Lawyers: Outrageous contingency fees for lawyers?

In a quirky bit of fate, I read an article on CBC a couple of days after my last post, which dealt with mega-torts and mega-$ for lawyers through contingency fees. Often, lawyers will agree to take on a case based on a contingency arrangement, rather than a flat fee basis. The number has traditionally been 30% of the "winnings" in a case. Lawyers are careful to get into this kind of arrangement, because it can end up being a real gamble, unless the lawyer feels very strongly that they have a potential winning case. Contingency arrangements are common in personal injury law, because the potential payout has traditionally been quite high, thus resulting in a strong fee for the lawyer.

The article that I recently read told of the fees that would be paid out to lawyers for a recently settled case involving compensation for victims of residential schools in Canada - where many aboriginal children and youth were mistreated, abused and often neglected. The fees to the lawyers will amount to about $80 million. That's right $80,000,000.00. That's a lot of zeros! One firm from Saskatchewan, The Merchant Law Group, will receive about 1/2 of that. $40,000,000.00. One firm. They have 50 lawyers. That's $800,000.00 on average per lawyer. No doubt, the junior lawyers will see very little, if any of that money, and the partners will enjoy much higher yearly bonuses this year. The firm put forward that many of their lawyers had gone without pay for extended periods, and that they had invested over $2 Million of their own monies into the class action case. They represented about 9000 clients in the class action.

Hey, I'm all about making a decent living as a lawyer. I wouldn't have gone through the 10 years of education, and a year of articling if there wasn't some promise of a decent yearly take-home at the end of the rainbow. But $40M for one firm. That's outrageous. What makes it more outrageous is that it never even went to court. It was a back-room negotiation. The $40M firm admitted that it wished it had gotten more for its clients. I bet they wished that too.

The deal offers any former student a lump sum of $10,000 each, plus $3,000 for each year spent in the schools. An estimated average of about $30,000.00 for each living former student. It is estimated there are 80,000 people alive today who attended Indian residential schools, according to Statistics Canada. The total payout is about how much a secretary makes in one year. The average age of the former students is 60, but many are sick and living in poverty. This is compensation for many years of actual physical, sexual and mental abuse, plus years of post-abuse mental anguish. Now, consider that a large number of the victims are now dead, and no claim can be made. Do you think that the abuse suffered by residents of the schools has not affected further generations? I do. Here's why. My grandmother attended a residential school. I don't know how badly it sucked, but I do know that it did suck. We can all read victim stories to get an idea of what it was like. My grandmother did not get to be with her family for 10 months of the year for years. She got to go home for summer holidays. During the school year, she wasn't allowed to speak her native languages. That means that Cree was lost for her, for her children, her grandchildren and her great grandchildren. French was also lost, but luckily regained a couple of generations later through self-study.

I ramble on...

Here's the point. For something that affected an entire life, and the lives of the victim's progeny, the government is willing to hand out $30,000.00. Gee...thanks on behalf of all the claimants. For working really hard on the case for a few years, all the while servicing other clients, I would assume, 50 lawyers get to share $40,000,000.00. That's enough for many people to retire on. Retire well. Yeah, they worked hard, I am sure, but they didn't get what the claimants asked for. O the other hand, they chose to take a risk on 9000 clients and to put in a lot of time. But, in my opinion, the risk they took does not reflect 40 million dollar bills.

Am I off here? Am I crazy to think that this situation is really out of whack? Am I going against the grain too much as a member of the Law Society to say that this is bordering on immorality? Let me know.

P.S. How much is $40,000,000.00? It's hard to imagine for me, as I have been in student-related poverty for so long. Here's a funny post about how much $1,000,000.00 is. Here's some more trivia on the subject - how much does $1,000,000.00 weigh?

Law in Literature: The King of Torts - a short review

I just finished reading John Grisham's King of Torts. It was a very entertaining read and fairly creative. It was equally frustrating - almost maddening - to read. The main character, Clay, gets handed a supposed "lottery winning" opportunity, but he never really suffers any kind of ethical struggle with himself. I began very early on to think that he was a loser, just like his father who had been disbarred some years before. As usual, Grisham attempts to smooth over the ethical issues, and make it more of a struggle about taking risks to make mega-bucks.

I was pretty shocked by the $ figures peppered throughout the book. I had no idea of the extent of mass tort litigation, or the numbers involved. The book was convincing in many instances - i.e. that this kind of back room manipulation through tort litigation could make or ruin corporations. As well, it was pretty fascinating to read about what the life of mega-lawyers might be like. How anyone could possibly justify purchasing a $42M private jet is completely beyond me, and I would rather choose to live my life in a more simplified bubble than contemplate such things. I often have a hard time charging someone the rates that I do to write them a will, or do a real estate transaction. Taking 30% of a multi-million dollar settlement would certainly cause me to pause, I think.

One other thing that really bothered me about this book, as with some of Grisham's other books, is the seemingly easy transition from law school, or in this case, from being a lowly lawyer at the district attorney's office, to mega-law firm or mega-litigation. Again, Grisham glosses over the idea that it might take more than reading over a few rules of court, or asking a couple veteran colleagues what needs to happen to succeed. I think that you would have better odds of winning big on slot machines than of succeeding in the big leagues of law without proper and lengthy preparation (i.e. years) before taking on the big case(s). But, I guess that is what makes good American legal drama - that David vs. Goliath set-up, and in this case, that emulation of the fall of David from a situation that could have been so easy and ultimately satisfying.

More Professors Ban Laptops in Law Classes

Here's something controversial (at least for law students). Some Penn State law school professors have banned laptops in their classrooms, claiming that students are too distracted as they surf the web, and in some cases, play poker during class. What do you think?

Myself, I found my laptop a very useful tool during law school, as I detested taking notes by hand. However, I also found it very distracting and rude when classmates would be surfing The Gap and SI.com or, worst of all, playing solitaire incessently.

Laptops are supposed to be a resource to help you in class, not a mode of distraction. If you are finding class so boring, go home, read your textbook. You'll get a lot more out of it.

Law School: Books for Sale - Great Deal

I have a number of copies of my book (So, You Want to be a Lawyer, Eh?: A Comprehensive Guidebook for Prospective and Current Canadian Law Students) that were slightly damaged in transit. Booksellers will not accept books for their stores unless they are in pristine condition. As such, the books were sent to me. I have no use for a bunch of my own books, so I thought I would offer you all a sweet deal. The books are in almost new condition. They were dropped out of a box, so they may have a little dust or a scratch on the cover. Nothing more.

You can buy the book on Amazon.ca for $17.39 CDN plus shipping. You can get it for $12.99 US plus shipping and duty on Amazon.com.

I will mail you a copy of the book for $9 CDN plus shipping plus $1 handling fee. I think that's a pretty fair price, given that the retail price is $24.99. Give me an email if you are interested, providing your address and I will confirm the shipping cost to you. If you have any further questions about the book, please let me know.

Law Articles: Closing in on becoming a lawyer

Time stretches on in these last two months before my bar call. I just finished a judge's rotation at the courthouse, which was fantastic! It was one of the highlights of my article. I got to meet a lot of the judges and justices and see first hand what they do each day. They willingly gave us a ton of information that will help us to be successful in the court system. It was pretty inspiring to get the real information straight from the judge's mouth.

I am keeping very busy finishing up a bunch of files, doing various research for lawyers, and getting ready to open my own law firm. That has been a ton of work so far, and it's tough to fit it in with everything else.

To think that it has been almost 4 months since I embarked upon this career, and a year before that when I began preparing madly. Was it worth it? So far, yes. The next year will really provide the answer to that question. Law school was fantastic. The article was great. Both were harder than hell. Now real practice will provide the true test. Now I will really get to feel what it is like to be a lawyer.

Law School News: Law School in the News

University of Toronto Law School has decided to raise its tuition. They are going for the full 8% increase allowed under Ontario's new tuition rules. When will the carnage stop?!?? Ouch.

Law School: The progression into law

Everybody has their own story about why they decided to write the LSAT and apply for law school. Everybody has their own story about why they chose the law classes that they chose, why they decided to get involved in the extracurricular activities, the law moots, the summer positions, etc. that they partook of during law school. Everyone has their own story about why they chose to apply or accept an offer at a Big Firm, a medium firm, a small firm or a public practice outfit. Everyone has their own story about why they decided to work in a Big City, a Small City, or even a Town.

So, What’s Your Story? I am interested, and would love to hear how you came to your decisions. Whatever stage of your legal career. I am sure that others would love to hear other’s stories.

Here’s mine, now that I am done law school, and just about to finish articling, in case you care:

I went to law school because the industry that I worked in popped. The “bubble” burst. Our company ran out of money, the economy was tanking, and I wanted to enter a field where there was the promise of more security. There have always been lawyers, always will be lawyers. I chose to take the law classes that really interested me. It has paid off, as I am now practicing in the areas that interest me. I often struggle with some of the core subject areas, such as Debtor/Creditor, Wills, Family, etc., but have found that I have been able to pick up my socks in those areas by “jumping into the deep end” of private practice. I chose to get very involved in law school leadership opportunities, a moot, and the Law Review. I regret spending too much time away from my family, but do not regret the things that I experienced or learned from these law school activities. I chose to apply to non-conventional summer jobs – in house legal department at a multinational corporation, and Editor in Chief of the Law Review. I chose (among a variety of offers in 4 different centres - some at Big Firms) to accept an articling position in a small city, as I felt I would get a more hands-on experience. It paid off! I have been able to go to court on many occasions, my practice is nearly exclusively my own client-base, and I rarely did “research memos” during my article. I am now breaking off and starting my own firm with a partner, with offices in a few centres, and with myself enjoying the life of a “country lawyer” in a nice small town. Life is great when you create your own circumstances.

So again, what’s your story?

Law School: Queen's Law Life: Correlation between the average law tuition ($6,800) and the average law prof's salary ($136,634)?

There is an exellent article on Queen's Law Life looking at law tuition compared to law professor salaries. It is insightful commentary on the current state of law tuition. I found it very illuminating.

You may want to do some futher research into law school tuition at your school of choice. Is it comensurate with what you hope to get out of law school? Will it allow you to make the kind of money that you want to make?



One other comment that I would like to add to the matter is that law professors often begin their professorships with an LLM (Master of Laws). They do not require a PhD, although some do achieve this degree. It's true that you require two degrees before becoming an LLM candidate, and that many people consider the LL.B/JD equal to graduate school (i.e. a Masters level), but it is still worth considering that law professors do not require that PhD status. In fact, I had some professors who had been teaching for many years with only an LL.B. degree.

You can also find further discussion here and here (very interesting to me) on the LL.B / JD (Bachelor of Laws vs. Juris Doctorate of Laws) on Queen's Law Life.

Law Eh? Law School in Canada - Second Edition

I have now started work on the 2nd edition of So, You Want to be a Lawyer, Eh? The title will be changed to Law Eh? Law School in Canada. Why? Because of the way in which search engines and online bookstore searches work. Changing the name will make the book more accessible to prospective and current Canadian law students. The new edition will be available in July/August 2006. I will keep you posted.

I am looking for feedback. What would you like included in the 2nd edition? Please leave your comments in the comments section, or give me an email.

Things that I will be adding are:

1. Words of Wisdom from more current and graduated law students from eastern (i.e. Ontario, Maritimes) law schools.

2. More information on alternative legal careers.

3. A section on what it is like to be a lawyer - i.e. why would I want to go into law school?

4. More commentary on the effects of rising tuition for law school.

5. I am also considering including a new law school ranking. However, this may be more useful to you as a separate publication. Let me know what would be better for you.

6. More information on attending law school in other jurisdictions and information on practicing in non-Canadian jurisdictions with a Canadian law degree.

7. An update on the J.D. / LL.B. debate.

8. More expansive commentary on what to expect during your articling year.

9. A new section on passing bar requirements / preparing for bar requirements.

10. New commentary on law school attitudes - how to really achieve success.

11. Updated entrance statistics from each law school in Canada.

12. More reviews of online resources and books about success in law school.

13. A panel of students from across Canada telling you, in their opinion, "what it really takes to succeed in law school".

14. A new section on "if I knew then what I know now" - how to avoid various pitfalls in law school...and beyond.

15. More sample resumes, statements of interest, and cover letters.

16. More detailed information on salary ranges at law firms across the country.

17. Continued commentary on what articling students and first year associates are being paid compared to how much they are working.

18. More information on what the various areas of law are really like - i.e. what do you do as a corporate lawyer, a criminal lawyer, a real estate lawyer, a family lawyer...

19. New information on law school scholarships.

20. How to win the CPLED game (for Western provinces).

If you would like to see the Table of Contents for the current edition, click here. It's packed full of information already, and you might find it useful, especially if you just found out that you are accepted to law school (congrats, by the way!).

We are also thinking about making the book available in Palm and MS Lit formats. Is this something you would be interested in?

Lastly, we are looking for a few graduates to add their Pearls of Wisdom to the book. This is your chance to really let the world know what you would have done differently, what you did to rock the world in law school, etc. Give me an email if you are interested. The book is currently available in print and as an eBook in PDF format.

Law School: Canadian Law School Success

A few tidbits for today:

The Princton Review gives some good tips on how to attack law school classes. It's worth a quick read. Tips for Classroom Success.

You can find some more Law School Survival Tips at Reach Canada.

Waterloo gives some good tips on Applying for Law School.

Want to read about what some Windsor LLB grads have done with their lives? Read on.

Law School: Kawaskimhon National Aboriginal Rights Moot

The Law Times recently posted a short article on the Kawaskimhon National Aboriginal Rights Moot, a moot that I participated in during my second year of law school. It was a fantastic experience! If you are interested in this moot, give me an email and I can give you more information on what it was like, what was required, etc.

Starting a law firm

So, on Friday I was offered a position at my law firm for next year. I will complete my articles on May 31, 2006. I was flattered, and happy to receive an offer. However, I turned it down. Why? Because, I have decided, along with a former classmate, to start my own law firm. We will hang our shingle on July 1, 2005. Think I am nuts?

Happy are those who dream dreams and are ready to pay the price to make them come true.
--Leon J. Suenes

Success Stories: Metamorphosis turns law student into actor

I read an interesting article in The Star about a fellow who found out very early on that law school wasn't for him. Instead, it was the stage. It is refreshing to hear about law students who are honest with themselves, and who don't drag themselves through the experience of law school, knowing that it will not lead them to happiness. Too often students force themselves through law school knowing in their heart that they will never love the law. I am not saying that you have to absolutely love the law. But, you certainly should not revile it either, as some of my classmates apparently did. I wonder how many unhappy lawyers would have had amazing careers if they had been more honest with themselves early on during law school. I have an uncle who worked in a rather large law firm for nearly 20 years, apparently hating it! He then finally made a rash decision and went to work somewhere else as an environmental lawyer. His schedule changed as well, and allowed him to explore his true love - acting. There is one truth out of all of this - be true to yourself - at every mile and at every intersection in life. Law school is not for everyone.

Law School: Don't share your law school grades

With the exception of your Mom, Dad, husband or wife and maybe your best friend (that isn’t in law school), do not share your grades with anyone. It does not help anybody, including you. It leads to negative emotions, either on your part, or on the part of your confidant. It leads to unnecessary gossip, unnecessary stress and ultimately does more harm than good most of the time. Assume that everyone else is getting great grades, and work hard to keep up with the rest of the class. Remember, everything is graded on a curve (the most common grade is a B), and that your goal is to stay on the right side of that curve. Also, remember that it is more important to show improvement, dedication and perseverance when it comes to recruiters. True, some recruiters will have a bias towards those who receive top marks. However, do not count yourself out if you have received some low marks in your first year. Recruiters look at a lot more things than grades, contrary to popular opinion.

Law School: New CANS, Outlines, Summaries for Law School

Cecilia Perdigao / Jenny Hopkins kindly sent me some first year law school outlines / summaries today. I will post them at http://www.canadianlawschool.ca. Constitutional Law and Contracts Law. Enjoy! There will soon be a number of CANS from my law school experience there as well, along with links to outlines from other Canadian law schools.

Law School Admissions: Mastering the LSAT - How to Score 160 or More

It's been some time since I gave a lot of thought to the LSAT (Law School Admission Test). More than four years, in fact. I came across a thread at lawstudents.ca, which I thought was quite ingeneous and useful.

The original post said:

I'm writing to inquire of the methods/techniques ppl who scored 160+ [on the LSAT] used to get the score they did.

1) What score did you get?

2) What books did you use? (Kaplan, Powerscore LRB, Powerscore LGB, etc)

3) What prep courses did you take (if any)? Full length, weekend?

4) How long did you study for, and under what conditions? (during school, during the summer, etc)

5) How many preptests did you do?

6) What would you change if you were to do it again?

7) Any other misc comments/suggestions.

8 ) What undergrad degree did you do? (or are doing)

I was intrigued to read the answers given by a variety of posters. You may find this information very useful if you hope to score well on the LSAT. There's even one fellow who scored 171 (98th percentile). I get the feeling that most of these posters took the LSAT very seriously!

I myself did 2 or 3 practice exams, used some prep book that I got out of a bargain bin at Chapters, which included a CD-ROM with lots of practice questions on it. I had a real adventure the first time around (read my book to find out the story), and managed to do quite well the second time around, once I got my bearings and my attitude right.

The LSAT is not a small-potatoes test for most people. There are those out there who can ace it without ever studying, but most of us mere mortals probably need at least some preparation to help guide us. The one sense I have gotten over the years is that prep courses are often a waste of time. You need to find your own tricks, and just practice, practice practice.

Law School: Do your own CAN or Outline

Even if you find the very best CAN (Condensed Annotated Notes, also known as an outline) in the world for a particular course, you will want to create your very own, from scratch; CAN before you hit the exam room. You may think that you can get away without this step (and there may be a few of you out there who can do this), but for most of us, this is a necessary step in the learning, synthesizing and memorizing process. By physically writing your own review notes, you will most likely be able to recall information more quickly and efficiently. This is especially true for closed-book exams. For open-book exams, writing your own CAN will allow you to be more familiar with the information, and you will be able to flip more quickly through your notes during the exam.

I always found writing a CAN from scratch after studying my class notes and other materials to be an invaluable exercise to help me see where I am. I started with a fresh piece of paper or computer screen, and simply wrote out as much of the course as I wasable to in as little space as possible. I included all relevant cases, statutes, and supplementary information as possible, all the while trying to make as many links in the information as possible. I tried to remember why a particular case or statute was important in the big picture, whether it had altered or developed the law, and what the potential problems or solutions might be as a result of the reasoning of the case or statute. I may have included some personal comments about where I thought this case or statute may come up in an exam question, or would write myself little notes that would help me to readily recall a piece of information come exam time. Whatever helped, I included it. I tried to keep it as concise as possible, while trying not to omit potentially important information. This is a tough balance to strike, and it may take you a few times to get it figured out. The important thing is to avoid relying upon other people’s work in hopes that it will get you by. The truth of the matter is that it usually will only just get you by, or slightly less. To succeed, there is no better alternative than putting in that effort and making it happen for yourself.

A Word from the Wise – Practical Experience from some colleages of mine:

Unless you have a very bad and disorganized professor and you have to teach yourself the course, other people’s CANs are not the best or most efficient way to learn a course because it is actually the creation of the CAN that helps you learn the material much more than simply studying someone else’s. That said, it is better to read a commercial CAN or someone else’s CAN than nothing at all.
— Robin Penker, University of Alberta

To prepare for law school exams I would go through my notes and create my own “CAN”. Once that was finished, I would compare that to the commercial CAN and look for discrepancies. The next step was to create a list of cases from the course with a one-line explanation of the ratio. When I started, I would spend less time organizing and more time trying to study by reading the notes repeatedly. As school progressed, I found it more effective to spend much more time organizing notes and continuously revising them as I studied.
— Jaime Johnson, University of Alberta

What is your favourite way to prepare for an exam? (I know some of you like to keep it a secret, but remember, sharing always results in rewards later on - I speak from experience).

If you want some CANs/Outlines to help you get started, go to http://www.canadalawstudent.ca/cans.html where you will find links to CANs from different law schools, and all of my CANs from law school. Happy downloading!

Law School Admissions: Deferring law school in Canada

Many prospective law students do not realize that there is often an opportunity to defer your studies for up to one year. Note that not all law schools offer this option. However, it may be a good option for you. Some examples of good reasons to defer law studies for a year are:

1. Finishing a graduate degree. I know of one classmate who attempted to finish a Master of Arts degree concurrently, without joint-degree status, and ended up spending both summers tackling the issue. Had he taken a year off before studying law, he might have circumvented the high stress he experienced. He also would have opened up his summers to potentially work in the legal field. Another student attempted the same with a Master of Science and ended up spending her first summer doing something that she did not feel would help directly with her law career. However, both of these individuals had made a commitment to finish their graduate degrees.

2. Getting an offer for a job that you just cannot refuse. I had a friend who received an offer to work for the Liberal Party in Ottawa – something he had always wanted to do. He managed to get a deferral from some of the schools that he had applied to and was able to try the government job. It was a great résumé booster, and a fantastic opportunity that he would have missed otherwise.

3. You need to save up for school. Now you can take up to a year to work full time, get prepared, and the pressure will be off, because you have already been accepted.

Be sure that you apply for deferral in plenty of time, and that you put forward a very strong case. Do not just assume that a school will hold a spot for you once you have received an offer. Also check into tuition fee hikes or differential fees that your faculty may have scheduled. If waiting an extra year will add thousands of dollars to your cost, you should consider this in your decision-making.

Success Stories: Trailer park to law school dean: The journey of Mayo Moran

If you are looking for some inspiration today, consider reading this article, written in the globe and mail about the University of Toronto law school's new dean, Mayo Moran. I was grateful to read that she is bucking the stodgy trends set by her predecessors and by the Bay-street firms. I hope that she can achieve some of her lofty goals to set a higher standard for our profession. She says Canadian law schools must rise to the challenge of producing a new generation of lawyers who respect "the significant ideals of our profession" and are fortified by "formidable intellectual strength and rigour." I especially liked her stated mortification of the classrooms that, in her words, have morphed into clattering "typing pools" with students clicking away on laptops.

I would also like to see the bar set higher for law school education. I would like a return to the more active, engaging style of lecture that one might have seen in The Paper Chase, a movie about the first year of law school at Harvard. All too many students get caught up in the details and forget to see the law through the forest. One of my favourite law school classes was one where the professor provided the class notes on-line the day before each class. This allowed you to download the notes, supplement them with your preparation reading, and then to truly listen and engage yourself each class. It was so much nicer to just plug in a few comments each class to further supplement your notes. Students engaged in dialogue more often, we covered far more material in a shorter period of time compared to other law school classes, and I genuinely enjoyed the class because of all of these things. Typing notes like crazy does not help you to learn legal concepts. Engaging in serious, and often difficult dialogue creates better students and better lawyers.

It was also refreshing to read about a legal education leader who has high ideals, who is not afraid to put up a fight for what she believes in.

If you know more about Dean Moran, feel free to leave a comment. Or, if you have a comment about a law professor or dean from your law school, I am sure that the rest of us would like to hear about it.

If you want to see other's ratings and comments about law professors at your law school, or a prospective law school, visit http://www.ratemyprofessors.com/SelectSchool.jsp. It is pretty amusing to see how various professors have been rated. I was surprised at how accurate the ratings were for some of my former law professors.

Law school proposed for Ontario's north and Aboriginal Law Students

Plans are underway for a new law school in Thunder Bay, the first in northern Ontario. It will be built at Lakehead University. Supporters of the plan believe establishing such a law school would make it easier for aboriginal students to pursue careers in law and encourage more lawyers to practise in northern communities, where legal services are often non-existent. I think this is a fantastic idea.

Apparently the university hasn't yet met with provincial education ministry officials to discuss accreditation requirements. If built, the institution would be Ontario's seventh law school and the first built since 1969. A 2004 report for Ontario law deans on the impact of tuition deregulation found the number of law students from the north had decreased between 1997 and 2002.

On the topic of Aboriginals law students...

There is a misconception held by many that Aboriginal students get a free ride in University, and subsequently in law school, and that they are somehow treated differently. There are rumours that Aboriginal applicants are guaranteed spots in law school if they apply, and that once accepted, they are graded differently. This is not true at all. I will try to shed some light on these preconceptions, while at the same time, providing information that will give Aboriginal applicants every advantage and opportunity to pursue a legal education.

The truth is that Aboriginal peoples are underrepresented in almost all areas of the Canadian economy. This underrepresentation is especially felt in law, an area where Aboriginal peoples require greater Aboriginal representation for all areas of law, including criminal, civil, and constitutional rights. More and more cases are coming forward and being heard in Canadian courts dealing with Aboriginal rights. Aboriginal peoples have unique rights entrenched in the Canadian constitution. As a result, there is a much higher need to have lawyers that are aware of, well versed in, and passionate about the rights of First Nations, Métis and Inuit. On the other hand, Aboriginal lawyers are needed to work for the Crown. Additionally, as more Aboriginal peoples are becoming involved in business ventures, there is a need for corporate and commercial lawyers who can be trusted and who have a good relationship with Aboriginal communities and individuals.

It is true that many law schools in Canada allot a certain percentage of spots available for Aboriginal and/or mature students. This percentage is often 10%. However, that does not mean that they always fill these spots or that the school is obligated to fill the spots with Aboriginal and/or mature students. The 10% number is a goal rather than a rule. As such, it is often the case that not all spots are filled by Aboriginal or mature students.

Some schools seem to attract a larger number of Aboriginal applicants. The College of Law at University of Saskatchewan and University of Victoria both have a relatively large contingency of Aboriginal law students. The University of Alberta does have an Indigenous Law Program, but the number of students was only 14 in 2004/2005 (out of a student body of about 500).
The process for applying to many law schools for Aboriginal students is a two-pronged approach. Aboriginal applicants have the option of attending a pre-law program at the University of Saskatchewan the summer before law school. Success at this program can lead to a conditional acceptance to some law schools. The program is aimed at preparing Aboriginal students for law school, in terms of study habits and curriculum. Attendees take property law. Successful students will get credit for this class, thus taking off some pressure during 1L. Acceptance is conditional on the student succeeding (in other words, passing) 1L. There are Aboriginal students who come out of the Saskatchewan program who do not succeed. However, the program supposedly does help many students to prepare and attempts to single out potential achievers amongst its attendees.

Aboriginal students can also be accepted unconditionally. This is often the case. This means that the Aboriginal applicant is rated alongside every other applicant. This happens before a conditional acceptance is considered.

Now, here is the truth of the matter. I believe that if you are an Aboriginal student, if you show sincere desire, and if you have a relatively decent GPA and LSAT score, then you stand a better chance than most applicants of obtaining acceptance to many law schools. Law schools that indicate that they encourage Aboriginal applications cannot say that they favour the idea of accepting an Aboriginal applicant. However, it is in their best interest to do so, as it looks very good for the law school when they can claim to have a decent contingency of Aboriginal students amongst their student body. However, remember this is the opinion of the author and that any reputable law school in Canada will never admit this idea. I just had to say it because I believe it to be true, and because I want to encourage any Aboriginal potential candidate to apply for law school because there really is a very high need for Aboriginal representation in law school and in the legal community.

For those of you who are not Aboriginal and who have read the above statements, please do not take a viewpoint that this is an unfair advantage given to Aboriginal students. The truth is that the number of applications from Aboriginal students is nowhere near what is needed to fill the 10% goal. It is also true that many Aboriginal people have faced extremely hard conditions in childhood and early adulthood, and that the odds are against them gaining access to university, let alone law school. I will leave the issue at that and hope that I do not create too much fuss.
If you are an Aboriginal applicant, I highly suggest that you do a lot of research on what each law school actually offers to its Aboriginal student body. Certain law schools claim to support their Aboriginal students in terms of counselling and study help. As much as you can, make sure that these claims are true. Also, do some research into what course offerings deal with Aboriginal legal issues. Most schools do not offer much in this way. However, in order to practice in this area, it is a very good idea to be as exposed to as much Aboriginal law as possible during your time in law school. The Kawaskhimon National Aboriginal Moot is an opportunity that is open to almost every law student across Canada and is a great opportunity to learn what it is like to research and practice Aboriginal law.

Mature students are defined as those who are 35 years or older. As with Aboriginal applicants, there may be a certain percentage of spots "held" for mature applicants. As well, special consideration may be given to real-life experience. For example, if you have some connection to law in any way, you should emphasize this in your application résumé and statement of interest. Again, mature students are considered alongside all other applicants first. If they are not successful in this round, they may be considered in a mature student round. You should be sure to contact your law schools of interest to find out particular mature student criteria and standards.

I think that if it is established, with proof that Northern sections of provinces are under-lawyered, and are short on Aboriginal law graduates, and if they think that a new law school within the proper vicinity will help, then go for it.

I look forward to your comments on the above items of interest.

Law School: Grades, Grades, Grades – or, does it matter?

Most of the literature that you will read about law school will tell you that grades are the single most important focus of your first and second years of law school. The competition is fierce for top jobs at law firms in Canada. Further, the competition is getting fiercer for jobs in general in Canada. I received better than average grades in law school, with improvement each subsequent year. I wish I had concentrated more on grades in my first year, but at the same time, I have little regret, and am well pleased with how things turned out.

Grades can be very, very important in 1L if you are vying for a summer job at a legal firm, which can subsequently lead to a guaranteed article at that firm. As well, stacking up your law school transcript before your second summer can be important in setting yourself apart to law firms. This is especially true in larger urban centres such as Toronto and Calgary. If it is your desire to work at a national or large city firm then make sure you put grades at the top of your priority list.

Although I believe grades are great indicia of commitment, hard work and intelligence, I do not think that they provide a complete portrait of the individual. This is why law recruitment committees also include such criteria as personality, experience, fit with the firm culture, and other personal definers in their recruitment material and information. Grades will definitely help you to get in the door of a law firm for an interview, but it is the interview that will ultimately determine your success in obtaining employment at a law firm. I am not aware of too many interviewers who would take an individual on the spot if they had a 4.0 GPA without interviewing them. Nor would they hire a 4.0 law student who made a terrible impression at an interview.

So, get your grades up as high as possible. This may be increasingly important as each year goes by, as article positions decrease, and as competition increases. However, do not ignore development of non-law related interests, skills, and personality. It is important to come across as unique, while at the same time convincing a recruiter that you will fit into their ‘team’. This is a difficult thing to achieve, and I do not have specific advice for you to achieve the perfect balance. My advice is to work hard. Work harder than hard. Achieve your very best. At the same time, try to remain sane, fun, excited, and exciting. Bring passion to school every day, and bring passion to your interviews.

Grades are obviously more important at top law firms than they might be at smaller law firms. There seems to be a pecking order in the recruitment process. Top firms usually choose the top students. Many of those students end up choosing those top firms. However, it is not unheard of to have a very good law student choose a mid-size or small-size firm, or another legal setting altogether. I really admire those who choose for themselves, rather than going to where they are expected to go. Some high achievers are afraid that they will not be challenged or well compensated unless they are at top law firms. I have done research that challenges this notion.

One example includes Canada Justice, or a provincial justice office. These environments can be extremely challenging and rewarding, include a very decent and predictable salary, along with very good benefits. As well, the ‘billable hours’ are usually less demanding, which can lead to a much better balance. Another example is going solo in a small community. I am personally aware of such sole practitioner lawyers who bill $300,000 to $400,000 a year. Even after paying their business rent, expenses, and support staff salaries, they can make a very decent 6-figure income, often while working a very regular 9-5 type schedule. A third example is corporate counsel positions. Often, people who work as lawyers for corporations can earn very high salaries, be highly challenged, while enjoying very regular and decent schedules.

All of these examples require a lot of planning. They are not something that is necessarily achieved immediately upon graduating, or even soon after graduating. However, my point is that it is possible to be very happy as a lawyer outside of the big firms.

Movie Screenplay

So, my wife and I have begun work on a new screenplay. It's law related, of course. I am pretty excited about it. It's something I have always wanted to do. Carpe diem.

Motivation

I went to write a post this evening, and could think of nothing important to write. So, I decided to post some pics of some people who are very special to me. Enjoy.

What do you do as a 1L when you bump into Cops?

Michael Paris, a student at Dalhousie in Halifax recently made me aware of his blog entry, "What do you do as a 1L when you bump into Cops?" As Paris put it, "I suppose the short answer is 'whatever they tell you.'" An interesting read.

My take on Paris' article is yes, you do whatever the police tell you to. The only thing distinguishing a 1L, 2L or 3L, or even an articling student, for that matter, from the rest of the population is...I hate to say it...pompous pride.

The truth is that most 1L's don't know any more about the law than the average peruser of any newspaper of worth, no matter how much they argue that they do. Yes, they may argue that they know certain facts, certain legal principles, certain ratios of certain cases, perhaps even certain legislation. But, they do not know "the law". I often feel, even as an articling student nearing his bar call that I still don't know the law. Every client that comes in my door has a unique set of problems, and it is very rare to be able to provide a smooth, complete answer. It invariably takes time, research, legal analysis, practical thought, and a complete reporting to fully meet a client's real needs.

Like yesterday, for example, someone asked me at a non-profit meeting I attended..."What is the necessary ratio for parents to children for a field trip in Alberta." You know what I said? "Just a moment, let me scroll through my mental law filing cabinet and find that little tidbit of legislation or by-law, along with any case-law surrounding the matter." Just kidding...I said that in my mind...with a lot of sarcasm. It really tends to bother me when the public assumes that once you have an LLB or JD, or even worse, when you are studying for an LLB or JD, that you readily know every area of the law. Can you imagine expecting a mechanic to give you the gas to air ratio for the motor of some obscure collector sports car from Italy, right there on the spot?

My advice for anyone who faces this irritation is to either humbly shrug their shoulders, or suggest that you would like to give that excellent question some further thought and study, because it interests you and you want to be sure to give them the right and proper answer. Usually that calms down the masses.

As far as the police go, they will always use their power to their personal advantage. Perhaps, as one comment on Paris' blog says, the cops are compensating for certain anatomy - hard to say.

Couple more words of advice: don't tell a cop that you are a law student when being interogated in any way. They will only laugh. And absolutely do not tell them that you are a lawyer when you are not. That can only lead to trouble.

Best just to do as they ask. Then, when they go on their way, you and your legal drinking buddies can make excellent, witty, legally-bent jokes about their penises, their knowledge of the law, or even better, about how you get to drink beer, even when you are "on duty."

Admissions: Law School Fees

When I started law school, I was prepared to pay about $5,000 per year for tuition and fees. I felt very lucky, as this number would be “grandfathered” for the next three years. In other words, I would not see an increase in the tuition that I paid from year to year, except for the usual university wide increases. However, the next incoming class would be charged a “differential fee” of about $2000, and the following class even more, so that tuition for them, including differential fees was $4000 more than I paid during the same year. It does not really seem fair, but the argument is made that this differential fee goes towards improving the faculty, and thus the opportunities and advantages for the law students. One or two law professors were hired during my second year, but other than that, I never did figure out what the differential fees were being used for. I was just happy that I did not have to pay so much!

The truth of the matter is that the cost of attending law school has skyrocketed in the past few years. Incoming students for 2004/2005 looked at anywhere between $3,000 to $16,000 for tuition and fees, with an average across the board of approximately $9,454. Add to that amount the cost of living, gym fees, etc. and you are looking at a very hefty total for a year of law school.

It is not unheard of for a law student to amass a debt of $60,000-80,000 or more. Although salaries for lawyers do go up over time, especially compared to some undergraduate or graduate programs, prospective law students should be aware of the high cost and the potential debt-load that they may have to carry. It is a significant investment, and not one that should be taken lightly.

Fortunately, law schools are trying to increase the number of bursaries available to their students. One explanation for the differential fee was that those who are able to pay carry more of their own costs, allowing the school to assist those who are less able to pay. The fact that provinces are increasing the amounts of loans available to law students, as well as the increased amount of remission available to graduating students feeds the differential frenzy.

Canadian Lawyer Magazine recently published an editorial about the huge rise in law school tuitions, and about how it effects the middle class the very most. I found this very intriguing. As the editor put it, she couldn't afford to survive on her own accord because she would have been too poor, and she wouldn't have qualified for student assistance because she was too rich. So, we are beginning to see a situation where the middle class are being pushed out. As with the ongoing conundrum for the poor and middle class to access justice, we are seeing the same group being thwarted from accessing law school.

U of T plans to increase its tuition to $22,000 in 2006/2007. Where will it end? Also, when will the firms begin to reflect the increases in tuition, and in cost of living? What really has me wondering is why the firms aren't talking to the law schools about this problem. An increase in tuition costs means that their incoming articling students and associates are experiencing much more stress because of huge debt loads. Surely a green associate would work much more effectively if they didn't have this extra burden. They already have to worry about the unreasonable billable hours...

I don't post this commentary to discourage you from applying to law schools. However, it is a reality that many applicants are facing. All I can really say about this subject is...start saving now.

Parents in Law (i.e. You Have Kids)

I was a parent during law school. I had two children going in, and three coming out. Wow, was that ever a challenge. I knew of one man who had graduated a few years before myself that had 8 children during law school. Who knows, maybe now he has more.

Plenty of law students are married. Enough of them have children to make this a point of interest.

If you want to read an interesting and rather mind-boggling description of Motherhood in law school, check out Mother In Law: One mom's journey through life and law school.

I will give some more comments on this if you are interested. adam dot letourneau@gmail dot com.

Admissions: Law School Rankings

I just read the current issue of Canadian Lawyer Magazine, where they included the most recent Canadian Lawyer Magazine Canadian Law School Rankings.

1. Osgoode Halle Law School (York University)
2. University of Toronto
3. University of Victoria
4. University of Calgary
5. University of Windsor
6. McGill University
7. Dalhousie University
8. University of New Brunswick
9. University of Western Ontario
10. University of Alberta
11. Queen's University
12. University of Saskatchewan
13. University of Ottawa
14. University of Manitoba
15. University of British Columbia

Failed to make the grade: Universty of Quebec at Montreal, University of Sherbrooke, University of Laval, University of Moncton.

I indicated in a previous post that I will email you the Canadian Lawyer Law School Ranking results for the past 5 years. I have had some requests for this list. If you still want it, don't be shy - shoot me an email - adam dot letourneau@gmail dot com. I would put it up here, but the mag probably wouldn't be happy about it.

To shed some light on this particular ranking system, I notice that my Alma Mater, University of Alberta, is at #10 this year.
Two years ago, it was #11.
Three years ago, #3.
Four years ago, #2.

Take another example: This year's #1 school - Osgoode.
2004: #2.
2003: #12.
2002: #13 (last).
2001: #15 (last).

Isn't that amazing. A school can go from #2 to #10 in four short years. Another school can go from #15 (last) to #1 (first) in four short years.

As you can tell, I am a huge skeptic about these rankings, which are a product of student-only feedback. It is compiled from input from graduating or recently graduated students.

So, I think it is high time to get a proper ranking system out there, and I propose to do so. Please help me by providing some feedback into what information you would like to have included in the ranking system. I look forward to hearing your comments.

Articling: CPLED

So, I passed the CPLED bar admission requirements. What a great feeling. I made it through without failing one of the 23 assignments, a relatively rare thing. Now I just have to finish up my articles (May 31) and I will have met one of my life's major goals. How was your bar admissions experience? Let us know in the comments section or send me.a private email (see profile). Yeehaw!!
AOL

Admissions: Why Law School?

Every law student or lawyer to whom I have posed the question, “What made you decide on law school?” has provided a different answer. There are literally thousands of reasons for embarking on this new career. I have heard of people who wrote the LSAT on a dare, who have done it because they love lawyer movies and TV shows, or who found inspiration in a court case that they read about in the newspaper. I have heard people say that they felt that they had no choice – that nothing else looked good. I often hear people say (some sheepishly and some aggressively) that the money attracted them. Others have indicated that they like the idea of power, prestige and wearing a pinstripe suit on Bay Street. I have heard many times that the reason was that they wanted to help others. There is no right reason or wrong reason. However, there must be a compelling personal reason.

For me, law was a real career change. Before applying to law school, I was Vice President of Operations for an electronic publishing house that specialized in travel and outdoor activity guidebooks for your Personal Digital Assistant or PDA (i.e. Palm, Pocket PC). The idea was that you could bring along all of your cumbersome guidebooks in your pocket-sized PDA while backpacking or cycling or traveling. It was a fantastic job, always putting me on the cutting edge of Internet and computer technology. However, I was ready for new challenges, and the Internet and technology fields had already dropped from their incredible peak in popularity and economic skyrocketing. My body was suffering from being in front of a computer for hours at a time – I had repetitive strain in my wrists, back and legs. So after raising tons of money and making huge progress, our company looked like it was about to fizzle out. It was the perfect time to jump on an opportunity that I had been considering for some time. I read an article that suggested that the best time to embark on further education was during a downtime in the economy. I did not need much more incentive. I signed up for the LSAT exam, and found myself suffering along with a couple of hundred other students in a large auditorium. My desire to succeed was evidenced by my terror – a feeling that lasted until I was finally accepted into law school.

Here are some reasons for going to law school given by various collegues around the country:

"For me, going to law school was more accident than plan. As I was finishing my first degree, I was not sure what I wanted to do, but I knew I wanted a change. Studying law seemed like it would be both an intellectual challenge and something with a direct practical application, so I decided to try it."
--Robin

"I thought that no matter what I chose to do in the future, a law degree would provide a great foundation. One can do so many things with a legal background — e.g. teach, open up a business, work as in-house counsel for a company, etc."
--Kim

"I was always interested in law. I really enjoyed writing and argumentation. I thought law would be a good degree to have regardless of what I ended up doing."
--Mike

"Law school has always been a lifelong dream. I was inspired by the thought of advocating for others in addition to participating in large business transactions."
--Rob

"I wanted to go to law school for a number of years before starting my post-secondary education…I chose to apply to law school mainly because I felt unsatisfied with my current education and couldn’t see myself working in the field that I was studying."
--Jaime

"I had always wanted to go to law school. It was probably in grade 9 that I decided I wanted to go to law school, because of my interest in social studies and politics. In fact, in grade nine I had to write a paper about my career goals and to describe some goals and steps to get there. So at that point, I researched and learned a lot about how to apply and what I needed to go to law school. After my first degree in Arts, I decided to work for a while in Edmonton (where I am from). After working for about eight months (and after applying to law schools in western Canada), I was offered an opportunity of a lifetime - to work on Parliament Hill in Ottawa (a dream job for a Poli Sci grad). I then moved to Ottawa and after a year and a bit of working there and an issue of job security, I decided to look back to my original goal of attending law school and so reapplied to some schools and considered some deferrals I had at other schools."
--Lorne

"I had completed a three-year contract job. I wanted to embark upon a career. Truthfully, I somewhat romanticized the profession of law and did not know nearly as much as I should have about what lawyers do before applying to law school."
--Shawn

What is or was your reason to go to law school? It's really worth thinking about.
From the book "So, You Want to be a Lawyer, Eh? "

More law movies

On December 14, I posted a list of various law movies. Here are some more movies that you may be interested in as a law or pre-law student:

The Devil's Advocate (1997). Based on the Alan Dershowitz novel of the same name, this movie investigates to what extent a young lawyer will go to gain fame and fortune.

A Few Good Men (1992). A military courtroom drama starring Tom Cruise and Demi Moore.

Presumed Innocent (1990) Harrison Ford is the lugubrious defendant in this well acted film based on a novel by Scott Turow.

The Rainmaker (1997). Based on a John Grisham novel, this film features the timeless story of the underdog attorney up against a powerful company.

Dead Man Walking (Gramercy Films, 1995).

JFK (Warner Home Video, 1997). Kevin Costner is DA Jim Garrison and Tommy Lee Jones is Clay Shaw in this controversial docudrama.

Vendetta (1999). Based on a true story about the trial of Sicilian immigrants accused of murdering the New Orleans police chief.

Let me know if there are other law-related films out there that would be useful or fun to see.

transmogriflaw and Anonymous Lawyer

I came across two very clever blawgs recently. The first, Anonymous Lawyer is by a recent Harvard graduate who is writing a book based upon his Anonymous Lawyer blog, it would seem. A cool idea. I wonder who his publisher is, because this I would imagine there would be a good market for this book, based on the number of lawyers and law students blogging these days. I plan to continue to read this blog to see what comes of it.

The other blawg I liked was transmogriflaw. I like it because it is funny. Not everyone is funny, but if you have the gift, I am always glad to see it being shared. I was especially amazed that transmogriflaw's law school does their exams on computers/laptops. Now that is interesting. I wonder if that is a help or a hindrance? I know that my wrist would have been very thankful for such a setup. However, how does her school account for those who can type faster than others? I bet a lot of her law school's students are wishing they had taken a typing class some time during law school!

Here's your law diploma -- and a bankruptcy expert

I was pleasantly surprised to find an article about Canadian law schools in The Globe and Mail on Wednesday, January 11, 2006. From what I could see, it was a well researched article exposing the horrendous rises in law school education, the latest rankings of Canadian law schools, and recent achievements by some very clever Canadian law students.

If you would like me to email you a copy of the Canadian Lawyer law school rankings for the past 3-4 years, shoot me an email (see profile). You will be very surprised at how various schools have jumped around this list. It is a skewed ranking because it only asks graduating or recently graduated law students what their thoughts are on their alma mater.

I am thinking about publishing my own law school rankings. If I was to do so, what would you want to know about law schools? What would really matter to you? Let me know in the comments section. I was thinking of doing it along the lines of the Maclean's University Rankings, which is, in my mind, extremely helpful to prospective university students.

For myself, I would want to know student/prof ratios, the variety of classes offered, the % of students who have jobs coming out of 3L, the $ available for entry bursaries and scholarships, the number of research $ obtained by the school, and much more. I would be really interested in hearing what you would want to know to help you make a more informed decision.

Game theory and law school

I just read through an interesting commentary on law school grade distributions by Ari David Kopolovic, the creator of The Distillery blawg. Fascinating reading Ari! Keep up the posts like this one. If you go read this blog, be sure to read the comments as well, as they shed some extra light on the matter.

Daily Dose of Imagery

Ever get bored while taking notes in class? Have a laptop? Check out Daily Dose of Imagery. I got hooked on this blog site about a month ago. It is equally useful if you are in need of a way to pick up your day during articling.

If this site doesn't get you hooked on photography as a hobby, I don't know what will. If you have the time, scroll through his daily images until you get to the pumpkin photo. It's well worth your time. I love that photo! Also, look for the grumpy man on the tractor. Classic. Just excellent.

The blogger is Sam Javanrouh. Read a great article about him that I found recently in the National Post.

Blogrolling Law Eh?

Thanks to the following weblogs and websites that have recently added permanent links to this one.

The Scapegoat
The New Step
Vancouver Law Librarian Blog
Duty to Consult
The Distillery

I really appreciate it!

Admissions: The LSAT

I thought I would share a few thoughts today about the LSAT. Most of you who are applying for law school this year will have taken the LSAT, as law school application deadlines are on Nov 1, Jan 15, or Feb 1. However, U of New Brunswick is Mar 1 and U of Moncton is Apr 30, so the upcoming LSAT test on Feb 12, 2006, and the following information may apply to you. For those of you thinking of applying in 2006/2007, you might also find the following helpful.

According to informal surveys, most people write the LSAT more than once. Some say that rewriting will not significantly improve your score. In my case however, my second try resulted in a marked improvement. After my first poor showing, I then took a personal inventory of how I had prepared the first time and came up with a methodology that I was sure worked for me. I have heard this same strategy for others who have had to write the LSAT more than once. I found strategies that allowed me to more fully comprehend the games section of the LSAT, which brought my scores up considerably on the practice exams, which I dedicated myself to the second time around.

Many prospective law students feel more confident going into the LSAT having taken a preparatory course. Kaplan and The Princeton Review are probably the best known. In Canada, Oxford Seminars puts on courses throughout the country. Numerous private companies in each city or university in Canada put on courses as well. It is a good idea to visit the local law school to look at the bulletin boards where you will be sure to find advertisements for numerous LSAT prep courses. You can also find advertisements on other bulletin boards in undergraduate university buildings. It is helpful to ask around – ask classmates or friends that you know who have written the LSAT or taken a prep course to see what they think about the various prep courses offered in your area.

There are many LSAT prep courses, books and CD-ROMs that may help you gain an edge over other LSAT test writers. However, everybody will find the best success through gaining a strategy of his or her own. This comes through practice, pondering and practicing again. Learn from your mistakes. Come up with short cuts and strategies that work for you. Increase your mental endurance through more regular, prolonged study sessions and repeated mock LSAT test writing situations.

As I mentioned, I wrote the LSAT twice. This is common. It is an overwhelming experience the first time round, and many people are unprepared, especially in terms of the mental and physical strain and the endurance required. Alternatively, perhaps nerves got in the way. Do not be too embarrassed if you find that you need to write more than once. If you have decided that law is your dream, do not let this obstacle get in your way. Do not give up that easily. Under normal circumstances, you can take the LSAT up to 3 times in any two-year period. This applies even if you cancel your score or if it is not reported otherwise. You may hear from different authorities that LSAT scores do not differ greatly under normal circumstances from one test to another. You can find more detailed information on this at http://cachewww.lsac.org/pdfs/2004-2005/registration-book-ca-2004b.pdf (LSAT Registration & Information – Canadian Law School). This document includes a great matrix of differences between multiple test attempts. Do not be thrown off by this information. It is a matrix of averages. Not everyone will fall within his or her averages. If you feel that you might do better if better prepared, both mentally and physically, it is definitely worth trying the LSAT more than once.

As with your GPA, your LSAT score should be a private matter. Some students like to boast about their LSAT score. However, the LSAT is not always indicative of your real potential in Law School. There are so many other factors that come into play, such as ability to handle stress, social ability, study habits, whether some or numerous areas of law catch your fancy, your relationships with other law students and law professors, and so on.

Sharing your LSAT score is not necessary. It does not help anybody. It can make people feel bad about themselves, or cause them to categorize you. Unless someone shares their score with you in a non-hostile, non-threatening manner and in an atmosphere that you are comfortable with, I would suggest that you tuck your score sheet in a locked file cabinet and forget about it.

If you found this post useful, you may be interested in the book I wrote on the Canadian Law School experience. It's also available at Chapters/Indigo. Thank you to those who have purchased the book. I hope that you have found it useful in your preparation for law school and, if applicable right now, in helping you to land a great legal job.

Political Apathy Begone

Check out Liam McHugh-Russell and what he's doing to fight political apathy amongst youth and/or university students. I applaud him for stepping outside of the often indifferent atmosphere of law school to make a statement. Whether he is successful in winning over anyone over the age of 25 remains to be seen, especially given his competition in U of T visiting professor Michael Ignatieff as the Liberal candidate in Liam's riding.

Crazy Law News

Sorry I haven't posted in a few days. My mother had a stroke last week. Pretty devastating! It sure makes me appreciate my own freedom and agency.

So, I read a story this morning about the founder of Vermont Law School, who also ran for the Senate. He has been charged, convicted and sentenced to jail for defrauding a woman of $115,000. What a creep! What a hypocrite. Imagine spending years teaching students about the integrity of the profession, of the law, and then ending your career like this.

Here's a good idea - suspend or take away licenses for high school students who drop out or have failing grades. Now, that would be motivating. Anyone know if any provinces are considering this tactic?

I liked law school, but maybe not this much - A generous millionaire thanks his law school - Donates $2.5 million to University of Alberta Faculty of Law. Wow! Cool story. Glad to see alumni giving back when they can. This is another good example of how diverse your career can be with a law degree.

Law Movies

One really cool, yet not very accurate, way of finding out what the law and what lawyers do is to watch law-related movies. Like I said above, law movies do not always very accurately portray legal procedure or true legal theory or doctrines. However, I know that for myself, watching law movies and law-related t.v. played a large role in inspiring me to go to law school. I still like to collect law movies and to watch them on occassion. Sometimes they serve to inspire me to continue on in the legal field. Sometimes, they are just plain entertaining. Sometimes, it can be really fun to find all of the legal flaws in a given movie. Sometimes, it's fun to analyze a movie lawyer and imagine emulating some of their personality, especially the confidence aspect.

Here are some of my favourite law movies:

To Kill a Mockingbird - Atticus Finch, a lawyer in the Depression-era South, defends a black man against an undeserved rape charge. Starring Gregory Peck. Excellent courtroom drama, and some fine acting for its time. The book is also definitely worth reading.
Philadelphia - When a man with AIDS is fired by a conservative law firm because of his condition, he hires a homophobic small time lawyer as the only willing advocate for a wrongful dismissal suit. Starring Tom Hanks and Denzel Washington. Cool movie, but very sad!
My Cousin Vinny - this is just plain fun watching. Danny Devito is absolutely hilarious in this film!
The Firm - I love the beginning of this movie. It glamourizes the idea of being a hot-shot law student, and a resulting hot-shot lawyer. I love how he gets wined-and-dined. Cool.
Runaway Jury - one of my favourite movies and books - I liked the acting in this movie. Of course, the book is better because the reader gets to infiltrate the minds of the characters more.
A Civil Action - one of the most realistic law movies that I have seen, although many of my friends go nuts when we discuss whether the main character should have taken the offer.
The Paper Chase - a very entertaining view into Harvard Law School in the 70's. An accurate portrayal of 1L, I thought. I loved the ending of this movie.
The Pelican Brief - not my favourite as I don't really think that Julia Roberts can act very well. But a feel-good popcorn chewing movie.

Movies I plan to see in the next year or two:

12 Angry Men - A jury has to decide a seemingly open and shut case of a young man (who, as with most of the jurors, remains nameless throughout the film) who has been accused of murdering his father in a fit of anger. The evidence couldn't be clearer that this guy did it. Murder weapon, motive, eyewitness testimony all in place. One juror (Fonda) however, wants to talk the case out. He's not 100% convinced that the guy is guilty. And so it begins.
Anatomy of a Murder - James Stewart, a Michigan attorney, and his colleague defend an Army officer for murdering his wife's rapist. Directed by Otto Preminger.
...And Justice For All - "In this scathing, deadly serious satire, Al Pacino is brilliant as a public defender battling injustice in a legal system gone mad. The insanity, corruption, and infuriating blunders will conspire to make most viewers enraged, and rightly so."
The Verdict - A lawyer sees the chance to salvage his career and self-respect by taking a medical malpractice case to trial rather than settling. Starring Paul Newman, Charlotte Rampling. Director: Sidney Lumet.
A Man for All Seasons - "A highly honored film (winner of six Academy Awards in 1966, including Best Picture, Best Director, and Best Actor)"; account of the life of one of the great men in English history: Sir Thomas More, English lawyer, scholar, statesman' and a victim of the wrath of King Henry VIII; "Robert Bolt's beautiful screen adaptation of his own highly successful and award winning stage play of the same name. It's a reasonably accurate accounting of the events of the last years of Sir Thomas More's life."
The Jury
The Hurricane
The Chamber
The Juror
Judgment at Nuremberg
Adam's Rib

Have a legal-related movie that you love, or maybe hate? Let me know in the comments section. I'm always looking for new films to view.

Solicitor vs. Barrister

Some of you might be wondering what the difference is between a barrister and a solicitor. I wondered this myself for some time, even during law school.

These are English terms. Many Canadian lawyers do not distinguish whether they are a barrister or a solicitor, where apparently they do make a more concrete distinction in Britain. Some lawyers that I know use these terms openly when describing their legal practice. Most don't except to put "barristers and solicitors" on their firm sign and perhaps their stationary.

The basic definition of a barrister is someone who predominantly represents clients at the "bar" in court. In Canada, any lawyer can represent a client in court, but many do not wish do make this a large part of their practice. I suppose that solicitor work is any work that does not involve barrister work where legal advice is given.

Most lawyers in Canada refer to their work as either litigation work or solicitor work. Many lawyers show a genuine interest (or, in turn, distaste) of one or the other. Many lawyers, especially solo practioners, practice both barrister and solicitor work.

Some lawyers have suggested to me that it might be wise to choose one or another type of work to accomodate the development of true expertise in a more narrowed field. This may be more practicle in some firms, but I think that many lawyers would be better lawyers if they at least dabbled in "the other side" once in a while.

solicitor and barrister defined: In England and some other Commonwealth jurisdictions, a legal distinction is made between solicitors and barristers. A solicitor has exclusive privileges of giving oral or written legal advice. A barrister has exclusive privileges of preparing and conducting litigation in the courts. In Canada, the title "barrister and solicitor" is sometimes used even though there is no legal distinction between the advising and litigating roles. Canadian lawyers can litigate or give legal advice as can U.S. lawyers or attorneys.

Alternative legal careers

OK, so you are thinking about law school, but you don't know if you really want to be in a courtroom setting throughout your career. Or, you are in the middle of law school, and you have decided that Bay Street is not your gig. Or, even better, you are just finishing up your bar admission requirements and you are really wondering if billable hours will soon drive you insane. Here are my thoughts for today on alternative legal careers.

Step One: Get your LLB/JD, and do your best. Absorb the law school experience, even if you have dediced that you don't want to be a "traditional lawyer." Many people have gone into law school with the full intention of NOT being a lawyer. Why would they do that? Because just about everything that they absorb in law school will have some benefit down the road, regardless of the career choice.

Potential Careers:

• Polititian (As a matter of fact, fourteen of Canada's twenty prime ministers were, or continue to be, lawyers. Among the prime ministers who were not lawyers was a doctor, a diplomat, a labour expert, and a printer - and once you are done politicing, then maybe you'll be ready to return like this guy did.)
• Legal researcher
• Business Executive (here is a compelling case for lawyer-CEO's)
• Consultant
• Member of various Board of Directors (I have heard of some people who actually make a living doing this!)
• Lawyer for Contract (have a say in your hours and types of work!)

more ideas to come...

How to avoid burnout in and after law school

1. Develop really good study habits in your undergrad years - these will help you to manage your time more wisely and to continue to practice consistency.

2. Be consistent. From the day that you begin studying for the LSAT until the day that you write your bar admission test or last CPLED assignment, practice consistency. The demands are just too big to procrastinate. Never put off for tomorrow what you can reasonably complete today.

3. Find a really good mentor or set of mentors. Be a loyal mentoree. Achieve a situation where you can call up your mentor without guilt.

4. Read this book (I sure wish that it was there when I went through law school) and read "Getting to Maybe" before you start law school. In fact, read every resource that you can get your hands on, for the LSAT, for law school success and for finding the job of your dreams.

More tips to follow on another day. Happy blawging.

Clerking

I have a few friends that are currently clerking with one court or another, and have some friends that have clerked for a court. I often wish I had pursued that opportunity. I came across a nice article from University of Toronto's Ultra Vires newspaper by Jennifer Khurhana who clerked at the Ontario Superior Court of Justice in Toronto. It's a fresh take on the articling experience, and may inspire you to pursue this avenue. I definitely buy into her notions about loving what you do, and having time to smell the roses. That's why I chose (it's true - I chose amongst many excellent options) to article in a smaller city centre, where my billable hour expectations are considerably lower than those expected in larger city centres. Kudos to those who take a good hard look at where they want to be post-law-school. I have time to learn, each day I can arrive at work relatively fresh, and I can feel like I have something left to give my family at the end of each day. If you would like some more input on clerking, send me an email at adam dot letourneau@gmail dot com and I will email you some content on clerking from my book. The section on clerking was written by a student who interviewed with every level of court, and ended up with a clerking position with the Court of Appeal. It's good stuff, and you may find it helpful towards making an informed decision.

The Collected Stankowski Reports

If you want some hillarious reading from the perspective of a First Year Associate, read the The Collected Stankowski Reports. I loved his perspective on working a 70 hour work week, and Ten Things Every Associate Needs to Know. The anonymous writer is brilliant, and has an uncanny ability to drive at the truths of lawyering in a big firm. He brings the reader back down to earth so that they can laugh at their situation...at least a little bit. Working in a small to mid size firm myself, I still appreciate many of Stan's reports and insights. For those of you aspiring to law school, take Stan's viewpoint with a grain of salt. Not all law firms operate in the same way as his. You do have a relative amount of control as a young student-at-law/associate. However, reading these posts by Stan may be good food for thought for those of you who are dreaming about working in a Megaopolis Law Firm. About the Author: Stan Stankowski is the pseudonym of a first-year associate working in a litigation firm somewhere in the Southern United States. Enjoy Stan.

It's ruled sleep sex

Want a small taste of the bizarre nature of the law - the crazy stuff that goes through our court system? Check out the article "It's ruled sleep sex" by Natalie Pona of the Toronto Sun. Now is that weird or what! The guy gets off on rape by claiming that he was sleeping during the whole episode. Further, he has "sleepsexed" four other girlfriends. I guess the judge bought the idea that he was just a sleep-walking raging hormone. What kills me is that he only realized his heinous crime once he went to the bathroom after waking up, and realized that he still had a condom on. I guess his only saving grace, in my mind, is that he went and confessed right away to the police. I figure, if you know that you have this kind of problem, you should have it treated. Not unlike pedophiles - if you know you have a problem, and you know that it is abhored by society, go get some medicine, go get some help. Glad to see this guy is now taking some meds and staying away from alcohol. The poor woman who complained about the rape - I don't think she's too happy about the result! I think University of Toronto law professor Hamish Stewart is right when he says "We may hear more forms of this defence from accused persons." Let's hope that is not the case. There are already too many rapists getting off the hook because the victim cannot piece together enough recollection to prove the indicident beyond reasonable doubt. I recently watched an entire sexual assault trial where the guy was acquited because the girl had been so traumatized and embarrassed by the incident that it left pretty big holes in her story, which of course could not be filled by other witnesses, as it was only her and him in the bedroom. Pretty sick!

Speaking of sick, can you imagine how Karla Homolka's victims feel right now, knowing that the killer of their children is completely free to do as she pleases and roam as she pleases? What really kills me is that she is able to freely associate with criminals, including her former husband (aka The Devil), and that she can have free access to children or teens.

The Happy Lawyer

Many colleagues, both in and out of law school have made comments to me about how they have never met a Happy Lawyer. I plan to post a number of entries to this blawg on this particular topic, as I find it of great interest. I think that it is important for a number of groups - those considering a legal career, those stuck in the middle of law school, wondering if they should stick it out, and of course those who are in the thick of things in their legal career - wondering if they are in the right place at the right time.

Check out this post from Evan Shaeffer's Legal Underground called Why are Lawyers So Unhappy. Also, check this book called "The Happy Lawyer" by Larry Schreiter and this book by Jim Canterucci that I came across recently. I think that the attorneys that wrote these books are on to something, and I would like to pursue it. Look forward to future thoughts on this subject.

JD versus LL.B.

Most Canadian law schools award the degree of LL.B. (Bachelor of Laws), while law schools in the U.S. offer the JD (Juris Doctor) degree. Toronto decided some time ago to offer a JD degree rather than an LL.B. They also increased their tuition dramatically, nearly on par with U.S. upper-end law schools. Ottawa has followed suit somewhat by offering a combined four-year LL.B/JD degree in conjunction with either the State University College of Law in East Lansing, Michigan or the American University (Washington College of Law) in Washington D.C. The JD is a U.S. degree, which enables the graduate to practice law in both Canada and the U.S. This seems to be a great idea, allowing for much flexibility for employment, and would be a great advantage to a prospective employer who does transaction work between Canadian and U.S. corporations. However, be aware that you will pay high tuition while attending Michigan or Washington for two years of the four-year program. The University of Detroit Mercy and the University of Windsor Ontario Schools of law were the first to collaborate to create a joint American/Canadian law degree program. Students complete 104 credits in three years and successful graduates receive both their JD and their LL.B. degrees.

Many other law schools have looked at the issue of the difference between the JD and the LL.B. There are many opinions on both sides; however, the predominant view at this time is that there is nothing wrong with the LL.B. in terms of gaining employment, especially within Canada. It is apparent that the combined JD (U.S.A.)/LL.B. would be an advantage if you wanted to work in the U.S. and could not gain exclusive acceptance at a U.S. law school, or if you think you might like to return to Canada one day. There is a long-standing tradition behind the LL.B. designation, and many people are not willing to exchange it for a JD designation easily.

You can find some brief discussion of the matter here. You can find an interesting survey with resulting comments at the Queen's Law Life blawg. There are some very sound arguments made.

A recent post at lawbuzz.ca discusses the switch that Western Ontario recently made. The conversation is lively, and there seems to be a lot of opinions back and forth.

Even before reading the above commentary, I was of the opinion that I would trade in my LL.B. for a JD if the option was offered to me by my alma mater. I am not too impressed with the idea of paying $150.00 for the privilege. I wonder which schools are currently seriously considering making the switch. I also wonder if there are students pressuring their law schools to consider making the switch. It would seem that the trend is moving in this direction, and I, for one, would not want to be left in the cold. Some may think that it is trite, however, I agree with the argument made in one comment at Queen's Law Life blawg that the LL.B. is an English tradition, where law students are admitted straight out of high school. This obviously is not the way in Canada. I think that the rest of the world needs to recognize that the Law degree in Canada is at least equivalent to a Masters degree, if not more. Most people can finish out a Masters degree in two years (post undergraduate). Law school was three years, plus a gruelling year of articling, which is where the real education begins. I think that these things should be recognized, and that a JD designation would help.

If you have any on-point comments, please don't hesitate to post it in the comments section.

Legal Tales from Gilligan's Island

I don't know about you, but I kind of like law movies and law t.v. Both were definitely influential in my decision to go to law school. During law school, while bored in class one day, I came across the following very interesting article from the Santa Clara Law Review. "Although the series has been the subject of numerous studies, its legal facets are almost never mentioned. As a result, even the show's most ardent fans are rarely mindful of just how much law appeared in the series. Accordingly, this essay seeks to shed some light on the jurisprudence of Gilligan's Island." It makes for some fascinating reading, especially if you were a fan of the original or the long-running re-runs.

Back on track

I have decided to get this blog back up and running.

There are a lot of different resources and blogs and forums out there. I would like to have this site become a hub of information for prospective and current law students. I have added a bunch of my favourite law links and law blogs.

For those who are interested, I am 1/2 way done completing my articles.

For those who are in need of a resource for law school, check out my recently published book on the subject of Canadian law schools.

I recently came across an amazing entry at the [non]billable hour, a great blog hosted by Matt Hoffman. The title of the entry is "Being Part of the Solution: If Blawggers Ran Law Schools". I have to say that after going through law school that I agree with almost everything that Matt has to offer. I don't exactly know who all the people are that he is referring to, but I agree with his overall ideas of revamping the law school curriculum to reflect more of an apprenticeship/business oriented approach. Lots of people will disagree with this idea, saying that law school is more for teaching you the theory and how to think logically. However, after being in the field for 6 months, I wish that I had been given more tools to help me run a law practice, how to deal with clients, how to deal with co-lawyers, etc. If you have some comments on Matt's ideas that you would like to post here, I would welcome them. Perhaps you might have some suggestions that would be more particular to the Canadian law school experience?