Near the end of my career, at a time when I frequently congratulated myself (since no one else would listen) about how brilliant I was at dealing with clients, I lost a long-standing client who I will call Charles. I should have fired Charles years before and was holding onto for some twisted sentimental reason.
Last night I worked on a trademark file. It was a disaster. The application had been filed incorrectly and the Trademarks Office had cited a long list of issues and demanded a response 9 years ago. It seems that for some reason no one had looked at the file for quite some time. I needed to figure out if the application was even still alive. It was beyond stressful.
Herb Cohen, the author of ‘You can Negotiate Anything’ and once labelled ‘the world’s best negotiator’ tells a story about negotiating the purchase of his own house. Apparently, his family was so intent on acquiring this particular home that he feared being divorced and having his children never speak to him again if the deal did not close. As Herb told the story, since walking away from the deal was not an option, he was unable to negotiate even a nickel off the purchase price.
I often find myself speaking to law students and young lawyers who are having difficulty deciding what area of law they should practice. I also hear from older lawyers lamenting their original choice and thinking about making a change.
For a bunch of smart people, many of us lawyers choose how to spend most of our waking hours in some pretty dumb ways.
Early in my career, I represented a franchisor of retail bakeries. As is commonly done, my client leased premises from commercial landlords and subleased them to its franchisees.
Since my client was not particularly good at what they did, they frequently made mistakes. On one occasion they missed the deadline to give notice to renew a lease.
At one stage of my career I did a great deal of work for a franchisor of bakeries. If the truth be known, my client was not exceptionally good at the franchisee selection process. The franchisee qualification process consisted of providing evidence of a bank account and a heartbeat.
Once upon a time, one of my litigation partners had a field day suing a very senior partner of a reputable law firm in the Toronto area. I will call that defendant “Max.”
The crux of the matter was that our client, who I will call Sue (appropriately, because that is what she ended up doing to Max) was involved in the sale of some shares of a corporation to the other shareholder. When Sue did not get paid, she came to see if we could do anything about it. When my partner asked Sue whether she was represented by counsel in the sale transaction, she identified Max as being her lawyer.
Spouses often both own shares in a corporation that operates a family business, sometimes because they are both active participants in the business, and sometimes as part of an income splitting or creditor protection plan.
I once had a partner who was a “heads down, get your work done” type of guy. Knew his law. Billed like a fiend. Not much of a people person. Let’s call him Ken.
Long ago, when it came to billing, lawyers addressed precedents in one of two ways: