For many lawyers, their workdays could best be described as chaotic, out of control or constant crisis management. They arrive at the office with no clear plan about how they are going to spend the day but just let the day unfold responding to each email or phone call as it appears. While their day may be productive and billable as this is all work needing attention, the feeling that all they are doing is putting out fires can be very frustrating.

Over the long term this type of crisis management means that matters requiring blocks of time do not . . . [more]

Ten years ago, when we had our first child, my wife and I bought a $1,000 video camera that had many features. One of these features was an infrared capability that allowed us to take videos of our sleeping child at night. We used the feature once and then we never looked at it again. Today, with our third child, our video camera sits on the shelf gathering dust and we use our iPhone to take videos.

The iPhone camera app does not have a fraction of the features of our video camera but it is convenient to use and . . . [more]

There are three ways to approach a skillset such as project management:

1. Have a specific rule to apply for every imaginable situation.
2. Analyze every situation anew, based on what you know.
3. Have a set of core principles that you apply as you recognize situations.

Let me offer an analogy. Let’s say I want to program a computer to play tic-tac-toe. I could do so using each of the three approaches above.

1, By rule: Tic-tac-toe is a simple game. There are only nine possible moves to start the game. For each opening move, there are but 8 possible responses, and . . . [more]

You’ve probably seen the movie by now, and you might even have read the book; in either case, you’ve likely seen the clear potential for the application of Moneyball principles to the legal market. Several smart observers (and one not-so-smart) have already seen it and written about it, including Paul Lippe, Patrick J. Lamb, Lisa Salazar, and the good folks at Lawyer Metrics and the Harvard Business Review. I recommend all these articles to you and encourage you to adopt the “thinking differently” approach that they embody.

For myself, I want to write what will . . . [more]

“People don’t leave jobs they leave leaders.”

This comment came at the end of a training session with leadership coach Troy King and it stuck with me. In all the discussions I have sat in on, overheard and read in the legal press about the retention of associates never have I heard this idea put forward with such blunt clarity.

I take everything Troy says with consideration. As a Master Certified Coach, and Canadian Coach of the Year in 2010 he is pretty much a Yoda of the coaching profession. I decided to call Troy up to learn more about . . . [more]

The newspaper reported on the Labour Day weekend that September is one of the busiest months for family lawyers. Tense spouses see the kids back to school and finally call their lawyer to initiate legal proceedings that were put on hold over the summer.

Most of us are conditioned to think of the Tuesday after Labour Day as the start of the New Year. For years, the return to school meant new teachers, friends, courses, crayons and even new clothes. January 1^st, stuck in darkest winter seems to be the wrong time of year to think about fresh . . . [more]

Studying or writing about your peer group can be a daunting and sometimes professionally hazardous task. For evidence of this, consider well-respected consultant and legal futurist Richard Susskind whose early work “The Future of Law” was met with considerable skepticism and even derision in some legal circles.

Despite the hazards, inherent in such an endeavour I could not help myself recently but to accept such an assignment that tasked me with the performance of an analysis and the development of a framework for the engagement of consultants in an industry in which I myself am a consultant. The task for . . . [more]

The possibility of losing any portion of your benefit due to your insurer’s insolvency has probably never crossed your mind. Why should it? After all, we live in a country with a carefully regulated and stable financial services industry. As a result, I think it’s unlikely that your insurer will become insolvent. However, there is a risk, albeit a very small one, and it has happened three times.

In 1992, Les Coopérants became the first Canadian insurance company to become insolvent. This was followed by Sovereign Life in 1993 and Confederation Life in 1994. This affected over 1.1 million Canadian . . . [more]

I witness this same scenario play itself out, time after time, and we never seem to learn.

Imagine this: The practice group leader or managing partner has their attention drawn to the fact that one of our beloved partners is underperforming. This leader knew that the particular partner was underperforming. It didn’t come as a shock. But they were content to let the situation drift without resolution, rather than have to confront the ugly reality of the circumstances. But today we have the facts thrust before us and now something must be done.

Our devoted leader, unaccustomed to having to . . . [more]

My experience to date with legal knowledge engineering has consisted of using decision trees to automate legal documents in a field known as document assembly. I have never done hard coding or played with expert system shells. Indeed, there are not many of them to play with. The only ones I am aware of are those developed by Neota Logic (formerly Jnana) and RuleBurst (since acquired by Oracle).

So it was interesting to meet Dr. Pamela Gray, a legal knowledge engineer from Charles Sturt University, and her son Xenogene Gray, a computational physicist. Together they have developed a legal . . . [more]

A newly minted partner that I know, was hit with the realization that while she has a robust group of clients, she can no longer look to her firm to send her work as they did when she was an associate. Lisa knows that developing new business is now completely up to her. She also now has a responsibility to make sure that associates in her medium-sized firm are given sufficient work that they too are profitable.

When Lisa looks at her marketing plan, it includes all the right activities. She regularly contacts existing and old clients. She gives client . . . [more]

The most recent Canadian Bar Association annual meeting just wrapped up in Halifax, and while I missed this one, I attended many previous editions (more recently called Canadian Legal Conferences) while with the CBA. 

At each CLC, I came to notice, Chief Justice Beverly McLachlin’s keynote address could always be counted on to include a call for the legal profession to do more pro bono work. I suppose the fact that this is an annual request from the chief justice indicates that it’s not generating the results she might like to see. 

But it does illustrate the fact that . . . [more]