Tag: lawyers

Categories
The Practice of Law

The Power of Walking Away

Person wearing a formal winter coat and walking away from the camera.
Photo by Cottonbro at Pexels.

Herb Cohen, the author of ‘You can Negotiate Anything’ and once labelled ‘the world’s best negotiator’ tells a story about negotiating the purchase of his own house. Apparently, his family was so intent on acquiring this particular home that he feared being divorced and having his children never speak to him again if the deal did not close. As Herb told the story, since walking away from the deal was not an option, he was unable to negotiate even a nickel off the purchase price.

read more about what makes a great negotiator “The Power of Walking Away”
Categories
Law Students and Young Lawyers

Happy Law, Sad Law

Doll with a sad clown face.
Photo by Pixabay at Pexels.

I often find myself speaking to law students and young lawyers who are having difficulty deciding what area of law they should practice. I also hear from older lawyers lamenting their original choice and thinking about making a change.

For a bunch of smart people, many of us lawyers choose how to spend most of our waking hours in some pretty dumb ways.

read more about choosing an area of practice “Happy Law, Sad Law”
Categories
The Practice of Law

Leverage

See-Saw in park.

Early in my career, I represented a franchisor of retail bakeries. As is commonly done, my client leased premises from commercial landlords and subleased them to its franchisees.

Since my client was not particularly good at what they did, they frequently made mistakes. On one occasion they missed the deadline to give notice to renew a lease.

read more about the importance of leverage in negotiations “Leverage”
Categories
The Practice of Law

The Big Picture

Baked Goods on a counter.
Photo by Maria Orlova at Pexels

At one stage of my career I did a great deal of work for a franchisor of bakeries. If the truth be known, my client was not exceptionally good at the franchisee selection process. The franchisee qualification process consisted of providing evidence of a bank account and a heartbeat.

read more about the big picture “The Big Picture”
Categories
The Practice of Law

Professional Negligence 101

Man sitting at computer looking stressed.
Photo by Nataliya Vaitkevich at Pexels.

Once upon a time, one of my litigation partners had a field day suing a very senior partner of a reputable law firm in the Toronto area. I will call that defendant “Max.”

The crux of the matter was that our client, who I will call Sue (appropriately, because that is what she ended up doing to Max) was involved in the sale of some shares of a corporation to the other shareholder. When Sue did not get paid, she came to see if we could do anything about it. When my partner asked Sue whether she was represented by counsel in the sale transaction, she identified Max as being her lawyer.

read more about how to get yourself sued “Professional Negligence 101”
Categories
Substantive Legal Content

Family Law and Family Business

Bride and Groom sitting on stairs
Photo by Avonne Stalling on Pixels.

Spouses often both own shares in a corporation that operates a family business, sometimes because they are both active participants in the business, and sometimes as part of an income splitting or creditor protection plan.

read more about shareholders agreements for family business “Family Law and Family Business”
Categories
Law Firm Management

Murray’s Handy Dandy Guide to Becoming a Partner

For people around boardroom table. A man is shaking hands with a woman.
Photo by Edmond Dantès at Pexels

I once had a partner who was a “heads down, get your work done” type of guy. Knew his law. Billed like a fiend. Not much of a people person. Let’s call him Ken.

read more about becoming a partner “Murray’s Handy Dandy Guide to Becoming a Partner”
Categories
Legal Fees

Who’s Zooming Who?

Photo by Ethan Sees at Pexels

Long ago, when it came to billing, lawyers addressed precedents in one of two ways:

read more about smoke and mirrors and legal fees “Who’s Zooming Who?”
Categories
The Mentality and Attitudes of Lawyers

Existing In Our Own Psychological Prisons

A prison cell with a single, high window.
Photo by Jimmy Chan at Pexels

I recently celebrated the 17th anniversary of one of the most significant events of my life.

Back on March 21, 2005, I came to what was, at the time, a stunning realization. I had accidentally fallen in love with a woman with whom I had been working very closely for six years.  Luckily for me and all the other potential Defendants in this situation, she came to the same troubling realization about me at the exact same time.

read more about the boxes that we live in “Existing In Our Own Psychological Prisons”
Categories
Substantive Legal Content

Danger Lurks in Dark Places and Purchase Orders

Dimly lit nighttime street scene.
Photo by Eva Elijas at Pexels

Here are some of the provisions which I have found lurking in purchase orders (a “PO”):

1.            The P.O. replaces every provision in the vendor’s quotation and invoice.

2.            The provisions of the P.O. include terms set out on the purchaser’s website, which the purchaser may change at any time. All changes will be binding on the vendor. It is the vendor’s responsibility to monitor the purchaser’s website to see which new terms have been imposed on it.

read more about purchase orders “Danger Lurks in Dark Places and Purchase Orders”