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Archive for the ‘Practice of Law’ Columns

Three Thoughts About Legal Services Pricing

The 2025 Edition of the “Report on the State of the US Legal Market,” from the Thomson Reuters Institute and the Center on Ethics and the Legal Profession at Georgetown Law, is a pleasantly comfortable variation on this longstanding publication’s familiar theme of “Large American law firms make astonishing amounts of money but would still benefit from running even slightly like actual businesses.” Receiving a new version of this report and its consistent message every January is a welcome new year’s rite of passage.

One slightly more noteworthy aspect of this year’s edition is a section whose title asks: “Does . . . [more]

Posted in: Practice of Law

The Growth-Minded Lawyer: Turning Challenges Into Opportunities

Imagine being offered a career-defining opportunity—one that could catapult your skills and confidence to the next level. Now, imagine turning it down, not because you lack potential, but because you fear falling short. This scenario is more common than you think, and the difference between seizing such opportunities and walking away often comes down to mindset. Are you operating from a fixed mindset, where abilities feel set in stone, or a growth mindset, where every challenge is a stepping stone to improvement?

Here is what this looks like in legal practice: Samantha is comfortable behind the scenes, the partners are . . . [more]

Posted in: Practice of Law

Reconciling the Need for Empathy With Low EQ

Several of my posts this year have focused on the importance of plain language for our profession. Good, clear communication is a vital component of client management as it helps us better understand our client’s needs and enable the client to make informed decisions. On the other hand, poor communication is a leading cause of professional liability claims against lawyers.

Understanding who your audience is and ‘stepping into their shoes’ is a key. In my last post, Good Communications: Don’t Forget Generational Considerations, I focused on the impact of generational differences and preferences. This is only one factor when . . . [more]

Posted in: Legal Information, Practice of Law

Strategic Growth in the Legal Services Market – Expansion or Contraction?

Strategic and profitable growth has nothing to do with size. Instead, it has everything to do with market positioning.

[This is Part Two of a two-part series on Strategic Growth in the Legal Services Market and the foundation for the second half of my September 2024 keynote address to the Alberta Civil Trial Lawyers Association in Calgary.]

I noted in my final thoughts of Part One that evolution in the global legal services market has been upon us for well over three decades. Also, that shifts within the staid and traditional legal services industry have been accelerating more fiercely over . . . [more]

Posted in: Legal Marketing, Practice of Law

Stories

Hello my friends.

Recently I went to a health food store and needed some advice about a particular product.

The salesperson was very kind and was able to help me in making a decision.

During our conversation, we somehow got on the topic of post pandemic mental health. She said that after Covid lockdowns were finished, most people went back to “normal”, but no one is really feeling like their pre-pandemic selves.

As I pondered about what she said, I realized that in an effort to get on with our lives, we ran out the door, forgetting to put on . . . [more]

Posted in: Practice of Law

AI’s Impact on Law: Why the Transformation Narrative Is Overstated

A common message we hear today is that AI will soon bring about sweeping changes to the practice of law, making us so much more efficient that we’ll have plenty of time for other things.

I’ve kept my finger on the pulse of AI since ChatGPT appeared in 2022. I’m a heavy user of AI as a law professor and part-time criminal lawyer. I’m constantly experimenting with it and dazzled by its capabilities—you won’t find a bigger fan of AI.

But if there’s one thing that’s clear, it’s that AI will not transform the practice of law. Far from it. . . . [more]

Posted in: Legal Technology, Practice of Law

2024 Year in Review

It has been a year of paradoxes and extremes. From economics to politics, global phenomena have spread onto our shores. Populism, strongman tactics, fear of the other, class division, and the marching forward of technological progress all put their stamp on our profession.

Bulls and Tent Cities

Economically: the TSX roared to a 20% return and Bay Street salaries continued to grow north of $130,000 for first year associates. But stalwart Minden Gross shut down, proving again the fickle nature of partnerships. Main street lawyers turned away clients as the rural exodus grew, and despite growing costs, resulting in less . . . [more]

Posted in: Practice of Law

Thumbs Up to Using Visuals in Contracts: How Visuals in Contracts Will Survive Court

For many legal practitioners, the thought of a visual contract is terrifying. Afterall, without all the flowery legalese, how will a court know how to interpret the contract? Except that the traditional approach to contract drafting is changing as drafters increasingly focus on clarity. Clarity can come in many forms: plain, uncomplicated language, white space and the strategic use of informational design like fonts, underlining, and highlighting to illustrate important elements. The hold-up to greater adoption appears to be based on risk and concern about a court’s interpretation, which often means that contracts are written by lawyers for other lawyers . . . [more]

Posted in: Practice of Law

Why Law Firms Can’t Help but Bill by the Hour

In law firms, lawyers are everything. They do everything: They are the owners of the firm, and they’re also its officers and directors, but they’re also its managers and supervisors, and wait, they’re its workers too, and they set all the rules and make the policies and create the culture.

The only thing lawyers don’t do in law firms is the stuff they consider beneath them, the clerical and support work. I’ve said before that these entities should really be called “lawyer firms,” because that’s what they consist of and what they’re organized around. The molecular building block of a . . . [more]

Posted in: Practice of Law

CJC AI Guidelines for Canadian Courts Leave Room for Improvement

The Canadian Judicial Council (CJC) has released its “Guidelines for the Use of Artificial Intelligence in Canadian Courts” (CJC Guidelines), which represent a significant step towards integrating artificial intelligence (AI) into the Canadian justice system. This article evaluates the CJC Guidelines, analyzing their strengths, weaknesses, and potential implications. Given my experience drafting similar guidelines, I offer constructive recommendations for improvement, focusing on practicality, comprehensiveness, and responsiveness to the unique challenges of AI adoption in Canadian courts.

Practicality and Usefulness of the CJC Guidelines

The CJC Guidelines are undoubtedly useful in laying a conceptual groundwork for AI adoption in . . . [more]

Posted in: Legal Technology, Practice of Law

Good Communications: Don’t Forget Generational Considerations

In November, I’m presenting to law students about plain language and the importance of good communication. As always when preparing for a presentation, my first consideration is ‘who is my audience’ and ‘how best can I deliver my message to this audience’. In this circumstance, who my audience is and the impact on their communications has become the message.

The majority of these students will be in their mid to late 20s: Millennials on the upper end and Generation Z on the lower end. In the 20 years since I graduated with my fellow Gen Xers, communication channels, styles, preferences . . . [more]

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

Strategic Growth in the Legal Services Market: What’s Next? How Do We Cope?

“Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it.” – Ferris Bueller, Ferris Bueller’s Day Off.

[This is Part One of a two-part series on Strategic Growth in the Legal Services Market and the foundation for the first half of my September 2024 keynote address to the Alberta Civil Trial Lawyers Association in Calgary, Alberta.]

In 2008, a global financial crisis considered the worst since the Great Depression of the 1930s marked the end of the traditional law firm’s 20-year bull run.

Since then, life in the global legal services . . . [more]

Posted in: Legal Marketing, Practice of Law

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