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Archive for the ‘Practice of Law’ Columns

Tips for Avoiding Catastrophic Language

In my last post, The Dangers of Catastrophizing in Client Communications, I outlined the negative impact of catastrophizing on lawyer well being. While lawyers need to predict outcomes and envision worst-case scenarios, several conditions such chronic pain, anxiety, depression and fatigue are exacerbated by catastrophic thinking. I proposed that our catastrophic thinking could bleed into our client communications and cause them similar harm. We must strike a balance between utilizing our catastrophizing skillset and delivering options to clients in a way that allows them to make informed decisions without causing unnecessary anxiety.

Substituting catastrophic language with more neutral language . . . [more]

Posted in: Legal Information, Practice of Law

The Law Firm Series

My five-part “The Law Firm” series frames issues and proposes solutions to the global legal service market’s juggernaut triplets – Artificial Intelligence, Pricing, and Talent Transience.

For some unfathomable reason, many law firms have tended not to run as businesses, choosing instead to emphasize top line revenue rather than bottom line profitability.

This is one of the reasons why many law firms have historically considered themselves to be successful. Ironically, it is also why law firm mergers and acquisitions have increased with the speed of summer lightning of late as have insolvencies and failures.

The Juggernaut Triplets

The juggernaut triplets . . . [more]

Posted in: Legal Marketing, Practice of Law

The Wellness Lawyer: “Kindness”

I recently watched a movie, and one of the characters, who was bullied, made a very poignant statement.

She said: “If the person who bullied me decided not to be mean, his life would not have changed… however, my life would have been profoundly different.”

It struck me, that those who are unkind, would not lose anything by being kind. In fact, many benefits are derived from showing kindness to others.

However, as we all know, the person who is on the receiving end of the bullying or unkindness, is affected in ways that reverberate for years, and at times, . . . [more]

Posted in: Practice of Law

Where Are the Law Librarians?

In recent years, the number of law librarians in public sector and academic roles has declined. Most notably, the Ontario Ministry of the Attorney General (MAG) has reduced the staff of its Toronto-based law library to the point that, as of sometime in 2025, it no longer has a professionally staffed law library.[2] In other words, no actual librarians work at the law library of the Ministry of the Attorney General.[3] This deprofessionalization took place quietly and gradually, with no public announcement, no discussion in the legislature, and no opportunity for public scrutiny.

The MAG is not the . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Practice of Law

Canada’s Proposed Financial Crimes Agency: It’s About Time!

I have a vivid memory of being told I was callous for suggesting that an individual who was drafting a Statement of Claim to recover lost funds should instead report their losses to the authorities – they would likely never see their money again. To be fair (to me), they probably never did. That individual’s son convinced them to invest their savings, roughly $14,000, with his friend, a young 20-something crypto-investment “genius” who offered to use his know-how to make them rich, for free (no fees), while offering a 100% guarantee of returns. Sounds exciting! Except, that this situation resulted . . . [more]

Posted in: Practice of Law

The Hidden Economics of the Vanishing Apprenticeship

Two columns ago, I followed the money through a law firm’s student recruitment program and found nearly $500,000 a year in lawyer time and expenses before a single billable hour was worked. Last column, I followed that same money into the delegation of actual work and found that firms were quietly losing much of it back through vague instructions, overworked memos, and write-downs nobody quite wants to talk about.

This column follows that same money to where it gets spent – on the reps junior lawyers used to log before anyone trusted them with something that mattered. Those reps are . . . [more]

Posted in: Legal Education, Legal Marketing, Practice of Law

RECLAIM: I Is for Inclusion

This is the sixth article in my series on RECLAIM, a cultural operating system for law firms built on how human beings are actually wired. Having covered Respect, Equity, Clarity, Learning, and Autonomy, I turn this month to the I: Inclusion.

A few years ago, I coached an associate in the real estate group of a large firm. She could have written a recruiting brochure for her team without exaggerating a word.

The group did the biggest deals in the city, and they knew it. They were proud of the work, and prouder of how they . . . [more]

Posted in: Practice of Law

The Dangers of Catastrophizing in Client Communications

Through my own journey with chronic pain, I am acutely aware of the impact language can have on your health. More specifically, I recognize the role catastrophizing plays in magnifying pain and that simple word substitutions can facilitate healing. It has also triggered a recognition that the language I use with clients may also negatively contribute to their anxiety.

Catastrophizing involves exaggerating the severity of a situation and jumping to the worst possible conclusion. As noted in the recent Psychology Today article, “Catastrophizing”:

Everyone has negative thoughts. But for many people, negative thinking can spin out of control and be

. . . [more]
Posted in: Legal Information, Practice of Law

The Wellness Lawyer: “How Are You?”

How many times have you asked someone , “ how are you?”

Similarly, how many times have you been asked the same question?

If we think about this, the question becomes very mundane and actually quite meaningless.

“How are you?” has become a customary greeting, wherein we don’t expect to receive or give a response that is more than “I am okay.

Recently, after being asked by a friend “how are you?” I realized in mid answer, that this person was not even listening to what I was saying.

I am certain that many of you have found yourselves in . . . [more]

Posted in: Practice of Law

Forum Shopping Could Fix the Delay Problem

Forum shopping, that taboo practice in which a litigant chooses the most favourable jurisdiction to try a case, is generally looked down upon. Indeed, courts frown upon the practice even if the sole reason is to stem delay; that is, that a case can be tried faster in one jurisdiction than another. From a system-wide lens, this challenges common-sense. We need only look in the medical field, where patients can shop for medical services like MRIs, specialists, family physicians, anywhere they like. Yet the courts prefer to treat themselves as islands.

What do we look for in a justice system? . . . [more]

Posted in: Practice of Law

RECLAIM: A Is for Autonomy

In previous articles, I introduced the RECLAIM model as a cultural operating system for law firms and explored the first four elements: Respect, Equity, Clarity, and Learning. This month, I turn to A: Autonomy.

Let me introduce you to Priya.

Priya is a fifth-year associate with a busy corporate practice at a mid-sized firm. She is capable, hardworking, and well-liked by clients. She has recently found her work coming from one partner, and the working relationship follows a pattern. He hands her a file and tells her it is hers to run. Then he rewrites her drafts, . . . [more]

Posted in: Practice of Law

The RECO-iPro Matter: Governance Lessons From a Regulatory Mishap

In late 2025, facing public criticism and scrutiny from a scandal involving its Registrar and a registered real estate brokerage, iPro Realty Ltd. (“iPro”), the Government of Ontario exercised its statutory powers to appoint an Administrator over the Real Estate Council of Ontario (“RECO”). The province’s intervention was dramatic throughout the fall of 2025, but it has since faded from daily headlines. Despite its absence from our daily news feeds, the iPro matter warrants analysis and should serve as a cautionary tale for the hundreds of professional bodies across Canada that operate under delegated administrative authority. If your organization has . . . [more]

Posted in: Administrative Law, Practice of Law

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