Back in law school, my criminal law professor told us that our job would be to use every bit of our intelligence, ingenuity, and strength, and to work tirelessly, to deliver the best possible outcome for our client. “But,” he told us, “if at the end of the day, someone has to go to jail, make sure that it is your client.” He was warning us not to become so zealous in our representation of our client that we crossed over the ethical or legal lines.
“Don’t tell me what you value, show me your budget, and I’ll tell you what you value.”
~ Joe Biden.
It used to make sense to me to try to scare businesspeople into wanting to pay legal fees. I would tell them one of my many stories about clients who started a business without including an adequate budget for legal fees.
I liked some of my partners all of the time; most of my partners most of the time; and one or two, almost never. I suspect that my partners, as a group, had similar sentiments about me.
The first thing to know about being a partner in a law firm is that you do not have to like all your partners all the time, but you are supposed to pretend that you do.
By Maureen T. Mckay
In an earlier article in our series, Murray Gottheil quoted these words from Leo Tolstoy: “all happy families are alike; each unhappy family is unhappy in its own way.”
The sad truth is that there is unhappiness in all families, and many families do not like to share their secrets. Working with these families on business succession requires professionals to be trusted, and, as Arthur Ashe said, “Trust has to be earned, and should come only after the passage of time.”
By Maureen T. McKay
One upon a time, I had a client named Jack, whose mother had granted him a Power of Attorney (“POA”). Some years later, Mom’s capacity became questionable. Jack’s sister, Jill, wanted to have Mom create a new POA in her favour that would terminate Jack’s POA. The future of a family business hung in the balance. Someone was likely to come tumbling down the hill. The dispute made quite a few family members unhappy, and quite a few lawyers a lot of money.
“A dysfunctional family is any family with more than one person in it.” ~ Mary Karr
Sometimes when I consider what tremendous consequences come from little things, I am tempted to think there are no little things.
~ Bruce Barton
I used to ask my litigation partners how it felt to issue a Statement of Claim and ruin someone’s day. Mainly I wanted to annoy them, but I also thought that it was a useful reminder that the things that we do as lawyers can have serious consequences for other people.
There was once a mid-sized law firm that wanted to develop a specialty in a niche area of litigation.
At the bottom level of that specialty, there were general commercial litigation lawyers who wrongly thought that they knew enough to be competent. One step above, there were lawyers with a decent reputation who gave good, creative, advice and achieved decent results most of the time. And then there were the Tier One superstars. Big reputations, high billings, and in demand for the most difficult assignments.
“So, tell me what you want, what you really, really want “
~ Spice Girls
Have you thought about what type of people law firms really, really, want to hire? I mean, after you drill down past the marketing and human resources departments, and contemplate the type of things that even the Partners are afraid to admit behind closed doors.
I got into a bit of a dust-up with a lawyer on LinkedIn the other day. She wrote something that I did not agree with, which was clothed in reverence for human rights, so I countered with my usual intelligent and incisive commentary, informed by my long history in the legal profession.