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Archive for the ‘Practice of Law’ Columns

Courtroom Two and Courtroom One

(Based on a two-day visit to Nairobi in June 2013)

Malimani Courts, Nairobi. Fate leads us past a sign that says “Courtroom 2”. We decide to walk in and bow to the judge and the national coat of arms on the wall behind her. She does not show that she notices us. All we see is her head behind a high desk that cuts across the whole breadth of the courtroom. A Justice Being separated from the ordinary world. The registrar and the prosecutor are seated at a table in the middle of (and under) the judge’s wall. To the . . . [more]

Posted in: Practice of Law

Fear of Discovery

This past February I came out of the closet! A closet that many many people stay in and are afraid to step out of.

At the Mid-Winter Meeting of the CBA I was to report to Council. Instead I told them a story.

It was a story about a man becoming enraged when cut off while driving on a freeway who then chased after the person that cut them off and was stopped for excessive speeding. When the police officer came to the window of the vehicle the man was shaking. He was going fast enough that his vehicle could . . . [more]

Posted in: Practice of Law

Low Interest Rates Are Bad for Insurers and That Might Be Bad for You!

Low interest rates are great if you are borrowing money, but not so great for an insurance company trying to make a profit. That might also be bad for you because it leads to higher rates. To understand why lower interest rates are bad for insurers, you need to know how these companies make a profit.

If you own a typical permanent life insurance policy (lifetime coverage) and did a straight present value calculation of the premiums you can expect to pay during your lifetime, the total will be less than the death benefit. If the insurer is not collecting . . . [more]

Posted in: Practice of Law

Perfectionist or High Performer? Which Are You?

Mark the commercial litigator was constantly writing down his bills because of his “leave no stone unturned” approach to research and preparation of his files.

Krista was always late with her time entry. She would hold off releasing it until the very last minute for fear of missing some small detail.

Trent has a desk piled high with filing because he is always waiting for the right time to tackle it all in one go.

What do Mark, Krista, and Trent have in common? They are all perfectionists.

I had a good discussion today about perfectionism with Derek LaCroix, QC, . . . [more]

Posted in: Practice of Law

Do You Know What It Takes to Be a Firm Leader?

About five years ago I developed and began co-facilitating a special one-day workshop for brand new firm chairs and managing partners to help them prepare for taking on the enormous role of becoming their firm’s leader. This opportunity came about as a result of my having been engaged back in 2004 by a long-time client, an AmLaw 100 firm, to assist the Board in its selection of the next full-time managing partner and to then help that individual get comfortable in his new role.

What I quickly discovered was that most professionals have a naiveté about the skills and knowledge . . . [more]

Posted in: Practice of Law

Motherhood and the Road to Partnership

On Mother’s Day, I sat down to write this blog – and reflected on the extra challenges that women associates still face in making it to partner. This is despite the fact that most law firms have generous maternity leave policies. From the firm’s perspective, their greatest challenge in developing more women partners is the loss of very good senior women associates from the partnership track, particularly at the six year call level – just when firms are considering associates for partnership. Why is this? It is not because women lose interest in becoming partners after six years of call, . . . [more]

Posted in: Practice of Law

The “W” Word

I billed 2,400 hours last year because I have the perfect work-life balance.

Since its adoption into mainstream North American vocabulary in 1986, the term “work-life balance” has caused hypertension in and the impression of decreased work-ethic by senior lawyers and firm managers. Its use by an applicant in an interview is usually fatal. Yet firms spend thousands of hours and dollars seeking the Holy Grail for law firm management: equilibrium between “work-life balance” and business interests. Why? Because “work-life balance” equates to associate retention.

With all the focus on work-life balance, why have so few managed to achieve the . . . [more]

Posted in: Practice of Law

“Get Your Head Out of the Boat”

I used to race our sailboat, a 35-footer (11 meters) that required a crew of about nine to be competitive. When I helmed, or steered the boat, I would sometimes drag down our performance with three common mistakes:

  1. Not good enough as a sailor
  2. Tried to do too much
  3. Didn’t get my head out of the boat

Project managers often fall prey to the same three mistakes in the context of project management.

Insufficient Skill

I wasn’t a terribly good racing sailor. Indeed, none of our regular crew, equally busy-with-real-world-jobs colleagues, were that good. Over time, we learned to deal . . . [more]

Posted in: Practice of Law

Fishing Justice in Yemen and the Limited Value of Grand Design

Sunday morning 3:30 a.m. and my head finally hits a cushion. I have just done an Amsterdam – Istanbul – Sana’a in 11 hours. By Tuesday evening I have been totally submerged in Yemen, even though I do not speak Arabic. To compensate, I have become very sensitive to all other forms of communication: the voice of my interpreting colleague, the pronunciation of the few that speak English, and the sounds and body movements of those I communicate to.

The Minister of Justice, traditionally dressed, welcoming me in the name of Allah the Merciful, together with his ministry colleague, the . . . [more]

Posted in: Practice of Law

“Lean In”: Why Sheryl Sandberg’s Book Matters

It was a toss up this time whether to write about the media controversy around Yahoo CEO Marissa Mayer’s cancellation of telecommuting and the subsequent criticism that she has betrayed women in the workforce, or to jump into the hot debate around Facebook COO Sheryl Sandberg’s new book “Lean In” on how women can overcome internal barriers that can keep women out of leadership positions. 

However, after downloading the Sandberg book the day it was released and reading it in two days, the topic for this column became an easy choice. The many, many book reviews, columns and blogs debating . . . [more]

Posted in: Practice of Law

The Hurdles to Initiating Change

Firms are navigating a tough financial climate, suppressed growth rates, and declining demand. Previous downturns have been transitory, as the industry has been able to recover within a few years. However this time the landscape has changed and the legal sector is not expected to return to previous levels of growth for a long time. Whatever kind of economist-speak you prefer, there’s no getting around the fact that now is a scary time to be a firm leader. Whether you choose to call it the digital age, the knowledge economy, or even “the New Normal,” it seems clear that we . . . [more]

Posted in: Practice of Law

The Resilient Lawyer

Janice has hit her stride. She has a busy practice in a speciality area of law at a large regional law firm. She is actively involved in the administration of her firm and weaves regular client development activities into the work day. She and her husband Nick, a corporate lawyer, have two young elementary school children. Janice is enjoying her family life and her legal practice. She would be the first to tell you that she feels stretched and like she is “acing” neither of these important areas of her life but she does have the sense that she is . . . [more]

Posted in: Practice of Law

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