Thursday Thinkpiece: Zaidi on Jobs in the Canadian Legal Marketplace

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Jobs in the Canadian Legal Marketplace: A Resource for Students and Professionals

By Kamaal Zaidi © 2015 Friesen Press. Reprinted with permission.

Excerpts from the Introduction and Chapters 1-2, 4-6

Introduction

Are you looking for a job in the legal profession? This book will help you achieve your goal if you have recently completed your legal studies, or have decided to change employers, and are now ready to seek another position in the legal marketplace. The legal industry has enormous demand for new applicants and is one of the oldest professions in the world. Each year, thousands graduate from law schools or paralegal or legal assistant programs. Law schools prepare lawyers, while colleges or technical schools produce paralegals or legal assistants. Applying for a position is another job in itself. It takes time, commitment, and strategizing. As a lawyer and legal instructor, I have intimate knowledge of how the legal profession works, and how legal employers hire graduates. I have been consulted by many clients, students, and employers about skills, training, resumes, and cover letters.

Chapter 1 describes legal education, and what it takes to launch a career in law. Chapter 2 describes the sources of legal jobs in Canada, and where an applicant would consider applying. Chapter 3 outlines the job portfolio necessary for an applicant, including a resume, cover letter, transcripts, degrees and certificates, and business cards. Chapter 4 offers advice on the job interview, and how one should behave in that interview to improve their success. Chapter 5 lists the job titles and duties in the legal field, which gives the reader an idea of what specific jobs are out there. Simply put, if you want to work in the legal system, you should know what you are getting yourself into. People apply for jobs in the legal marketplace because:

• Law is one of the oldest professions in the world
• Law provides a steady stream of jobs in an overwhelmed legal system
• Law has a wide variety of jobs in multiple areas (e.g. corporate, criminal, family, etc.)
• Law allows for growth and promotions
• Law has opportunities globally – lawyers are everywhere!
• Everyone needs a lawyer at some phase in life

When applying for a job in the legal field, one must appreciate four things:

• Legal Education
• Sources of Legal Jobs
• Job Portfolio
• Job Interview
• Job Titles and Job Duties

So, let’s begin our journey towards finding that right legal job.

Chapter 1: Legal Education

Educational Qualifications and Assets

Why consider law? The legal profession has a long history and enormous scope for employment. Thousands of people work at law firms, courthouses, legal departments of corporations, and governments. Legal services are needed daily, which makes it a recession-proof industry in many respects. But how does start the process? First, a person must consider legal education. This path has two aspects: (1) law school and (2) paralegal or legal assistant programs. Law schools require a bachelor’s degree and acceptable LSAT (Law School Admission Test) scores.

Law schools have a formal application process, and the entrance requirements are competitive. At present, there are seventeen law schools in Canada, and more may appear in the future. Law degree programs typically take three-years, after which a successful graduate earns an LLB (Bachelor of Laws) or JD (Juris Doctor). The “JD” designation is from the U.S., and many Canadian law schools have switched from “LLB” (a British designation) to the “JD” designation. Both law degrees are the same. When one obtains a law degree, they must also complete a bar admission course and articling. The bar admission course is offered through the law society of their province or territory as a formal requirement to become licensed. Articling is usually a one-year internship with a law firm or legal department that exposes the graduate to various areas of law and helps to build valuable work experience. Once the bar admission course and articling are completed, the person can become licensed as a lawyer in their province or territory.

Paralegal or legal assistant programs are offered by colleges and technical schools across Canada. The terms “paralegal” and “legal assistant” mean the same thing, but my interpretation is that a paralegal has experience working in a specific area of law, compared to a legal assistant, who manages all types of files and the office environment. The entrance requirements are much easier than law school, but the length of the program varies with each school. Some private colleges offer a 7-10 month program, while other public schools offer a program of up to two years. Upon completion of the program, the graduate will earn a certificate or diploma that qualifies them to become a paralegal or legal assistant.

There is usually a practicum placement that occurs with a law firm or courthouse department. At some point, the graduate of the legal program will receive their degree or diploma/certificate, along with transcripts of all courses completed. Each school offering legal studies will have a career services department that assists students in job placements. These departments will help graduates prepare job applications, resumes, cover letters, and transcripts and to complete their portfolio.

Chapter 2: Sources of Legal Jobs

. . .

Articling Positions

The main rule with articling is not to give up on your search. Articling positions often lead to permanent employment in a law firm. Many law graduates completing their articles at a law firm may be permanently hired by that firm, depending on the firm’s need and the performance of the articling student. Here, a law graduate works directly under the supervision of a lawyer (known as the “principal”), which means the boss will assess the potential of the articling student to work with them in the future. A law firm is not required to hire an articling student, and so consider applying to other firms.

Legal Conferences and Seminars

Attend legal conferences and seminars to meet practicing members of the profession. It is a chance for direct contact and familiarity. To locate conferences and seminars in Canada, check the Canadian Bar Association’s website (www.cba.org), your provincial law society’s website, or legal magazines (e.g. LEXPERT). Yes, it costs money to attend, but think of the networking opportunities and, yes, food. Seminars are short classes offered by the CBA or law schools on specific points of law. This would be great for someone planning to specialize in one area of law.

Legal Departments

Legal departments are found in each level of government and corporations. They employ lawyers, paralegals, and legal assistants dealing with the legal affairs of that agency or business. When applying for legal jobs, realize that governments are divided into federal, provincial, and municipal jurisdictions.

The federal government is represented by Justice Canada. This is a federal agency that offers employment to articling students. The provincial government is represented by the provincial agency (e.g. Justice Ontario, or Alberta Justice). The municipal (city) government is represented by their own legal department (e.g. City of Toronto Legal Division, or City of Calgary – The Law Department).

…

Chapter 4: Job Interviews

After submitting your application, you receive an invitation for a job interview. You are excited yet nervous. What should you do to prepare for any job interview? Depending on the employer, job applicants should do the following:

• Be punctual
• Bring an extra copy of your resume, transcripts, and business cards
• Dress professionally
• Maintain personal hygiene (avoid spinach in your teeth)
• Be calm and stay focused
• Smile once in a while
• Be yourself
• Be honest
• Answer the question and avoid talking too much

Tips for the Job Interview

A job interview is stressful. Thus, the first rule is to be punctual. Some job interviews last a few minutes, others much longer. There may be a committee of interviewers or just one person. It is customary for the human resources representative or lawyer to interview all legal positions, but legal assistants or paralegals may also be part of the process. Dress professionally and ensure that you limit your make-up. It is not a fashion show, but employers gain an immediate impression about others based on appearance. Please follow the golden rule of zipping up your pants. Be calm and honest about your answers to specific questions. Don’t create new answers or lie about your past. Don’t wander off into fantasyland during the interview—stay focused.

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Chapter 5: Jobs, Jobs, Jobs

Now you are ready to apply for legal jobs. Which position should you apply for, and in which areas of law? Below are target markets (specific areas of law), along with their job titles. Each job title shows potential duties and the ideal qualifications and assets.

ABORIGINAL LAW

• Legal Counsel
  • Duties:
    • Advising First Nations, Inuit, and Metis communities
      • On-reserve and off-reserve issues
      • Land and resource development issues
      • Gaming
      • Taxation
    • Commercial
      • Set up business organizations
      • Financing, development, and acquisition of commercial property
      • Impact benefit agreements
      • Participation agreements
      • Joint venture agreements and partnership agreements
    • Constitutional
      • Treaty rights
      • Land claims and title
      • Duty to consult and duty to accommodate
      • Breach of fiduciary duty
      • Health, child welfare, and education
    • Energy, environmental, and natural resources
      • Aquatic resource planners
      • Energy consultants
      • Environmental impact assessments
      • Forest resources and ecology
      • Geology
      • Mining
        • Impacts and benefits agreements
      • Oil and gas rights and royalty payments
        • Financing and operations
        • Leasing
        • Purchase and sale of land
      • Gas and pipeline agreements
      • Project development of land
    • Real estate
      • Negotiating land claims
    • Litigation
      • Aboriginal and treaty rights
      • Fiduciary duties
      • Duty to consult and duty to accommodate
      • Tax
    • Qualifications and Assets:
      • Membership in good standing with a law society
      • Knowledge of:
        • Aboriginal law
          • Land claims
          • Title
          • Environmental / energy law
          • Fiduciary obligations of the Crown
          • Duty to accommodate / duty to consult

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Chapter 6: Hot Job Trends in the Legal Marketplace

Now that you have seen the Canadian legal marketplace in full, let’s finish off with the latest and the greatest. Hot job trends are important to consider when applying for jobs as it guides the applicant towards a growing source of jobs. Keep your eye on the latest conferences, seminars, and news articles. Read like there is no tomorrow. Emerging areas of law that are currently in high demand include:

• Business Ethics and Anti-Corruption
  • Advise companies on anti-corruption legislation and policies at the federal, provincial, and international level
    • Corruption of Foreign Public Officials Act (CFPOA)
    • Criminal Code of Canada
    • Proceeds of Crime (Money Laundering) and Terrorist Financing Act
  • Advise on conflicts of interest
  • Compliance with lobbying legislation
    • Help clients avoid:
      • Disqualification from government tenders
      • Fines and imprisonment
  • Due diligence
    • Help clients apply for government contracts and contracts funded by development banks
  • Internal investigations and audits
  • Procurement
  • Prosecutions by national and international regulatory authorities
  • Litigation defence and mitigation
  • Risk assessments
    • Propose strategies to reduce risk
  • Development of policies and compliance programs

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