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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”
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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.
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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?

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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”
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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”
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Law Students and Young Lawyers

What’s Law School Have to Do With It

Books in a library
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Few lawyers would disagree with the statement that “law school does not teach you what you have to know to be able to practice law.” I imagine that the general public would find that to be surprising. It is called “law school” after all.

read more about what’s wrong about law school “What’s Law School Have to Do With It”
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Substantive Legal Content

Murray’s Musings About Family Business Succession

A large family.
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I have many thoughts about family business succession. Here are a few of them:

read more about issues in family business succession “Murray’s Musings About Family Business Succession”
Categories
Legal Fees

Racing to the Bottom of the Legal Profession

Diver under water.
Photo by 7inchs at Pexels.

Many of you will be familiar with the old saying (sometimes attributed to John Adams and other times to Winston Churchill) to the effect that “if you are not a socialist at age 20, you have no heart, but if you are still a socialist at age 30, you have no brain.”

read more about legal practice areas becoming commodities “Racing to the Bottom of the Legal Profession”
Categories
Substantive Legal Content

Yet Another Way for Business Lawyers to be Negligent

Mannequins with discount signs in a store window.
Photo by Artem Beliaikin at Pexels

Let’s say that you represent a 40% shareholder in a corporation. You are reviewing a shareholder’s agreement which says that in certain circumstances (death, disability, termination of employment) your client is required to sell his or her shares at fair market value. So far, so good.

read more about minority discounts “Yet Another Way for Business Lawyers to be Negligent”