Think twice about going to law school - firm chairman says

Financial Post

Posted: September 25, 2009, 11:26 AM by Mitch Kowalski
Practice Management, Legal News, Mitch Kowalski, Associates, Law schools

"Every time a friend of mine tells me that her daughter or son is contemplating law school I try to dissuade them. This isn't the 60's - when a law degree was a ticket to the good life. The profession is a brutally difficult way to earn a living for either gender. And it ain't getting better.
Now it seems I have some support for my comments. Peter Kalis, chairman of large, international firm K & L Gates, was interviewd by the Wall Street Journal and said much the same thing. Kalis says that schools are "pouring tens of thousands of young people into a market that I suspect is not going to be able to absorb them at the remuneration levels that would have justified them taking on. . ."

I would like to read more...but they make you register. I hate this form of news where I am forced to pay to read something that I should be able to read for free online. I mean, I shouldn't have to have a subscription just to read an article...

In any case, the comment is a fair one, and is one that more young aspiring law students should think about. Or, as the writer indicates, a thought that more parents of aspiring law students should think about.

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."

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?

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.

Running low on lawyers?; Attracting attorneys to Peterborough a tough sell

Here's an interesting article on a subject dear to me: staying away from Big Law:

Posted By GALEN EAGLE

Peterborough Examiner - April 19, 2008

Coming out of law school, local lawyer David O'Neill could have done what most law grads do - move to Toronto.

The big money, the big firms, the big city is attracting a mass exodus of young lawyers from across the province at increasing rates.

Instead, the Peterborough native came home and joined a small firm. "Most of my classmates moved to Toronto," O'Neill said. "There are a lot more opportunities there and higher pays."

At 32, O'Neill is bucking the trend. He represents a minority of young lawyers who have chosen a smaller locale.

With the average age of Ontario's lawyers reaching 50 and most law school graduates heading to the Greater Toronto Area, communities such as Peterborough could be heading toward a lawyer crunch.

It's a tough sell telling people they need more lawyers.

Read the whole article here.

Canadian lawyers at an advantage in overseas firms

Awareness of cultures leads to success on global legal stage
Margaret McCaffery, Financial Post Published: Wednesday, February 06, 2008

With London surpassing New York in the number of IPOs in 2007, it's no surprise that U.K.-based law firms are hunting for legal talent beyond their shores.

U.K. recruitment of Canadians began in earnest in 1994. Conventional wisdom had it that the chosen lawyers didn't stand a chance of making partner in the massive U.K.-based international firms, where high leverage between partners and associates makes it tough for lawyers to achieve partner status.

Nonetheless, a number of Canadian recruits are bucking the odds and not only achieving partnership status, but playing a prominent role in the success of international law firms.

Great article (continued here). I have three Canadian colleagues who have pursued work outside of Canada and are really enjoying their experience. Perhaps this is another answer to my recent post about the huge influx of law graduates. How's that for a solution? Import lawyers from other jurisdictions, and export our own law graduates. Balance is good, eh?

The Average Law Student...After Law School

I am amazed at how many lateral moves amongst former classmates that I have witnessed since graduating from law school. There seem to be very few of them who have remained at their original summer or articling firm. A few have gone overseas. Others have gone in-house. Many others have switched firms, or even gone solo. This after only 3 years! I had expected that many of them would have remained stuck in their articling firm, climbing the partnership ladder. This was the line that we were fed throughout law school, and this was the prevailing attitude during bar admission courses.

I think we are seeing a breakthrough in those prevailing attitudes, with new expectations. I'm not talking about the cliche Generation X or Generation Y attitudes. I am talking about expectations attached to opportunity. Opportunities about, and nobody seems to want to be left behind. A Canadian Law School degree is more than just a road towards a partnership at a major Canadian law firm. The borders are opening up, the 0pportunities to use a legal education in business, government, non-profit, military, and elsewhere are abundant.

Most of my friends are becoming their own man/woman. Law can be a pretty solitary career. There's lots of time to brood about greener pastures. I am letting go of that old addage that says that you should chew your cudd in one field until you can tell whether you like the cudd. That's not to say that I am ready to jump ship. For me, it's about focussing my practice areas, and broadening my skillset to include such things as mediation and arbitration. I am also remembering how much I love to build businesses, and am enjoying those amazing opportunities in running a law firm, a publishing business and an alternate dispute resolution business. It's really fun to grow.

What are you doing with your law degree?

The need to change constantly

I never knew how important it would be to be flexible as a sole practitioner lawyer. The market is constantly changing. One day, there is a great need for litigation. The next, it is a strong real estate market. The next, people are dying, and everybody remembers that they need a will. The next, people are on fire to start up companies and need a lawyer to get them started. The next, companies are buying each other out, merging, or liquidating. The next day, forclosures are the big thing.

I am learning, with some time and effort, that it is impossible to keep up, and the the importance of choosing some key areas of focus. I have started to narrow my focus areas, and it is feeling good. I am attracting a broader client base as a result, and am able to provide better service to those key area clients.

At first, I was afraid that I would have to try to be everything to everybody, but I have learned that this is impossible, and not economically or chronologically feasible. It is too hard to start from scratch from one file to the next. I am appreciating the feeling of developing a particular expertise in the areas of real estate, wills and estates and divorce law. These are to become the bread and butter of our practice. I am also focussing a lot of time on mediation and arbitration training and marketing. Focus is good. Focus is safer. Focus is financially sound.

Becoming a Mediator and Arbitrator

I'm sorry that I haven't posted in a while. Christmas kept me really busy with family committments.

Then, in the New Year, I decided to become accredited as a mediator and an arbitrator, so I have been really busy with that. It's an exciting new development in my legal career. I'll write more about it soon, as you may find it interesting or inspiring.

ADR (Alternative Dispute Resolution) has become a lot more mainstream in the last 15 years or so, and continues to make inroads with the public, the courts, and with lawyers. More on that later.

Alternative Careers (nevermind legal)

I have been asked quite a few times about alternative legal careers. However, today, I came across a fairly long-running thread on Lawstudents.ca that asks the question, what would you be if you were not a lawyer. A great question! Most of the posts are nonsense, of course, but I think it is a question worth asking yourself if you are anywhere in the midst of becoming or acting as a lawyer.

In asking myself this question, I came up with the following list in order of most desirable at the top:

1. Professional writer - photographer;
2. Property Developer and Renovator;
3. Law professor;
4. English professor;
5. Publisher;
6. Librarian

That was a fun exercise, and provided for at least some loosening of the career strings. Please post your alternative careers here (no nonsense please - only legitimate careers). Thanks!

Back and Better than ever - 2nd Edition is finally ready!

I have received many inquiries about whether this blog is dead, or whether I am dead. I assure that neither rumour is true.

I have had to go "underground" for a couple of months in order to catch up with all of my law firm work, and to finish the 2nd Edition of So, You Want to be a Lawyer, Eh?.

The book is finally finished, and is now ready to order from the publisher (orders@writingonstone.ca) or the distributor (Sandhill Book Marketing - www.sandhillbooks.com). It will come up on Amazon.com, Amazon.ca and Chapters.ca shortly. If you order it directly from the publisher, you will get a 20% discount off of the retail price of $24.95.

Here's the description from the back cover:

So, You Want to be a Lawyer, Eh?
Law School in Canada

Every year, an estimated 10,000 to 15,000 people apply to Canadian law schools, vying for just over 2,000 coveted spots. The competition is even fiercer when applying for a law job. Adam Letourneau, BSc, BA, LLB, 2005 graduate of the University of Alberta Faculty of Law, former Editor-in-Chief of the Alberta Law Review and owner of Letourneau Law, Barristers & Solicitors, reveals in this second edition many insider tips on how to gain admittance to law school in Canada. He explores how to cope and succeed in law school and how to land a coveted law job post-graduation. Drawing upon personal experience and the experiences of numerous Canadian law school graduates, Letourneau shares insights on the LSAT, applying for law school, study strategies, summer jobs, the articling application process and much more. This book will save you hours of research, hours of study and tons of stress. This second edition includes new law school graduate comments, updated admissions information, what being a lawyer is really like, tips to avoid pitfalls and more, with over 13,000 additional words and three new chapters.

"As a future Canadian law student, I was frustrated with the lack of guide material available to Canadian law students...it was important to find a book like this that addresses the particular elements of Canadian Law School." --F. Voisin, Ontario

"So, You Want to Be a Lawyer, Eh? outlines the process and offers tips to improve your results in the application process, at law school and in finding an articling position. I will be attending law school next year and I am confident that this book will help me succeed." --Jaime, Ontario

"This book provides an honest and fair appraisal of the law school process, from applications to graduation. I was truly interested in a law school resource that took me `behind the scenes' and into the law school atmosphere, and this book met such an objective." --N. Peterson, Vancouver

"I have read a number of guidebooks on how to succeed at law school and this is by far one of the best." --Dan, Ontario

For more information go to www.CanadianLawSchool.ca

Part of the Writing on Stone Press Canadian Career Series.

You might also be interested in a couple other books that were released last month in the Writing on Stone Press Canadian Career Series:

So, You Want to be a Doctor, Eh? A Guidebook to Canadian Medical School by Dr. Anne Berndl, MD

So, You Want to be a Pilot, Eh? A Guidebook for Canadian Pilot Training by James Ball

Law medalist heading to Supreme Court

Last March, after a day of back-to-back interviews with six Canadian Supreme Court Justices and a flight home from Ottawa, UVic law student Christine Joseph was looking forward to sleeping late the next day. Instead, her ringing phone woke her up early.

“It was good news,” says Joseph in an interview from Vancouver.

On the other end of the line was Supreme Court Chief Justice Beverley McLachlin offering this year’s UVic Law Society Gold Medal winner a position as her clerk.

Very inspiring - read the rest of the article.

Courting Clerks

There's an inspiring article at McGillREPORTER by Pascal Zamprelli about some McGill law students who were chosen as clerks to the Supreme Court of Canada. Although it isn't a very detailed article, it gives some good insight into the process and the meaning of being chosen as a clerk by one of the Supreme Court Justices. This is a fantastic honour and quite an amazing achievement by these individuals! Way to go.

Flying Solo

I have been wanting to buy Flying Solo: A Survival Guide for Solos and Small Firm Lawyers for a while now. I am now about 10 months into opening my own law firm, but was hesitant to buy the book as it retails for about $100.00. But, I splurged on it last week while surfing Amazon.com. What a disappointment!!!

I bought the book because it had the best Amazon.com comments and had the most stars. But in order to benefit from this book, you would have to be absolutely GREEN in every way in order to feel as though you had gotten your money's worth.

Only one chapter was worth anything, in my opinion - a short snippet taken from some other source and reprinted in this book that provided tips on how to conduct yourself to ensure that you retain clients. The rest was pretty much junk.

I can't believe that this book is in its 4th edition. I mean, I don't need a tutorial on what word processor I might like to purchase, or how to use email. I should give some credit - there were some snippets in various places in the book that might help me to better manage my time, with email, telephones and client interview scheduling.

This book was too "big picture" in places, and too "details oriented" in the wrong places. It was far too generic in terms of making decisions about your solo career, and too specific at times, which I found to be rather insulting. I have been through law school, undergraduate studies, and high school. I started using the Internet heavily in 1995. My generation just doesn't need these types of tutorials. Perhaps this book would be good for someone in their 40's or 50's thinking about making the jump and hanging their own shingle. For me, it was $ misspent.

But, sometimes these experiences are catalysts of sorts. Since reading this book, I have decided to author my own book about starting up a solo law practice or small law firm. Nothing like learning through experience. That's how I wrote my book, So, You Want to be a Lawyer, Eh?: A Comprehensive Guidebook for Prospective and Current Canadian Law Students and it has been much more successful than I ever anticipated.

Here are some things that I plan to include, which were sorely missing from Flying Solo:

1. What is it really going to cost?
2. Can I do this right out of law school/articling?
3. What mentoring is available?
4. What resources are available from my bar association?
5. What are the advantages/disadvantages of starting up with someone else?
6. How should I structure a partnership agreement?
7. What are the advantages of a partnership vs. an associateship?
8. Grassroots marketing vs. traditional marketing methods

I will add more items to this list, as they come to mind.

Coming soon to a bookstore near you (OK, give me 6-9 months):

MY SHINGLE: The solo and small practice lawyer's bible

If you have ideas for the list above or the pending title, let me know.

One thing I might suggest: If you have any inclination towards becoming a solo lawyer or starting your own firm, start reading up on it as far in advance as possible. You will avoid some potentially serious pitfalls. Not that I have had any real problems, but I know I could stand to learn more to make my experience even more successful.

Big Business Beyond Bay Street: Abundant opportunities in Calgary are drawing young lawyers away from the ‘centre of the universe’

Way to go Calgary! Friday March 30th in Canadian Lawyer Magazine, Pamela Fieber writes:

Like many Ontario law school students, Julie Inch assumed she’d focus her career ambitions on Bay Street. Then she spent a summer in Calgary. “I loved it,” she says. “Once you work there, you will never want to leave. I loved the energy of Calgary.” Inch, now in her final semester at the University of Windsor, begins her articling year at Calgary law firm Burnet Duckworth & Palmer LLP this summer. "I didn’t even apply to Bay Street at all,” says Inch. “I had read up on the economic boom, and it just really made sense to go where the action is. There’s a lot of potential to be successful.”

It’s boom time in Calgary, and the big deals are flowing as fast as the oil and gas. That means good times for law firms — and good careers for those who want in on the action.

Read the full article here.

Gavel knock to Essien at Law Target. Thanks Essien.

First aboriginal female judge appointed in Manitoba

Winnipeg Free Press

Thu Apr 5 16:47:00 CDT 2007

"A lawyer from northern Manitoba has become the first aboriginal woman to be appointed a judge in this province.

Doreen Redhead was appointed to the provincial court of Manitoba, effective immediately. A swearing in ceremony will be scheduled as soon as possible.

Redhead graduated from the University of Manitoba Law School in 1996. She has practiced law on behalf of the Fox Lake First Nation in Gillam, and the Keewatin Tribal Council in Thompson.

“It’s a huge step forward for women and for First Nations people,” said Attorney General Dave Chomiak. “It was actually very moving for me this morning to phone her and tell her what an honour it was for me to do that.”

Chomiak said having a female aboriginal judge gives the courts a better reflection of the population of Manitoba.

Redhead was selected by Chomiak from a list of candidates recommended by an independent judicial nominating committee, chaired by chief provincial court judge Raymond E. Wyant. Representatives of the Law Society of Manitoba and the Canadian Bar Association were also on the committee."

This is an awesome story, and one that I am very proud of. Way to go Redhead!!! Very inspiring.

My Top Ten for Being Your Own Boss in Law

I was recently asked by a friend why I do what I do. I.e. Why did I start up my own law firm, and why I chose to practice in a relatively smaller community? I answered him with the following list of reasons why I chose to do what I do:

10: I hate having a boss. I made a resolution when I graduated law that I would never use a resume again. So far, so good.

9: I hate having a glass ceiling in terms of income. I want my income to be based on the work that I put in each day. So far, so good.

8: Sometimes I feel lazy (not often, but sometimes), and I want the choice to be lazy. So far, so good.

7: I hate big cities. I lived in one most of my life. I hope to never go back. So far, so good.

6: I like the extra hours of sunshine in this part of the world. (I live in Southern Alberta)

5: I like proving people wrong. I don't like naysayers, and don't invite them into my life.

4: I like practicing law, but I like building things better. I want to build the largest and best law firm in Southern Alberta. I'm on my way.

3: I like clients. I find them fascinating. Doing this allows me to be with MY clients each and every day.

2: There are a lot of bad lawyers out there. I would rather be on the other side of a file from a bad lawyer than working with one. Thus, why I want to have autonomy in choosing who I work with.

1: I really, really love my kids. I want to be with them as much as possible, I want them to have a better life than I did as a kid, and I want to give them opportunities only limited by their own imaginations. Being my own boss allows this for me. I want all associates and partners in my firm to have this same opportunity (if they want it). Shaun (my firm partner) also has a young son, and loves to be with him as much as possible. Money is good, but it's not everything. Being a member of our firm allows you to choose how you want to balance money and other things in your life.

Writing these things down was a real wake-up call for me, and has made me feel happier ever since. This route isn't for everyone, but so far, for me, it has been the best possible route I could imagine. Others I have spoken with have said they would be scared #*!?less about going out on their own. But, the truth is that the majority of lawyers practice in solo or very small firms. There must be some good reason for that. What do you think?

Defining Your Practice - Your Area of Law

One year ago, definitely two years ago, and unequivically three years ago, I never would have thought of myself practicing anything but corporate legal work. Litigation? Family Law? Dependent Adult Law? No way. Absolutely no way.

But, now law school has come and gone, the articling year has come and gone, and nearly a year into my practice, I am now practicing not only corporate stuff; I am also practicing real estate, wills and estates, litigation (some of it class action stuff), family law, and dependant adult stuff. It just goes to show that you just shouldn't peg yourself too early on in your legal career. Let things steep for a while. The stuff that you don't like will settle down to the bottom of the barrel, and the stuff you like will rise to the top. You will naturally move towards the work, the clients, and the outcomes that you want to spend your time on. Don't try to go against the grain.
I never would have thought (OK, I admit I had some far off John Grisham inspired fantasies) that I would like courtroom lawyering. But, I am learning that I really quite like it. I love the collegiality with the other members of the bar, and the judiciary. I love bantering with the court clerks.

So far, I enjoy mixing a solicitor and a barrister practice. It suits me well, and keeps things interesting. As my law firm grows, I can start pushing work that doesn't really suit me to others in the firm -- stuff that they might really like. Eventually, I will find my niches and be even happier than I am today.

Race for the Top

There is a promising new article at The Gazzette about law student / law firm recruiting.

"A thousand or so ambitious law graduates. Two dozen big law firms. A couple of hundred high-paying jobs.

These are the vital statistics for an annual event now under way - the race for a place at one of Montreal's top law offices."

Apparently it is a multi-part article, with subsequent columns coming out looking at the recruiting madness that occurs in Quebec each year, with students trying to find jobs, and then law firms trying to attract the cream of the crop.

"In stories this week and next, we look at the dance from both sides. This week it's from the students' perspective: what it takes to make the right impression on a law firm, and the risks and rewards - to the ego, report card and wallet - that participating in the recruitment process presents.

Next week, the tables turn as the firms compete for the best and brightest students to make their recruitment spending pay off. At whose office will they choose to spend their 70-hour weeks?"

I'll provide updates when the new articles appear. I am really interested to see what they say.

New Lawyer for Letourneau Eden LLP

We just hired a new lawyer for our firm. I am very excited about this. It is my goal to one day have the largest firm in the area I live in. I am now one step closer to this reality! It's great to set goals like this. You just never know what might happen. I have a habit of asking unreasonable requests of others (it often results in magical happenings), so why not ask unreasonable things of yourself from time to time.