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Archive for the ‘Practice of Law’ Columns

Building EQ With Therapeutic Communication

In my last post, Reconciling the Need for Empathy with Low EQ, I stressed the importance of empathy for effective communication. Empathetic lawyers can understand their client’s emotional state and perspective, allowing them to tailor their communication style and explain legal jargon in a comprehensible way. This results in higher client satisfaction and likely less errors.

Strong emotional intelligence is needed to be an empathetic communicator. However, studies show that many lawyers, me included, don’t naturally have high emotional intelligence. This is a skill that can be learned and honed, but how exactly?

In my quest for self-improvement I’ve . . . [more]

Posted in: Practice of Law

The Wellness Lawyer: “ABRACADABRA”

Seeing the title of this article, you may all think that maybe I am made a mistake regarding the topic. However, please let me assure you that this is not a mistake and with your indulgence, I will explain.

When my youngest child was a toddler, I had a hard time teaching her to say “thank you.”

Every time I would give her something and then ask: “what’s the magic word?” she would respond “abracadabra.”

This was quite funny, but I had to maintain my serious mom face as I did not want to raise a person who was not . . . [more]

Posted in: Practice of Law

Big Four Fear Is Unfounded

Fearmongering and fretting about impacts of the Big Four on the legal services sector are the equivalent of tilting at windmills and just as pointless.

I’m tired of overheated headlines and breathless reporting. No, I’m not talking about the trials and tribulations of tariffs and trade. I’m talking about the handwringing and blathering around KPMG’s successful application to practice law in Arizona.

For the love of all that’s holy, handwringers and blatherskites – knock it off.

Scaremongering and Stress

Many lawyers are triggered by fear. Anyone who deals with lawyers in any way, shape, or form knows that the . . . [more]

Posted in: Legal Marketing, Practice of Law

Swipe Right on Empathy: The Key to Legal Design Success

What was the last good first date you had? There may have been an element of physical interest, but it is highly likely it was a “good” date because it lasted for hours, and the longer you spoke, the more interesting you found the other person, and vice versa. Maybe the conversation didn’t start off strong, but at some point you hit on a topic that you both found interesting. You found common ground and that led to connection. It is also likely that the date was better because it involved a “ping-pong” style of conversation. You asked the right . . . [more]

Posted in: Practice of Law

Three Thoughts About Legal Services Pricing

The 2025 Edition of the “Report on the State of the US Legal Market,” from the Thomson Reuters Institute and the Center on Ethics and the Legal Profession at Georgetown Law, is a pleasantly comfortable variation on this longstanding publication’s familiar theme of “Large American law firms make astonishing amounts of money but would still benefit from running even slightly like actual businesses.” Receiving a new version of this report and its consistent message every January is a welcome new year’s rite of passage.

One slightly more noteworthy aspect of this year’s edition is a section whose title asks: “Does . . . [more]

Posted in: Practice of Law

The Growth-Minded Lawyer: Turning Challenges Into Opportunities

Imagine being offered a career-defining opportunity—one that could catapult your skills and confidence to the next level. Now, imagine turning it down, not because you lack potential, but because you fear falling short. This scenario is more common than you think, and the difference between seizing such opportunities and walking away often comes down to mindset. Are you operating from a fixed mindset, where abilities feel set in stone, or a growth mindset, where every challenge is a stepping stone to improvement?

Here is what this looks like in legal practice: Samantha is comfortable behind the scenes, the partners are . . . [more]

Posted in: Practice of Law

Reconciling the Need for Empathy With Low EQ

Several of my posts this year have focused on the importance of plain language for our profession. Good, clear communication is a vital component of client management as it helps us better understand our client’s needs and enable the client to make informed decisions. On the other hand, poor communication is a leading cause of professional liability claims against lawyers.

Understanding who your audience is and ‘stepping into their shoes’ is a key. In my last post, Good Communications: Don’t Forget Generational Considerations, I focused on the impact of generational differences and preferences. This is only one factor when . . . [more]

Posted in: Legal Information, Practice of Law

Strategic Growth in the Legal Services Market – Expansion or Contraction?

Strategic and profitable growth has nothing to do with size. Instead, it has everything to do with market positioning.

[This is Part Two of a two-part series on Strategic Growth in the Legal Services Market and the foundation for the second half of my September 2024 keynote address to the Alberta Civil Trial Lawyers Association in Calgary.]

I noted in my final thoughts of Part One that evolution in the global legal services market has been upon us for well over three decades. Also, that shifts within the staid and traditional legal services industry have been accelerating more fiercely over . . . [more]

Posted in: Legal Marketing, Practice of Law

Stories

Hello my friends.

Recently I went to a health food store and needed some advice about a particular product.

The salesperson was very kind and was able to help me in making a decision.

During our conversation, we somehow got on the topic of post pandemic mental health. She said that after Covid lockdowns were finished, most people went back to “normal”, but no one is really feeling like their pre-pandemic selves.

As I pondered about what she said, I realized that in an effort to get on with our lives, we ran out the door, forgetting to put on . . . [more]

Posted in: Practice of Law

AI’s Impact on Law: Why the Transformation Narrative Is Overstated

A common message we hear today is that AI will soon bring about sweeping changes to the practice of law, making us so much more efficient that we’ll have plenty of time for other things.

I’ve kept my finger on the pulse of AI since ChatGPT appeared in 2022. I’m a heavy user of AI as a law professor and part-time criminal lawyer. I’m constantly experimenting with it and dazzled by its capabilities—you won’t find a bigger fan of AI.

But if there’s one thing that’s clear, it’s that AI will not transform the practice of law. Far from it. . . . [more]

Posted in: Legal Technology, Practice of Law

2024 Year in Review

It has been a year of paradoxes and extremes. From economics to politics, global phenomena have spread onto our shores. Populism, strongman tactics, fear of the other, class division, and the marching forward of technological progress all put their stamp on our profession.

Bulls and Tent Cities

Economically: the TSX roared to a 20% return and Bay Street salaries continued to grow north of $130,000 for first year associates. But stalwart Minden Gross shut down, proving again the fickle nature of partnerships. Main street lawyers turned away clients as the rural exodus grew, and despite growing costs, resulting in less . . . [more]

Posted in: Practice of Law

Thumbs Up to Using Visuals in Contracts: How Visuals in Contracts Will Survive Court

For many legal practitioners, the thought of a visual contract is terrifying. Afterall, without all the flowery legalese, how will a court know how to interpret the contract? Except that the traditional approach to contract drafting is changing as drafters increasingly focus on clarity. Clarity can come in many forms: plain, uncomplicated language, white space and the strategic use of informational design like fonts, underlining, and highlighting to illustrate important elements. The hold-up to greater adoption appears to be based on risk and concern about a court’s interpretation, which often means that contracts are written by lawyers for other lawyers . . . [more]

Posted in: Practice of Law