Categories
Mental Health and Work/Life Balance

Caution: Law Firm Built On Quicksand Ahead

(A Cautionary Tale For Lawyers of All Ages)

Back quite a while ago somewhere in Ontario, a fellow who I will call Sam started a law firm, which he quickly grew to be a decent firm of about 20 lawyers.

Sam was a fairly progressive guy for his time, in a number of ways. 

One of Sam’s philosophies was that it takes all types of personalities to build a successful law firm.  When other partners would complain that some partners brought in more clients or produced more billable hours than other partners, Sam would say “we need to have diverse personalities and skills to build a strong firm.  We can adjust for differences in productivity in compensation.”

Categories
The Practice of Law

Negotiating With Idiots

Back quite a few years ago, I was out for lunch with one of my associates who for today will be called “Samantha”.  We were having a quick meal at one of those sandwich places where you line up at the counter and order your meal and then take it to a table, gobble it down for 15 minutes and get back to work as quickly as possible so that you do not waste too many billable hours.

Categories
Legal Ethics

Time Travel on the HMCS Document

I attended my first closing of a commercial transaction when I was an articling student.  It was a rather large share transaction. The closing started around 2 pm and I imagine that the lawyers thought that they would be done by late afternoon.

It was not to be.

Categories
Client Development

Twenty-Two Tips for Keeping Legal Clients Happy

Legend has it that years ago in Toronto there was a law firm which embarked on what was then a somewhat unusual exercise.  At the urging of their marketing consultant, this firm surveyed their clients to ask them what they thought of how the law firm delivered its services. 

Categories
The Practice of Law

The Games That Lawyers Play

When negotiating an agreement, clients are often happy to hear that the other side’s lawyer is going to do the drafting.  They assume that their lawyer will spend less time reviewing an agreement than he or she would have spent drafting the agreement in the first place, and that allowing the other side’s lawyer to draft the agreement will be cheaper for them.  Lawyers who are overwhelmed with work, or who are inexperienced, or who are lazy, or who are just not that bright, will readily agree with this approach.

Categories
The Mentality and Attitudes of Lawyers

Bullies in the Boardroom

In my 6th year of practice, I represented an insolvent client in his negotiations with his Bank.  The retainer came upon me suddenly as the client was summoned to a meeting with the Bank and its lawyers on virtually no notice and told to bring counsel. 

I met the client for the first time just before the meeting, and off we headed downtown to meet with the Bank’s representatives and a senior insolvency lawyer at a large Toronto firm. I will call this lawyer Tom since I want to make it clear that he was an asshole, but I really do not want to be sued for writing this article. (Although I suppose that the risk of a successful lawsuit would be low since truth is a complete defense). 

Categories
Law Students and Young Lawyers

An Article About Articling Students

I write this from the perspective of retirement after having practiced law for four decades and having had what I believe was a successful career.

I articled in 1979 for the now defunct firm of Goodman & Carr which at the time was an excellent mid-sized Toronto law firm.

I was not a great articling student.  What a ‘not great articling student’ does not need are some exceptional articling students to work alongside so that the comparisons are easy for everyone to make.

Categories
Murray The Wannabe Feminist

A Feminist Rant from an Old White Guy

Erin Durant of Durant Barristers recently posted the following on LinkedIn:

“A pain point for women who create firms is the narrative that they have quit rather than have built something. I did not quit my practice. I took my practice and built something better for my clients. I agree with a mentor who says that male founders do not face that assumption.”

Categories
The Practice of Law

The Sharp Employ The Sharp

“The sharp employ the sharp; verily, a man may be known by his attorney.”

Douglas William Jerrold

Criminal lawyers are often required to represent those among us who are morally and ethically challenged.  Their role as guardians of the rights of all of us is crucial to our democracy and their choice of clients does not usually reflect negatively on their character.

Categories
Law Students and Young Lawyers

Lessons from my Loony Early Days of Practice

When I started practicing business law immediately after being called to the Bar, I had just been rejected for hire-back with the firm where I had done my articles.  I was told that the reason that I was not hired back was that I had not shown sufficient self-confidence.  Compounding my insecurity was the fact that I was younger than most first year lawyers, having entered law school after just one year of university.  Worse still, I had no prior business experience.