can publish under our own name. (That is why they call them “articling” students, isn’t it?)  Of course, those of us who have real class include an acknowledgment that we were ‘assisted’ by the articling student, giving a whole new meaning to the word ‘assist’ which now means “to do all of the work.”

If I had an articling student, I would have had something useful to post today instead of this drivel.

I need an articling student.

Categories
Mental Health and Work/Life Balance

Goodbye Earl – A Legal Fairy Tale

Once upon a time, in a common law jurisdiction not that far away, there was a partner in a law firm who did what all good law firm partners do. He billed a lot. He brought in many clients. He trained the junior lawyers. He supervised the clerks. All in all, he was somewhat of a star. I will call him Earl.

Categories
Mental Health and Work/Life Balance

Going Over to The Light Side of the Force

Since I retired, I have entertained myself by writing about the legal profession, mentoring a few lawyers, and teaching some classes about business law. None of these are particularly remunerative activities.

Now and then someone suggests to me that I should write a novel, or at least compile my articles into a book. And sell it. And try to make some real money. My standard answer is that it sounds like work, and that I have no interest in working.

It is not that earning a few dollars would not come in useful. I long ago learned from my mother that ‘rich or poor, it is good to have money.’ And I am not rich. But nor am I poor. I think that I can get by without working, and I have every intention of finding out if I am right.

Categories
Substantive Legal Content

The End of Days

“Review this agreement and provide me with your comments” is usually the first introduction that young business lawyers are given to the topic of reviewing contracts and the sum total of the training that they receive about how to do it. So off we go and comment on the scourge of typographical errors, the horror of undefined terms, the frightening absence of the word “reasonable,” and of course, unforgivably sloppy cross-references.

Actually, there are a multitude of more important things to think about when you are reviewing contracts. One of them is how long the agreement is going to last, and that actually depends on three things. These are: (i) term; (ii) termination rights; and (iii) renewal rights.

Categories
People I Met Practicing Law

All Flash, No Cash

There was once a law firm with a small corporate department consisting of a law clerk and one senior corporate lawyer who I will call Carl.   The partners of the firm had tired of Carl’s antics so they hired a bright young corporate lawyer who I will call Martin. The idea was that if Martin was any good, they would tell Carl to shape up or ship out.

Categories
Substantive Legal Content

Introducing The Dumbies

Lawyers are avid fans of awards, so much so that they sometimes even pay to get them, which is a topic for another day.

I was thinking (because I have time to do that now that I am retired) that perhaps we should create a new award program which we could call the “Dumbies.”  We can award a prize for the dumbest clauses that lawyers regularly insert into commercial agreements.

Categories
Fluff

Murray’s Rant About Partners Meetings

I hated partners meetings. Not because I did not like most of my partners. In fact, I quite enjoyed spending time with the majority of them. But there were always one or two…

After many years of contemplating why I disliked partners meetings so much, I developed a theory. Here it is.

Categories
People I Met Practicing Law

Hammers and Nails

I am not the handiest person in the world. In fact, my toolbox only has three tools in it, being a phone, a pen, and a cheque book. For this reason, I may not be the best person to be writing about hammers and nails. But I will anyway because I really want to use one of my favourite quotes.

Abraham Maslow wrote, “If the only tool you have is a hammer, it is tempting to treat everything as if it were a nail.”

Categories
The Mentality and Attitudes of Lawyers

Mary, Mary, Quite Contrary

I have observed that it is not only Mary who was quite contrary, but rather that the character flaw of contrariness is innate to all of us.

Categories
Law Students and Young Lawyers Uncategorized

My One and Only Karate Lesson

I know absolutely nothing at all about Karate. I am about to prove that.

I had only one Karate lesson in my life. Actually, it was my young son who had the Karate lesson. I was along as part of one of those “Dad and Son” programs.