Categories
The Practice of Law

The Truth About Consequences

Sometimes when I consider what tremendous consequences come from little things, I am tempted to think there are no little things. 

  ~  Bruce Barton

I used to ask my litigation partners how it felt to issue a Statement of Claim and ruin someone’s day. Mainly I wanted to annoy them, but I also thought that it was a useful reminder that the things that we do as lawyers can have serious consequences for other people.

Categories
People I Met Practicing Law

Who Do You Want To Be in the Legal Profession?

There was once a mid-sized law firm that wanted to develop a specialty in a niche area of litigation.

At the bottom level of that specialty, there were general commercial litigation lawyers who wrongly thought that they knew enough to be competent. One step above, there were lawyers with a decent reputation who gave good, creative, advice and achieved decent results most of the time. And then there were the Tier One superstars. Big reputations, high billings, and in demand for the most difficult assignments.

Categories
Mental Health and Work/Life Balance

Tell Me What You Really, Really, Want

“So, tell me what you want, what you really, really want “                

~ Spice Girls

Have you thought about what type of people law firms really, really, want to hire? I mean, after you drill down past the marketing and human resources departments, and contemplate the type of things that even the Partners are afraid to admit behind closed doors.

Categories
The Mentality and Attitudes of Lawyers

On Being an Old White Guy Commenting on Legal Issues

I got into a bit of a dust-up with a lawyer on LinkedIn the other day. She wrote something that I did not agree with, which was clothed in reverence for human rights, so I countered with my usual intelligent and incisive commentary, informed by my long history in the legal profession.

Categories
Law Firm Management

There is No Such Thing as a Free Ice Cream Cone

Those of you who read my stuff know that I am not the world’s biggest fan of law firms who address mental health issues by offering pizza and yoga classes, while refusing to acknowledge that the principal cause of their people’s suffering is overwork.

Categories
The Practice of Law

Media Manipulation

So, this employment lawyer leaves her firm and sues, as she has the right to do. She makes scandalous allegations (including racial discrimination and harassment) against her former employer, as she has the right to do. Then she and her lawyer go to the media, and a story is published in the Law Times featuring pictures of the lawyer and her counsel. The lawyer then posts a copy of the article on social media, with a link to the Statement of Claim. She apparently decided that it would be good strategy and worth the risk of legal consequences.

Categories
Client Development

Bad For Lawyers – The Downside of Relying on Referral Firms

There’s no such thing as a free lunch.”

  ~  Milton Friedman

I have a theory about lawyers who do not have much of their own client base, and that is that they would be better lawyers if they did have a client base. I say this despite having run across quite a few lawyers who were dripping with clients but sorely lacking in legal skills, and others who had great legal skills but few of their own clients.

I base my theory on the hypothesis that communication and the ability to persuade are important legal skills. If lawyers cannot communicate in a manner to develop client loyalty and persuade people to give them business, surely, they must be missing some skills that, if developed, would make them better at what they did.

Categories
Law Students and Young Lawyers

C’s Get Degrees

I was spending time with some young folks the other night. I heard a phrase which was new to me, but apparently not to the rest of the world. “C’s get degrees” has something to do with prioritizing the enjoyment of life, and physical and mental health, over stressing out to achieve high grades. Are the people who live by this adage low on ambition or high on life? I really don’t know. I suppose that it depends on your perspective.

Categories
The Mentality and Attitudes of Lawyers

Being Smart is Not What it is Cracked Up to Be

You, who are on the road; must have a code you try to live by; and so become yourself; because the past is just a goodbye; teach your children well.

~ Graham Nash

Parents teach their children about success by reference to how things were during their productive years. To my grandparents, success was a job in the front office at the factory, rather than on the production floor. My parents hoped that their children would become professionals. I wanted my children to achieve some work/life balance.

Categories
The Mentality and Attitudes of Lawyers

Shit Rolls Downhill

Out here in the country where I now live, it is a good thing if your septic tank is located on a lower elevation than your house. If it is not, you need something called a macerator to grind up the poop so that it can be pumped up to your septic tank, because as we all know, shit rolls downhill.

To put this in the context of a law firm, one might note that the most senior partners are usually on the highest floor of the office building.