In my last posting, I presented a two unusual management metrics, specifically challenging readers to look at the amount of management “time spent exploring new opportunities” and to examine how many “new revenue ideas were launched” by the firm in the past year. In this second column, I want to explore with you some of the other metrics that may make sense for you to consider examining:

Metric #3: Defining Distinctive Attributes That Clients Value

One of the most difficult questions that we all face, that is sometimes articulated but always on a prospect’s mind is: “Why should I . . . [more]

According to dictionary.com, communication is “the imparting or interchange of thoughts, opinions, or information by speech, writing, or signs.” That sounds pretty simple, but wait, can a word with that many syllables and so many modes of connectivity really be that simple? In the library world we know that if communication were easy, straightforward and not prone to misinterpretation, a lot of our time would be saved. Library school was all about the “reference interview”, and if I’ve learned anything since then, it is that the art of understanding and deconstructing someone else’s question is one of the most difficult . . . [more]

My involvement in law publishing spanning now over 15 years, it was difficult to resist a title like “How West Law Was Made: the Company, its Products, and its Promotions” (Ross E. Davies, Charleston Law Review, Vol. 6, No. 2, pp. 231-282, Winter 2012; George Mason Law & Economics Research Paper No. 12-34. Available at SSRN: http://ssrn.com/abstract=2034499). Who in this industry is so distracted by their daily toil so as to neglect reading a paper promising to share such an important piece of wisdom? How indeed was West Law made? Maybe some know, but I didn’t. So when I . . . [more]

I met with my client after supper on a Friday in the vestibule of a church. It was near my place and, it being a pleasant spring evening, I walked there, pushing my then-infant daughter in her stroller. He was a regular at this particular church, and Fridays were reserved for family social events. His young children were also at the church – a rare and special occasion, authorized in this instance by the family court. The child welfare officer was due to return shortly so we chatted only briefly before he signed over his $2700 tax return and rejoined . . . [more]

Assume there are 2 lawyers with similar incomes, dependents, savings and debts. The only significant difference between them is their overall health and lifestyle choices.

Lawyer A is a male, 35 years old, exercises every day and plays soccer in the summer, hockey in the winter. His blood pressure, cholesterol and Body Mass Index score are excellent. He’s never smoked, drinks in moderation and looks 10 years younger than his actual age. It’s not an exaggeration to say that this guy’s health is better than average.

Lawyer B is also 35 years old. He wants to exercise, but never finds . . . [more]

It was just about 50 years ago that Arthur C. Clarke wrote Profiles of the future: an inquiry into the limits of the possible (New York: Harper & Row, 1962) [Amicus No. 10912514]. On page 19, he wrote:

Suppose you went to any scientist up to the late nineteenth century and told him: "Here are two pieces of a substance called uranium 235. If you hold them apart, nothing will happen. But if you bring them together suddenly, you will liberate as much energy as you could obtain from burning ten thousand tons of coal." No matter how

The bio or “About” page is one of the most viewed pages on a lawyer’s website. On social media, the bio or profile helps new connections or potential followers make decisions about whether or not to interact with you. Your “elevator speech” is your spoken bio and it can make or break a new relationship with a potential client or referral source. But despite its importance, the bio is an often overlooked marketing tool, and many lawyers give it short shrift.

Elements of a Good Biography

Your website bio, online profile and your spoken introduction (“elevator pitch”) are just different . . . [more]

When my daughters sailed on the tall ships for several summers, the crew had a daily activity called “mandatory fun.” It seems like an oxymoron until you think about it a bit. If you tell people they’re going to have fun, they do.

If you tell people they have to try to resolve their disputes, or else… — they will.

I have had many “full and frank discussions” (a very useful diplomatic euphemism) with fellow commercial lawyers about whether to include mandatory mediation clauses in business agreements.

Those who are vehemently against the idea insist that forced mediation doesn’t work. . . . [more]

The Olympics are coming this summer. Imagine the marathoners winding their way through the city of London. As the camera zooms in on the winner crossing the finish line what do you expect to see? Will he be taking a swig of water and saying “I have to run my second marathon now, where’s the starting line for the next event?” Absurd – right? And yet, when it comes to the gruelling demands of intellectual work it is so easy to forget our physical needs and limitations and expect the equivalent of an endless marathon.

Tony Schwartz has founded a . . . [more]

Initially I was going to write about the latest publishing developments and products post the easter break. But as most of you will know a bombshell hit the legal world earlier in the month: the collapse of Dewey in the US will, I suggest, have long term ramifications for both major publishers in the US market, particularly if partners and employees are owed large sums by the firm. We imagine there are more than a few unpaid bills that will remain unpaid or will be paid back on Greek terms over a very long period of time to publishers, content . . . [more]

Recently while sitting in a packed courtroom in Newmarket agonizingly waiting for my brief ‘speak-to’ matter to be called, I began to question one of our statutory traditions and the grace towards our elders that it mandates.

Don’t get me wrong. Since I was a child it has been ingrained upon me to honour and respect my seniors. I’ve crossed my share of streets hand-in-hand with little old ladies and vacated countless seats on sardine-stuffed subway cars but something about watching counsel be called in order of their year of call smacks of anachronism and inefficiency.

Although not applied in . . . [more]

I have recently had the opportunity to take up a sessional teaching position at the University of Victoria Faculty of Law. Anyone who engages in this type of sessional or adjunct teaching in Canada knows that it is not done for the money (of which there is very little) but for the love of teaching and the opportunity to engage with bright young minds. As I have managed to navigate a successful transition away from the strict practice of law an additional benefit I receive from teaching is a steady stream of students who seek my thoughts on career planning . . . [more]