It is an incontrovertible fact that young lawyers destined for private practice arrive at law firms without much clue as to how to practice law.
A lucky few are welcomed into a structured environment where good quality training, mentoring, and resources are provided to teach them their craft and to maintain quality control and client service while they learn.
You may have heard the story about the flight attendant who assisted an elderly gentleman by giving him a pillow and a blanket, and then asked him if he was comfortable. The man replied, “I make a living.”
When I was young, my parents were not comfortable, but they insisted that I obtain a university education. They expected me to earn whatever I could in the summer to fund my education, and they agreed to cover the balance. Luckily, this was back in the days when university and law school were affordable in Canada.
Sometimes clients call lawyers and announce what their legal budget is for a proposed project. New lawyers sometimes struggle to handle the situation because the scope of the work is uncertain or the proposed budget is insufficient to do the job properly.
I am on a cruise. A few days ago I was doing the tourist thing in Kauai, by which I mean that I was on a bus being driven around to see the sites and the sights.
The driver was an older gentleman who invited us to call him “Uncle Willie.” Uncle Willie gave us a great tour. He was friendly and knowledgeable and we had an excellent day. Especially compared to a day spent practicing law, or worse, attending a partner’s retreat.
I keep reading about mental health issues in the legal profession. Too many lawyers are terminally unhappy. The problem appears to be impossible to fix. Even The Washington Post just ran an article titled, “Want to be happy? Then don’t be a lawyer.”
Warning
This article has three parts. Do not act on the suggestions in the first part until you consider the advice in the second part and the rebuttal in the third part.
Part One: Murray’s Recommendations
Murray strongly recommends that articling students ask these probing questions and many similar ones before accepting a position:
For today’s diatribe, we are going to need a definition of ‘success.’ Although the traditional definition which relates primarily to making a lot of money is deficient in more than a few ways, since it seems to be the standard used by so many in the legal profession, I am going to choose that one.
There are only three ways to make money in the legal profession.
With this post I venture onto dangerous ground, but what the hell.
Some years ago I came across a Canadian law school which was offering a course on “A Feminist Perspective on Corporate Tax.” More recently, I came across a law school course on “A Feminist Perspective on Carbon Taxes.” It all struck me as kind of stupid.
When I retired from the practice of law in 2020, I could not have told you what NCA stands for. I am willing to bet that the majority of home-grown Canadian lawyers in private law firms are just as ignorant about this as I was.
On the other hand, I have never met an internationally trained lawyer who did not know what NCA stands for.
I recently went for a ‘preventative health examination,’ which is code for ‘private healthcare,’ which is something that is in fact available in Canada – to those who are willing and able to pay for it.
I was given a stress test which involved having me walk on a treadmill while hooked-up to a computer. Being me, I quipped to the technician that I was counting on her to make sure that I did not have a heart attack during the test. She reassured me that if I did, I would be in good hands, because ‘back home’ she was a cardiologist.
It is not a very well-kept secret that in Canada we make it difficult for immigrants to qualify to practice their professions.
So let’s talk about lawyers.