There is a fair amount of talk right now about whether law firms should be required to pay articling students a minimum wage.
But isn’t this so-called ‘debate’ about whether the Law Society should legislate a minimum wage for articling students just the tip of the iceberg? What about the institutionalized discrimination created by the Employment Standards Act (Ontario) against lawyers and articling students (together with architects, accountants, engineers, teachers, surveyors, and others)?
The thing about starting a new career is that we often do it when we are young and have little experience in life or in business. So, we look to those who came before us to show us the path to success. We assume that the older and wiser folks know what they are doing. That is our first mistake.
Read about it here.
My friend Martin called me the other day. He was a tad upset. Having been a partner in one law firm for most of his career, Martin had withdrawn as a partner and continued to work with the firm in his pre-retirement years as “Counsel.” As Counsel, he was an independent contractor and his agreement with his law firm provided that it could be terminated on six months’ notice.
I have heard it said that “an expert is someone from out of town with Power Point.” This expression has some old roots. When I originally heard it, it was “someone from out of town with overhead slides.”
Apparently nowadays you do not even have to travel to become an expert. A young lawyer contacted me recently to ask me my views on the legal profession because he had been told by the Managing Partner of his firm that I was an expert on the profession, a status that I appear to have achieved by ranting on social media.
Lawyers (other than litigators, I suppose) don’t like public speaking much more than other people do, and most people rank public speaking as their greatest fear, just before death.
As best as I can tell, there are two potential audiences for lawyers to speak to. The first group is comprised of potential clients. The reason for speaking to them is obvious.
I like to bake bread. In my opinion, and in the opinion of a family member named Aidan, the crust is the best part of my bread. When he was younger, Aidan would sometimes help himself to both end pieces. I did not like that.
Once, Aidan asked if it was okay for him to take a slice of my freshly baked bread as it was cooling on the counter. I told him to take just one slice. The next thing I knew he had sliced the entire top of the bread off and was happily munching way.
When I confronted him, Aidan was not particularly remorseful. He said, “you said that I could have a slice. You didn’t say anything about how I had to slice it.”
Throughout my years as a partner, managing partner, practice group leader and supervising lawyer, I used to speak to young lawyers who told me what they thought that I wanted to hear. Things like how much they loved their jobs, how supportive the firm was, and how they loved working evenings and weekends. They were quite right. That is exactly what I wanted to hear.
When asked about my complaints about the legal profession, I am forced to admit that back before I escaped the profession and became happy, I did in fact have some good days. Three of them. (Okay, I am kidding about that last bit. There were more good days than that.)
My father used to ask, “If you’re so smart, why ain’t you rich?”
There are probably a million things that are wrong with that question, but his basic point is worth considering. He was asking why it is that some people believe that they know better concerning just about everything, but they do not generate any results from their supposed brilliance.
I said and thought a lot of stuff while I was practicing law. I believed every single bit of it. Over time I figured out that some of it was kind of dumb. Here are some of those gems: