Every lawyer who hangs that metaphorical shingle must ask themselves a key question: which is the most appropriate business structure for my firm? This question may be posed at various points in a lawyer’s career. I remember when I was at law school (Queen’s Law, Class of 2007), there were intrepid students who were already laying plans. For myself, I started my business in 2015, after articling at a big firm on Bay Street, working as Staff Lawyer for a community legal clinic and then at a boutique law firm (under a truly terrible owner). For the . . . [more]

I recently met a 1L who is interested in immigration and refugee law. She cold-called my office and I agreed to meet with her. She is well travelled and she has a passion for social justice. She did extensive research into the area and she was well prepared. She asked what she can be doing during her law degree to put herself on good footing for this type of practice. Good question. My first thought was to learn active listening and develop the skills of a social worker. I’ll explain.

We have many (many!) international students and foreign workers who . . . [more]

There has been much chatter on LinkedIn about a new academic article about the Verification-Value Paradox (of GenAI use by lawyers).

The article claims that it is doubtful that GenAI delivers value to lawyers because any efficiency gains are erased by the time spent verifying its output; a framing that the author calls the “verification-value paradox.”

The “paradox” is:

More AI = more verification = less value.

The author admits that this paper is not based on fresh, robust empirical evidence, as he waffles back and forth in much of his discussion of the paradox; essentially stating that GenAI . . . [more]

Many people in the legal sector are working toward making the legal profession, and society as a whole, more equitable, which has led to calls to increase diversity in the legal profession. Employers and educators have tried to achieve more impartiality by integrating quantitative metrics, such as LSAT scores, grades, and litigation statistics, into their selection processes.

This is better than selecting candidates based primarily on criteria like family legacy, but these processes still aren’t perfect. The selection of athletes a a good comparison. Elite athletes are a group of people with well-defined and generally available statistics going back to . . . [more]

Written by Daniel Standing, LL.B., Content Editor, First Reference Inc.

A decision of the Ontario Grievance Settlement Board, 2023 CanLII 115148 (ON GSB), confirms that dishonesty, attempts to shift blame and a lack of remorse are not a winning combination of factors for an employee seeking to overturn a disciplinary measure. In this case, the employee went AWOL for personal reasons, giving the employer a clear path to just cause for imposing discipline. . . . [more]

Ever have those days where you need a smile? Allow me to introduce you to the Smile File. Throughout our careers we may receive letters of encouragement from peers or mentors; well wishes from clients or appreciation about a job well done; experience career milestones; or receive other electronic or written communications that make us smile. Take these communications, letters, well wishes, and milestones and put them into a file folder that you keep – either electronically or in a drawer – and pull them out on those days that you need a smile. On those days, you’ll be able . . . [more]

As lawyers we write a copious amount of memos and opinions. If you’re like me, you often go back to prior memos and opinions when you’re writing new ones. Perhaps it’s to borrow wording or refresh yourself on that particular area of the law, but no matter what you find yourself looking for and relying upon them.

There tends to be two general organizational systems that I’ve come across with respect to referencing these at a later date. One is the “random memory” approach – which functions like it sounds. It involves relying on your memory to think of what . . . [more]

Are you someone who uses e-mail filters to try and keep some semblance of organization in your inbox? Ever filtered too well and ended up missing an important e-mail because it skipped the inbox and got stuck in a sub-folder?

This tip will help you to filter your e-mails with confidence knowing that you will never miss an unread e-mail again. Let me introduce you to the “Unread” folder. This is a folder that you can create that can crawl all of your e-mail folders for unread e-mail messages and pull them into one common folder for you to view . . . [more]

Written by Daniel Standing LL.B., Editor, First Reference Inc.

Faced with a unique set of facts, an Ontario court in 2022 ONSC 5890 (CanLII) let two in-house lawyers off the hook when their former client sued them following the breakdown of their employment relationship. Would-be litigants in situations like the plaintiff’s would do well to remember that things aren’t always as they at first seem. It should almost go without saying: litigants had better have the evidence to prove it if they allege a breach of contractual or fiduciary duties. . . . [more]

There is a small army of immigration lawyers who battle in the Federal Court of Canada. Most practitioners have the sense to dedicate themselves to the solicitor side of this practice. In Part 1, I will focus on issues with the current system based on my experiences with the Court over the past 10+ years. I will be posting subsequent parts based on recent (creative) approaches that address, or get around, some of the issues below. This is not a review of substantive law or decisions from the Court. This critique is focused on the system as a whole. . . . [more]

A book has come along that every lawyer who wishes to run a firm at its peak should not only have on his/her shelf but it should be well-thumbed, stained from coffee spills, its cover torn from constant use and sits on the corner of their desk within arm's reach for quick reference. I am speaking of "How Successful Law Firms Really Work" by David L. Ginsberg and Robert A. Feisee, published by the American Bar Association, Law Practice Division

Written by Daniel Standing LL.B., Editor, published by First Reference Inc.

Hindsight is always 20/20, but in reading the decision Smorhay v Goodfellow Law, 2021 AHRC 170 (CanLII), one wonders how the employer did not foresee serious problems on the horizon. Corinne Smorhay was a legal assistant. She had worked in law offices before but had no construction law experience. Despite this, a headhunter recommended her to Goodfellow Law, a construction law firm that needed a secretary who could hit the ground running. When she was the only applicant who showed up for the interview, she got the . . . [more]