PM bypasses hearing, appoints N.S. justice to Supreme Court

Last Updated: Monday, December 22, 2008 | 2:40 PM AT CBC News

"Stephen Harper has officially appointed Thomas Cromwell of the Nova Scotia Court of Appeal to the Supreme Court, bypassing a parliamentary hearing process the prime minister has championed to more openly scrutinize nominees.

The appointment came the same day Harper named 18 people to the Senate.

'The Supreme Court must have its full complement of nine judges in order to execute its vital constitutional mandate effectively,' Harper said in a statement on Monday. 'Not only is Justice Cromwell one of Canada's most respected jurists, his appointment will also restore regional balance to the Court which now, once again, has an Atlantic Canadian representative.'

Cromwell replaces Michel Bastarache, who told the cheif justice that he would retire at the end of the court's spring session."

Congratulations Mr. Cromwell. This is a wonderful achievement on top of an already illustrious career:

"Cromwell, 56, from Kingston, Ont., initially studied music but got his law degree in Ontario in 1976. He practised and taught law, including two stints at the Dalhousie Law School in Halifax. He was the executive legal officer in the chambers of the Supreme Court's chief justice for three years...He first became a Nova Scotia appeals judge in 1997."

York law student caught with fake degree

Excalibur Web Edition
Written by By Andrew Fletcher, Sports & Health Editor

Wednesday, 17 December 2008

"A York University student is under investigation for allegedly committing an act of degree fraud. Third-year student Quami Frederick is under review for academic dishonesty after she allegedly submitted a degree that she never earned, for admission to Osgoode Law School. The Toronto Star reported on Dec. 13 that Frederick bought a BA degree in business administration from St. George’s University for $1,109 in 2004. St. George’s University, located in Grenada, has recently confirmed that Frederick did not attend the school."

Read the whole story here.

I sure get a lot of spam for these fake degrees. I always wondered if someone would actually try to pass one off. I wonder for this one caught person, how many have successfully duped law school admissions staff? Bet she would make a good lawyer! I'm glad she is being screened now, rather than later, such as the guy I posted about the other day (see here), although she really should have been caught sooner - "Granada"???

LU's law-school dream could take step forward

Tb News Source
Web Posted: 12/17/2008 10:33:12 PM

"Despite Ontario's denial for funding, work continues at Lakehead University to develop a new law school."

Is this just a pipe dream, or is there any reality to this headline? Is it possible for them to privately fund a new law school, and could they gain the support of the heads that be? And further, would there be any true advantage to a law school in that area of the country? Would it create new jobs? Would it fill any voids? Are there any voids? Last I heard, there were an abundance of law graduates in Ontario (maybe even the country) who could not find an article upon graduation from law school.

Getting that first law job

I was pleased to hire a couple of students recently to assist me with some projects. One is a first year student, the other a second year student. I really wished for a practical opportunity in my first year(s) of law school, and would have probably done it for free at the time (not that I condone free labour). I really appreciated the resumes that were submitted by various students. It was really neat to see the variety of backgrounds of the law students, and also to see where their interests were developing in law school.

I have said in the past that law school grades are not important, in my mind, but on the other hand, seeing transcripts certainly allows for a peak into what actually interests a potential candidate. A high grade in a particular subject could perhaps indicate that the student is more keen in that area. On the flip side, it could simply reflect that they liked the professor, that the examination style suited their learning style, etc.

On this note, I recently applied for an exemption to the Law Society to reduce the 4-year requirement before I can hire an articling student. Their response was interesting - they can't provide a decision until I actually apply, or the student applies for an article with our firm. Then, they use their discretion, and we would have to show extenuating circumstances. I would argue that if a student wanted to come practice in Southern Alberta, and they wanted to start their practice at our firm, or if they wanted to focus on an area of law that our firm practices, that this would meet the extenuating circumstances test. So, if you are interested, let me know, and we'll test the waters. :).

If it doesn't work out, I'll just have to wait out the 4 years (another 1.5 years), and do it the old fashioned way.

Mediation should be emphasized in law school - all law schools

I conducted a great mediation this morning. It would seem that there would be no negotiated settlement at many points during the mediation, but in the end, I was able to assist the parties towards a negotiated settlement. What a great feeling of satisfaction. The parties shook hands and smiled at each other afterwards. Success!

It got me to thinking that mediation should be a mandatory course at Canadian law schools. It should also become part of the designation of a lawyer. Just as we all become Notary Publics upon completion of law school, we should all become certified mediators upon graduation. It would save our court system bundles, and would result in a much less litigious society. What do you think?

The power of emotion in advertising

I have been amazed this past couple of weeks at the power of emotion in advertising. This applies to both companies and individual who are advertising themselves.

I put out an ad this week that said "Enjoy Peace of Mind for the Holidays" - it was an ad for a discounted last will & testament. Our phones have been ringing off the hook. I would like to say it was because of the discount, but I've tried that tool before. I am convinced it is the hook line at the beginning of the ad.

Something to think about for you budding and existing lawyers as you strive to promote yourself as a lawyer. Emotion sells. Good service keeps the customer. You might even want to consider this thought when preparing your resumes and cover letters for upcoming summer and articling positions. A great first line or title goes really far.

Critics clash over role of law schools

From The Lawyer's Weekly:

By Nora Rock
Toronto
December 12 2008

"If the goal of medical school were to teach students not how to be doctors, but how to think like doctors, would you want to be a graduate’s first patient?

Professor David Chavkin of the American University Washington College of Law put this question to attendees at a symposium about the future of legal education hosted by Ryerson University on Nov. 25.

The curriculum being delivered in today’s law schools and its relationship to the demands of modern legal practice were scrutinized by speakers including Michael Bryant, Ontario’s minister of economic development, who noted the trend toward self-representation in our courts. “Over half of the people in Canada, when faced with a legal problem in their lives, have no idea where to turn,” said Bryant, who expressed the related worry that many of today’s law graduates emerge from law school ill-prepared to meet the needs of average Canadians.

While the Ryerson symposium’s intended focus was on future directions in education, attendee Noah Aiken-Klar, national director of Pro Bono Students Canada, pointed out that our legal community faces a chicken-and-egg style dilemma: while law schools struggle to recruit and train a more diverse student body, dysfunction in the profession causes attrition that hits non-mainstream lawyers — women, lawyers with disabilities and minorities — hardest.

Two factors — the Law Society of Upper Canada’s latest redesign of the lawyer licensing system, and recent calls for the abolition of articling — have put pressure on law schools to provide the practical, “lawyering” training that articling and the Bar admission course were once intended to accomplish."

You can read the whole article here.

This is a very useful and necessary debate to have. Here are my thoughts from the field:

1. It is nearly impractical for a lawyer to know everything that she needs to know coming out of law school, or even coming out of her articling year. Each and every day as a lawyer is a learning experience.
2. The focus should not be on what is taught in law school. The schools, the courses and the instructors are just far to diverse to accomplish a strictly "practical" legal education. In other words, the system has gone too far towards academia and theoretical instruction as opposed to a professional training system.
3. I believe that the number of core courses required should be increased at all Canadian Law Schools to include: wills & estates, real estate (not real estate theory, but real estate conveyancing), family law (practical training, not case law theory training - in other words, how to file for divorce, how to defend a divorce, how to run a custody trial, etc.), basic incorporations law (i.e. how to incorporate a company, how to prepare resolutions, etc.), and chambers and trial advocacy (you should have to prepare for and run at least 2 uncontested applications, and at least 2 contested applications).
4. The law societies should work towards training principals (lawyers who are partnered with articling students - mentors) and law firms to, in turn, train new lawyers. It used to be an apprenticeship program with lawyers, and we should move back towards that model, where a new lawyer is provided more simple tasks for a year or two, and then moves towards more complicated transactions and files over the years. In fact, I believe that law school should be run similar to some trades programs, where you intersperse schooling with practical training (i.e. one year on, one year off). Some students have that opportunity, somewhat, with summer internships, but not all students land a summer position. It should be mandatory for all students. This model would perhaps prolong things, but I like the idea at its core.
5. I actually think that the US model where you get thrown into the deep end upon graduation isn't such a bad idea, if the mentoring is there. It seems like some firms have excellent mentoring programs set up for new graduates, but there are probably many who are lost through the cracks (think Grisham's Rainmaker for an extreme example).
6. Law firms should ultimately be accountable to new lawyers or lawyers-in-training.

I would be interested to hear your thoughts on this debate.

Ted Roger's Funeral Today

I have enjoyed reading about Ted Rogers over the past few days. I was surprised when I read the following today:

"Rogers founded Rogers Telecommunications Ltd. in 1960 with the purchase of CHFI while in law school with a loan of $85,000. Today, the company is worth more than $20 billion and employs 24,000 employees."

Is this not an amazing success story? I have had many readers ask me about alternative legal careers. Ted obviously had vision, and I would venture to say that the skills that he developed in law school proved useful during his immensely successful business career.

NY lawyer arrested for impersonation

Reuters Canada
Fri Dec 5, 2008 2:24pm EST

"TORONTO (Reuters) - A prominent New York corporate lawyer has been arrested in Toronto on a charge of impersonation, police said on Friday.

Marc Dreier, founder and managing partner of Dreier LLP, was scheduled to appear in court Friday morning to answer charges of "impersonation with intent," said Constable Tony Vella, a spokesman for Toronto police...

Dreier, 58, headed the litigation department in the New York office of law firm Fulbright & Jaworski LLP and had been a litigation partner at Rosenman & Colin LLP before founding Dreier LLP in 1996, according to a biography on his firm's website.

He is a graduate of Yale College and Harvard Law School and has worked as a commercial litigator for more than 30 years, the website said...

The New York Times, in a website posting on Friday, said the law firm, which has more than 250 attorneys, canceled a holiday party that had been scheduled for Thursday evening at the Waldorf-Astoria hotel in Manhattan."

No wonder they cancelled their holiday party...they were all busy checking their heads. Somebody didn't do their due diligence! Sounds like the character from "Catch Me If You Can".

Read more about the $100 fraud this guy is charged with here.

Critics clash over role of law schools

The Lawyer's Weekly
By Nora Rock
Toronto, December 12 2008

"If the goal of medical school were to teach students not how to be doctors, but how to think like doctors, would you want to be a graduate’s first patient?

Professor David Chavkin of the American University Washington College of Law put this question to attendees at a symposium about the future of legal education hosted by Ryerson University on Nov. 25.

The curriculum being delivered in today’s law schools and its relationship to the demands of modern legal practice were scrutinized by speakers including Michael Bryant, Ontario’s minister of economic development, who noted the trend toward self-representation in our courts. “Over half of the people in Canada, when faced with a legal problem in their lives, have no idea where to turn,” said Bryant, who expressed the related worry that many of today’s law graduates emerge from law school ill-prepared to meet the needs of average Canadians."

Read the whole article here.

Back in the Saddle

Ok, so I have taken a hiatus from this blog since July. Can't blame me too much...life got in the way. A brief update:

I sold my publishing company (Writing on Stone Press) on July 1, 2008 to a group out of British Columbia. Some of you might not have made the connection that the publisher of my book was owned by the author. We put out a Canadian Career Series that will continue, along with a number of other titles. My previous life before law school was in publishing.

Anyways, it is nice to be free of the responsibilities of owning a side business. I have been able to focus on my law practice and my family, which has been really great. I even went on a family holiday, much to my children's delight.

The economy has started to shift, and that has meant a shift in my practice. Less real estate. More divorce. Kind of funny, if you think about it. Still doing lots of wills and estate administration, which I really enjoy.

Well, I will try to keep this blog active and current going forward...

Thanks for your ongoing support.