Category: The Practice of Law

Categories
The Practice of Law

Let’s Pretend that the Closing Date is Realistic

Hand holding pen signing agreement.

My many years of practice taught me that clients usually want to close their transactions quickly. 

You would think that they would want to close when everyone involved has had the time to do the job properly, but that does not seem to be the case.  Apparently, ‘quickly’ is when deals have to close.  Now, in fairness, there is often a good reason to close a deal quickly. A business reason, or a tax reason, perhaps.  But, more often than not, the desire to close the deal quickly seems to constitute an independent, over-reaching, crucial goal.

read more about how lawyers are forced to fib about closing dates “Let’s Pretend that the Closing Date is Realistic”
Categories
The Practice of Law

David and Goliath in the Legal Profession

Statue of Michelangelo's David

In my early years of practice, I received a phone call from a friend who practiced union side labour law.  He had a question about Civil Law and having recently graduated from McGill with a Civil Law degree in addition to my Common Law Degree, I was able to answer his question.  He appreciated my help.  Or so he said.

read more about why the best lawyers may not be available to represent small clients “David and Goliath in the Legal Profession”
Categories
The Practice of Law

Got Ya!

Confused looking squirrel

Quite some time ago in Toronto, there was a major retail landlord who had some very desirable space in the downtown core past which walked thousands and thousands of commuters on their way to and from the subway every working day.  The space was leased to a large number of small boutique tenants who were quite delighted to be allowed to locate their business there.

read more about ethics in negotiation “Got Ya!”
Categories
The Practice of Law

Sometimes Law Firms Do Not Tell the Whole Truth

A bull standing in a field

Some time ago there was a fellow who I will call Jack.  Jack had invented a product and had found a large company to be his partner and finance the start-up of a business to manufacture the product.  The business did not do well. The partnership did worse. The day came when a deal had to be struck for the partnership to be dissolved.

read more about what law firms lie about “Sometimes Law Firms Do Not Tell the Whole Truth”
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The Practice of Law

Negotiating With Idiots

A replica of Fred Flintsone's car with cartoon characters in it.

Back quite a few years ago, I was out for lunch with one of my associates who for today will be called “Samantha”.  We were having a quick meal at one of those sandwich places where you line up at the counter and order your meal and then take it to a table, gobble it down for 15 minutes and get back to work as quickly as possible so that you do not waste too many billable hours.

read more about negotiating with unreasonable people “Negotiating With Idiots”
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The Practice of Law

The Games That Lawyers Play

Arial view of a county fair.

When negotiating an agreement, clients are often happy to hear that the other side’s lawyer is going to do the drafting.  They assume that their lawyer will spend less time reviewing an agreement than he or she would have spent drafting the agreement in the first place, and that allowing the other side’s lawyer to draft the agreement will be cheaper for them.  Lawyers who are overwhelmed with work, or who are inexperienced, or who are lazy, or who are just not that bright, will readily agree with this approach.

read more about why good lawyers want to do the drafting “The Games That Lawyers Play”
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The Practice of Law

The Sharp Employ The Sharp

A pig lying in the mud.

“The sharp employ the sharp; verily, a man may be known by his attorney.”

Douglas William Jerrold

Criminal lawyers are often required to represent those among us who are morally and ethically challenged.  Their role as guardians of the rights of all of us is crucial to our democracy and their choice of clients does not usually reflect negatively on their character.

read more about protecting your reputation “The Sharp Employ The Sharp”
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The Practice of Law

Is Your Lawyer Any Good?

Sign says: Hunters Please Use Caution When Hunting Pedestrians Using Walk Trails, suggesting poor drafting skills

It is a poorly kept secret in the legal profession that some lawyers are much better than other lawyers.   Marketing would have you believe that the lawyers at large firms are better than lawyers at smaller firms, which is sometimes true and sometimes not true, and belies the fact that incompetence can hide in a crowd.  Pity the poor clients who have to try to figure out how to choose the best lawyer to represent them based on who has the biggest marketing budget and the best marketing consultant.

read more about finding a good lawyer “Is Your Lawyer Any Good?”
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The Practice of Law

What’s Law Got To Do With It?

Court House in Ecuador

There is an old saying that a jury consists of twelve people who are selected to determine who has the better lawyer. Whatever the truth of that saying, there is no doubt that the people who prevail in legal disputes are not necessarily the people who are legally “right”.

read more about what really matters in a legal dispute “What’s Law Got To Do With It?”