We complete surveys on a daily basis. You get assistance from Microsoft Support and they immediately ask you to complete an online survey. William Dalrymple and Anita Anand, the hosts of one of my favorite history podcasts, Empire, are currently asking their listeners to complete a survey to provide feedback on the show. You buy a product and get an email asking for a review, which is essentially a survey on the product. But it’s a crazy idea in law, am I right?

For those in private practice, sending a survey to your client about how much they liked . . . [more]

Across Canada, our justice system is under attack. In British Columbia, the New Democratic Party is erasing the law society, eliminating with it the independence of lawyers. In Alberta, the United Conservative Party sought to cease funding to legal aid – which funds individuals and families who stand at and below the poverty line and cannot afford justice otherwise – and continues to negotiate further oversight and restrictions to limit its reach. In Manitoba, the New Democratic Party removed a politician from caucus when it was discovered he had a connection to a lawyer who represented an accused, despite breaking . . . [more]

A recent article in an American legal periodical highlighted what I believe is the irreconcilable problem with large full-service law firms in that market. The title — “Tensions Ripple Through Partnerships As Law Firm Culture Shifts to Bottom Line Focus” gives away the plot, but a couple of illustrative excerpts are worth sharing:

More law firms are moving to adopt a business-first approach, shifting away from traditional demands on firm partners. At Skadden, Arps, new firm leader Jeremy London has begun requiring their partners to put together business plans laying out their plans for high performance. … “

There’s a lot of talk, grumbling, and bemused head-scratching in law firms these days among partners of a certain age who lament the younger generation of lawyers who are so good at saying no and preserving their nights and weekends for pursuits other than legal work.

What is certain is that the commanding leadership style of previous generations – I will tell you to jump, and you ask how high – are not getting the results they used to.

While it is easy to lament the current younger generation, adapting one’s leadership style is likely to yield better results.

Case . . . [more]

Quit the AI theatrics and get on with the business of legal service.

I’ve had it. Had it with the legal industry’s incessant blither blather, adjective-laden hyperbole, and histrionic pearl-clutching – hello, law firms – pertaining to the perils and rarely the pluses of artificial intelligence.

The continuous and roiling notions around AI, its impact on the legal market, and how services will need to be offered, provided, and priced strikes me as a crazy collision of Marx Brothers movies, “A Day at the Races” and “A Night at the Opera.” Wacky, zany, and clear over the top.

AI will . . . [more]

I recently listened to an audio book called The Art of Communicating by Thich Nhat Hanh.

I have read various books by this world renowned speaker and teacher of mindfulness, and I highly recommend reading or listening to some of his work.

I consider myself well versed in the art of communication. I have read many books and articles on how to improve communication in various settings. However as I listened to this audio book, I realized that my view of communication was very one sided.

It seems that most of us think that communication is the way we verbally . . . [more]

Children dressed in suits, we drive silently. The one kid slides in a cassette tape and I hear it for the first time, a song I will listen to for the rest of my life in a trance, o’ let the sun beat down upon my face, as I look out the window. I don’t know the song and I want to ask but the music fills the space and there is no other space, not for speaking, not for laughing, not for crying.

We step into the stone building and everyone is there, all in black and white. . . . [more]

Do you know where the word “trial” come from? Its origins date back to the 12th-century French word trier, meaning “try,” “pick out,” or “cull.” By the 15th century, it referred to “an examination before a court” or “putting to proof by examination.”

But interestingly, and not accidentally, by the 16th century the definition of “trial” had grown to include “being subject to affliction or trouble through experience.” Today, it also commonly refers to an “ordeal,” with equally fun synonyms like “hardship,” “suffering,” and “nightmare” — any of which would probably resonate with the average recent litigant.

Trials aren’t . . . [more]

“Jury Duty” is a courtroom spoof-comedy reality show where the only victim is Ronald Gladden, who thinks he’s going to be a juror. Ronald is “picked” as a juror in a civil trial, except he is the only one who isn’t in on the theme of the show. The judge, counsel, fellow jurors, and witnesses are all actors, but Ronald is not. In one scene, the competent plaintiff’s counsel presents a kind of virtual reality reenactment of the scene which is the subject of the civil litigation, and it truly impresses the jurors. The bumbling counsel for the defense does . . . [more]

Shutting down her computer for the day, Mary noticed how anxious she was. Yet again, she had received no feedback on the legal opinion she had drafted for the partner, and she was beginning to worry if her job was in jeopardy.

In law firms, far too often, “no news is good news.” You will hear what you did wrong or badly but are much less likely to hear what went well.

In the demanding field of law, nurturing the growth of junior lawyers is essential for their professional advancement and the firm’s ongoing success. And if you are taking . . . [more]

In my last post, “The Potential for Reducing Claims with Plain Language”, I noted that poor communication is a leading cause of professional liability claims against lawyers. Convoluted client letters and emails may lead to clients making decisions on matters they don’t fully understand. A plain language approach offers the potential for reducing claims risk for lawyers and their clients in addition to making the law and legal processes more comprehensible for self-represented litigants. Fortunately, a plain language approach in legal training and an increased emphasis on plain language legal writing, including judicial decisions, is underway.

But has . . . [more]

Why be mediocre? Smart strategy developed thoughtfully and executed astutely ignites success that is stratospheric.

Strategy within many law firms is considered optional. These firms prefer to do what they’ve always done, then sweat and bleed to grind out results.

That’s because they choose to play it safe and run with the rest of the competitive herd. But running with the herd does not protect you from harm, it simply makes you one of many.

Playing it safe is a prevalent trait within the risk-averse legal services industry. But how tiresome and dull, not to mention frustrating. This is precisely . . . [more]