Canada’s online legal magazine.

Archive for the ‘Practice of Law’ Columns

Getting From Surviving to Thriving

Ever feel like you were falling behind in all the important areas of your life? As the pace of work shifts into high gear in September it is all too easy to get trapped in survival mode – just working to make it through each day and pushing aside your own personal priorities and objectives. 

I have had many lawyers tell me they feel they are failing at both their jobs in life – as parents and as lawyers. These professionals are men and women from different firms and different parts of Canada. One thing I know for sure is . . . [more]

Posted in: Practice of Law

Advice for Those in Support Positions

I happened to have had lunch with a new marketing professional recently. I spent some time briefing her on the strategic project that I was doing with her firm. During our discussions she asked if I might have any advice for her, given that I’ve spent three decades working with law firms and this was her first foray into professional services.

Now, I’ve heard from a number of business development professionals about how they spend far too much of their time having to justify their existence at their firm; how no one knows or appreciates the contribution that they are . . . [more]

Posted in: Practice of Law

The 2.0 Law Practice

Despite the advent of Smartphones (Blackberry, iPhone, etc.) and the many ways they facilitate our lives (i.e. we can now start a car, open a bank account, receive and send e-mails, read the news, etc.), the legal profession still seems to be behind on technology. Although the technology is clearly available, we unfortunately fail to take advantage of its full potential. We have all the tools and gadgets necessary to practice the law from our own homes, without ever even having to physically meet a client or go to court. In fact, the virtual world is less costly, greener, . . . [more]

Posted in: Practice of Law

Reap the Rewards of Volunteering

The highest of distinctions is service to others.

— King George VI

I’ve been fortunate to have been presented with a number of opportunities to volunteer and provide support to many worthwhile organizations and causes since I started practicing as a lawyer while I’ve actually never stopped to consider why I volunteer until now. When I did pause to contemplate my motivation I realized a number of things. My volunteer activities have ranged from volunteering at a music festival, and acting as a moot court judge for a law school, to being on the board of various volunteer organizations such . . . [more]

Posted in: Practice of Law

Mentoring: Important for Men – Crucial for Women

A concern that I hear frequently from women lawyers is the lack of recognition and compensation for those partners – often women – who devote time to building up the human capital in their law firms. This includes time spent mentoring younger lawyers or working on the firm’s education, articling or associate development committees. When it comes to dividing up the partnership profits at the end of the year, it is typically only billable hours and collected revenue that counts and not time spent ensuring a stronger future for the firm. 

For many women lawyers, this is frustrating because mentoring . . . [more]

Posted in: Practice of Law

The Disappointment of Data

Driving the other day, I saw the following electronic highway sign:

Seattle:
Rte. I-90 19 mins
Rte. 520 14 mins

There are only two bridges from Bellevue to Seattle, so I had to choose one of these routes. No-brainer, right? Take Rte. 520 and save five minutes.

Not so fast, so to speak. Seattle’s not a small town. Both these routes lead there, but they leave drivers in very different places. Does “Seattle” refer to where each road enters the city, or to a specific spot? If the latter, where? Depending on where I want to go in Seattle, I-90 . . . [more]

Posted in: Practice of Law

Letting the Clients Decide

How much should you charge for your work? That’s a tough call for any lawyer to make, which is one of the reasons many of us default to a billable-hour system that we know doesn’t really reflect value delivered. So here’s one way to solve that problem: let your client decide how much to pay you.

In case you think that’s ten kinds of crazy, you should know that that’s exactly what UK firm CMS Cameron McKenna is doing. The 300-lawyer firm is making this and similar suggestions the centerpiece of a new marketing campaign that highlights its alternative fee . . . [more]

Posted in: Practice of Law

Practicing Law Like a Man or a Woman?

One of the biggest “aha” moments of my life happened in a self-development course in my mid-30’s when I realized that I didn’t have to practice law like a man in order to be successful. I could be feminine and still be taken seriously. This realization was enormously liberating, as I was able to relax in my own skin and stop trying to be someone I wasn’t. I discovered that a more collaborative and “softer” approach in negotiations or when dealing with opposing counsel was more successful for me than the aggressive male style I had been trying to emulate. . . . [more]

Posted in: Practice of Law

Uprooting Noxious Habits in the Workplace

Markus is a successful lawyer who does great work for clients and who burns out assistants on an annual basis with sarcastic comments and angry outbursts. Jeffrey is a managing partner who likes to lead his firm like a drill sergeant at boot camp. 

I am on a mission to contribute to making our law firms better places to work. One of the big questions I keep grappling with is why do smart, talented, hard-working, ethical people – lawyers – make such a mess out of management? 

One of the answers is found in one of the best reads on . . . [more]

Posted in: Practice of Law

The Real Risk of an Economic Death

Economic Death occurs when a prolonged disability prevents you from earning a living and you have no other source of income. You are still alive, but have been become a financial burden on your family, friends and society. This can have a profound impact on you and your family’s future and for some it’s a fate worse than death. 

Think the risk is low? You may be surprised to learn that during your working years, the odds of suffering a disability are much greater than the odds of dying prematurely. According to actuarial tables, between ages 35 to 65, 3 . . . [more]

Posted in: Practice of Law

2 Txt or Not 2 Txt

About a month ago, I gave up my private practice to accept a position as in-house counsel. It posed an interesting challenge, both logistically and professionally. Logistically in the sense that I now had an office full of furniture, files, equipment and knick-knacks that had to be either dispersed or stored, and professionally in that my new employer’s industry (mining services) was almost completely foreign to me. 

It turns out that both the logistic and professional challenges are proving a bit easier to manage than I had initially thought (which is certainly a relief). However, some new issues are arising . . . [more]

Posted in: Practice of Law

Are You Being Afflicted by Strategy Viruses?

In these past months I’ve been very busy facilitating the strategic planning process for a number of major firms. In every instance the firm has selected a number of well-intentioned partners to serve on their Strategic Planning Committee. And in nearly every instance I have witnessed these Committees, at some point in the process, being inflicted with one of a number of disabling symptoms of what I have come to label as ‘strategy viruses.’ Here are six of the most common:

Inside In

This is the tendency to focus on ‘what we do’ and not on ‘what the client . . . [more]

Posted in: Practice of Law

3li_EnFr_Wordmark_W

This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada