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.
We have all heard the expression, “write about what you know,” usually attributed to Mark Twain, who knew a thing or two about writing.
I don’t do that.
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.
Once there was a lawyer named Mark who considered himself to be an ‘idea man.’ Mark had a whole bunch of non-billable projects on his list of things to do, and he was always adding items to it.
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.
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.
By now everyone on LinkedIn has heard about Jon, a Cleveland lawyer who wrote a rather nasty email to a recently departed colleague who, having returned from her maternity leave, gave notice that she was leaving for another firm. The backlash was furious. Jon lost his job rather quickly.
From the flood of comments on social media, the idea surfaced that it is likely that Jon’s behaviour was not an aberration, which got me thinking about some of the people who I ran across while practicing law.