May El-Abdallah / Excerpted from LAWPRO Magazine, Student Issue #1, 2012

Law school can be a steep learning curve, and stepping into the world of practice can seem even more daunting. One of the most common complaints I hear from recent graduates is that they feel under-prepared to deal with the day-to-day realities of practice that they are confronting as articling students or recent calls.

While there may never be a substitute for hands-on learning, here are a few lessons my colleagues and I wish we had learned in law school to make the transition into the world of ‘lawyering’ . . . [more]

by Jenna Marie Pilon

[footnotes omitted; available on request]

Introduction

A Canadian lawyer must respect the requirements of human rights laws and not deny services to persons by discriminating on the ground of sex. However, lawyers may refuse services to clients who cannot pay. This lawful principle, when combined with the cost of civil litigation and the demographic reality that it is predominantly women who experience poverty and sexual assault, results in adverse discrimination that prevents this group from accessing civil justice.

What is the Access to Justice Problem?

Currently, there are approximately 90,000 lawyers in Canada. Despite this growing . . . [more]

The following article by Nora Spinks, president of Work-Life Harmony Enterprises appeared in the Winter 2008 edition of LAWPRO Magazine. The original article also features sidebar interviews with law firms that are making great efforts to address the issue of changing demographics in the workplace.

They, them, those … each generation assessing the others. Generational diversity is quickly becoming one of the top stressors in organizations. With five distinct generational characteristics mixed with other elements of diversity including gender, culture, ethnicity, language, experience etc., the complexity of our workforce has never been greater.

Historically, there were three distinct generational . . . [more]

Excerpted from LAWPRO Magazine, Student Issue #1, 2012

What is professional liability insurance?
Professional liability insurance is designed to indemnify lawyers against the consequences of a lawyer’s liability for a client’s loss. For this reason, only lawyers in private practice are subject to the mandatory insurance requirement.

What is private practice?
Private practice, for the purpose of LAWPRO’s insurance program, is the delivery of professional services (including advice) to anybody who is not the lawyer’s employer. . . .

What kinds of lawyers are exempt from the mandatory insurance requirement?
In general, lawyers working as in-house counsel, who are employed by the government, . . . [more]

by Mona Zarbafian

Chicago lawyer Corri Fetman’s “Life’s short. Get a divorce” marketing campaign is a combination of sexualized images and suggestive slogans that influence a greater market than solely potential divorce-seeking couples. In her quest to deviate from the stereotypical image of legal advertising, Fetman has linked the legal profession to the sex industry; furthermore, she has implemented a marketing strategy that violates ethical codes of conduct, encourages litigation, and diminishes confidence in the legal profession. Although these violations have resulted in individual gains for Fetman, broader collective ramifications for the legal profession are at stake.

There . . . [more]

The following article appeared in the December 2009 edition of LAWPRO Magazine.

Although social media sites offer lawyers many interesting new ways to interact with people in both personal and work spheres, there are some risks associated with using them. Some of these risks are obvious, some are not.

Before they venture into social networking, lawyers should consider Section 5.5 of the Law Society’s Practice Management Guideline on Technology (“Technology Guideline”). It states, “Lawyers should have a reasonable understanding of the technologies used in their practice or should have access to someone who has such understanding.”

This article will . . . [more]

by Wendy L. Werner / Excerpted from LAWPRO Magazine, Student Issue #1, 2012

On the face of it, interviewing should not be all that difficult – particularly for lawyers. As members of a profession who primarily make their living either writing or speaking, the idea that having a conversation about your interests and abilities in your own profession sounds both logical and easy.

But throw the words “job interview” into the mix and a whole new paradigm emerges. With seemingly so much at stake, job interviews take on a new meaning for people who ordinarily would not shy away from . . . [more]

by Marlon Simmons

On the night of August 21^st 1931, the town of Maycomb stood still. In the segregated court of the small Alabama town, an all white male jury tried an African-American man by the name of Tom Robinson. Represented by a white lawyer Atticus Finch, Tom Robinson was found guilty of raping a white woman and was later shot to death after he allegedly attempted to flee. The trial unfolded in a gripping way in Harper Lee’s To Kill A Mockingbird.

The film gives us an epoch entrenched in bigotry and institutionalized racism. At the surface level . . . [more]

There is a lot to think about beyond substantive law when you are starting a law practice. With that in mind, under the practicePRO banner LAWPRO has created the New Lawyer Resource page containing what we feel are the best resources we have to offer to new and soon-to-be-lawyers.

The page has two aims: 1) to help newly minted lawyers understand more about things like managing a practice, client relations, practice finances, marketing, and legal technology; and 2) its an introduction to the risk and practice management articles, precedents, checklists and other materials practicePRO offers to lawyers.

From a claims . . . [more]

Excerpted from LAWPRO Magazine, Student Issue #1, 2012

There isn’t a simple magic formula for mapping out a career in law. You will make some decisions on where you would like to go, but there are many things outside your control which will impact on where you will end up. Factors such as economic conditions, personal circumstances, where you articled and even a bit of luck will affect the career path you will follow.

This article outlines some tips and self-assessment questions that will help you find your way to a satisfying and successful legal career.

1. Ask yourself what . . . [more]

by Vanessa Mui

According to the Chief Justice of Ontario’s Advisory Committee on Professionalism, the building blocks of professionalism include scholarship, integrity, honour, leadership, independence, pride, spirit and enthusiasm, collegiality, service, and balanced commercialism. “Spirit and enthusiasm” (S&E) is undervalued in ethical rules that regulate and inspire lawyers.

What constitutes “spirit and enthusiasm”? The term “spirit” is mentioned in the Federation of Law Societies Model Code of Conduct but the rules are of no help in explaining how lawyers should exemplify spirit in their daily work. A word search in the Rules for “enthusiasm” turned up nothing. Additionally, “spirit” . . . [more]

I have been privileged to teach legal ethics at the University of Ottawa and before that at Osgoode Hall and U of T. I love teaching legal ethics because students have fresh and valuable perspectives on so many important issues in the legal profession. Legal ethics is a branch of “professional ethics”, special ethical rules that apply to members of a profession. What we think it means to be “a good lawyer” , “a good soldier” or “a good doctor” may differ from society’s general understanding of what it means to be “a good citizen”. In legal ethics we struggle . . . [more]