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

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

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

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

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

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

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

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

York law student caught with fake degree

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

Wednesday, 17 December 2008

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

Read the whole story here.

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

LU's law-school dream could take step forward

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

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

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

Getting that first law job

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

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

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

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

Mediation should be emphasized in law school - all law schools

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

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

The power of emotion in advertising

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

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

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

Critics clash over role of law schools

From The Lawyer's Weekly:

By Nora Rock
Toronto
December 12 2008

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

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

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

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

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

You can read the whole article here.

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

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

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

Ted Roger's Funeral Today

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

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

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

NY lawyer arrested for impersonation

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

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

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

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

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

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

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

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

Critics clash over role of law schools

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

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

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

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

Read the whole article here.

Back in the Saddle

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

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

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

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

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

Thanks for your ongoing support.

Gilbert says LU not giving up on law school plan

Tb News Source
Web Posted: 7/29/2008 8:12:25 PM


The president of Lakehead University is vowing to continue the fight after a major blow Tuesday to the plans to bring a law school to Thunder Bay.

The McGuinty government has announced it will not be funding any new law schools in Ontario for the foreseeable future. Fred Gilbert said LU will carry on its plans to renovate the former PACI, but he admits that opening a law school in 2010 is no longer a realistic possibility.

When LU and the Lakehead school board signed the $850,000 purchase agreement for PACI last month, things appeared to be looking up for the university's plans to open a law school in Thunder Bay but the plans have hit a major snag. Liberal MPP Bill Mauro says his government has received advice that there are enough law graduates in Ontario as it is. Therefore, LU and three other universities will not get any financial backing for their law school plans.

The president of the Thunder Bay Law Association, Stephen Wojciechowski, says his group is very disappointed by the province's decision. He says Thunder Bay and other small cities are approaching a crisis situation with their limited influx of new lawyers, and he says the legal resources in the Northwest are slowly dwindling to unacceptable levels.

Gilbert says the LU law school would have turned out 55 graduates each year with expertise in aboriginal law, natural resource and northern issues. Despite the setback, he says LU will move ahead will their plans to renovate PACI will still proceed trying to achieve accreditation for its law school curriculum.

Eight years ago, Gilbert and local politicians convinced the province to reverse a decision and allow a full four-year medical school at LU. Gilbert says they plan to do it again and Mauro said he's on board to help LU reach its goal, as he pledged in his 2007 election platform.

But for now, Gilbert concedes that the chance of the law school opening as planned in September 2010 is no longer a realistic goal.

The province has six southern Ontario-based law schools and a new one hasn't been opened in almost 40 years.

Province lays down the law

Asearch through the Law Society of Upper Canada's directory shows there are 203 lawyers in Sudbury. Yep, that's right CCIII.

The Law Society of Upper Canada's membership data shows there are 38,879 lawyers in the province. (We won't trouble you with the Roman numerals.) Almost 1,500 new lawyers were called to the bar last year in Ontario.

A few in Sudbury aren't practising, a few are suspended, a few in the registry are deceased.

And while the North suffers from a chronic lack of professionals and specialists, with lawyers it is not because the province isn't churning out enough of them, it's largely because they don't settle here.

The argument made in favour of the medical school -- training doctors in the North, giving them a look at the lifestyle -- can reasonably be transferred to lawyers, since they must leave the area to enrol in one of Canada's 16 law schools (Ontario has six) to pursue their legal ambitions. But if the province is to put money into education, the legal profession, says Colleges and Universities Minister John Milloy, isn't a priority. He wants to focus on graduate studies and doctors.

We cannot disagree with those priorities.

Read the whole editorial here.

Ontario won't fund proposed law schools

KAREN HOWLETT - National

July 30, 2008

The Ontario government says it has no money to train new lawyers, dashing the hopes of three universities in the province competing to open the first new law school in Canada in nearly 30 years. Plans for the new schools come from Wilfrid Laurier University in Waterloo, Lakehead University in Thunder Bay and Sudbury's Laurentian University.

All three universities looking to set up full law schools, including two in Northern Ontario, say they developed their proposals in response to local concerns about the lack of legal services and the need to attract young lawyers to rural areas.

But in a letter to university presidents last Friday, the Ministry of Training, Colleges and Universities says it will not be approving any funding for new law schools in Ontario. The province's six existing law schools are meeting the demand for new lawyers, the letter says. As well, it says, the number of law-school graduates in Ontario exceeds the number of articling placements available.

Olympic hungry

Man, I have just loved keeping track of all of the Olympic trials, both for Canada and the US. Olympic time is my favourite time. I have gotten hyped during the summer every four years since 1984 when I watched the Olympics in my grandparent's living room. This year is even more exciting for me as my children are now getting to an age where they can start to appreciate some of the finer points of sports, and as they are now competing in sports themselves. Last night, my one daughter told me that she wants to be a doctor and an Olympian when she grows up. That really inspired me. Our swim team is called the Raymond Olympians, and both of my daughters are competing and my wife and I are coaching. Really cool. Really real.

I have also been getting in the water as much as possible, and my swimming is improving. Our family is all competing in a triathlon in August. I don't feel that I will be competitive at all, but I probably won't come in last place. I did a 10K in June that really hurt, but I was proud to have finished as I had not been training properly for weeks before the race, and I had woken that morning with aches and pains and a big headache. Work seemed to get in the way of training. Having my wife and daughters train for the triathlon is really inspiring and exciting for me. I have a bit of a cold/flu today, so training has taken a back seat again...at least for a few days.

I met with a fellow lawyer today at lunch, and was pleased to hear that my experience of seeing a decline in the amount of available work is not unique to my personal practice. He said that he is having to work harder to meet his own billable expectations. Those lawyers in Canada (especially sole practitioners) who think that the current state of affairs in the US and Canada is not going to affect them - they had better make sure that they are prepared, flexible and outgoing. Real estate has been the bread and butter for so many of us for a few years, but it's getting harder to rely on conveyancing to pay the bills...

It might be time to go do some more research into rainmaking tactics. Actually, my personal practice is thriving right now. Each month seems to bring an increase in client base and quality of work. There are some specific files that are bringing me great joy as I work on them. Further, I am getting better at firing those clients that I really do not appreciate working with. Also, each month I am gaining expertise in the areas that I am practicing in, and my confidence continues to grow. Each day brings its own challenges. It's not getting boring yet. This is the longest that I have held the same job (i.e. being a lawyer) in my life, I think. Well, that's not true - I was a lifeguard for many years, but that was usually part-time work, and I didn't really consider it a career. In any case, I feel I have reached a bit of a milestone in that my practice just passed its two-year anniversary (I opened my law firm the day after I passed the bar). Cool, huh?

Good reading makes a good lawyer

Over the past few months, I have been spending some of my down-time reading some great books. I found a website - 100 Must-Read Books: The Essential Man’s Library

Whether that list of 100 books is necessarily exclusive to men is obviously debatable. However, I do think it is a good collection of classics and potential classics that hold a considerable amount of knowledge, and entertainment.

I decided to read all or at least most of the books on that list, with the hopes that I might better myself. Enough of the John Grisham books. Besides, his latest work absolutely sucked. I'm ready for something bigger, something better.

So, to date, I have read from the list:

1. The Hobbit (read numerous times)
2. The Great Gatsby (I hated this book, and wouldn't even render a review of it)
3. 1984 (read a long time ago, and thought it was very depressing)
4. The Catcher in the Rye (I absolutely loved this book, and will provide some comments later on)
5. The Picture of Dorian Gray (a very strange, but fascinating read)
6. Brave New World (so strange, but very thought provoking. I will provide comments later)
7. Animal Farm (read a long time ago)
8. Frankenstein (one of my favourite stories, but getting to be a downer when I read it over again)
9. The Stranger (L'Etranger) by Albert Camus - one of my all-time favourite books, I have read it at least 10 times in both English and French.
10. To Kill a Mockingbird by Harper Lee. I absolutely loved this one. I liked the legal aspect of it, but it had so much more to say. More comments forthcoming.
11. The Autobiography of Benjamin Franklin. I really, really enjoyed the first 3/4 of the book, and think that I will be a better person for having read the first 3/4. The last part had way too much US history that was totally irrelevant or over my head.
12. Zen and the Art of Motorcycle Maintenance. I have read this book a couple times and really enjoy it. I am planning to buy a motorcycle soon, so I might have to read it again soon to relive the great feelings portrayed in this book.

I am currently reading The Rise of Theodore Roosevelt by Edmund Morris and Into the Wild by John Krakauer. I am really enjoying both, especially the latter. I have started The Count of Monte Cristo by Alexandre Dumas, but it is slow going.

I tried A Farewell to Arms by Ernest Hemingway, but found it too wispy of a book. Almost contrived. Maybe I was missing something. I got about 1/2 way through before abandoning it.

So, not too bad. Am I a better man now? I think so. I find myself thinking about these books a lot, especially the ones I have read in the past three months. I find I am thinking on a higher plain. Am I a better lawyer? Maybe - at least, I am more present in my thinking, and not just bogged down in real estate documents and wills and contracts.

Have any books that you would add to this list? Either for being a better person, or for being a better lawyer?

Senior Will & Estate Planner

Here's an example of a job posting that was on www.AlternativeLawJob.com. This is really cool. I'm glad to see these kinds of postings...

As one of Canada's Top 50 Employers for the fourth consecutive year, Scotiabank places great importance on recognizing and rewarding strong performance. We offer room for advancement, a stimulating work environment and the resources to help you make the most of your career. Together, we continue to make Scotiabank a great place to work. Incorporating the key personal investment and advisory activities within the Scotiabank Group, Wealth Management provides a full range of products and services that encompass retail brokerage, investment management advice, mutual funds and savings products, and financial planning and private client services for affluent clients. POSITION SUMMARY: Department assists clients appointing Scotiatrust as their Executor/Trustee with the development of an estate plan, and works with external lawyers for the preparation of client Wills. Key accountabilities for this role: Support the development of new Wills and estate / trust business and identify cross-sell opportunities Work with eligible clients to provide information / advice on planning options and record /confirm Will instructions Review draft Wills prepared by an external drafting lawyer as to form and content prior to execution Prepare and deliver seminars to staff and clients / prospects in Will and estate planning in conjunction with the Financial Consultants, SPCG and ScotiaMcLeod partners Develop relationships with Centers of Influence for the purpose of initiating new Will - estate opportunities QUALIFICATIONS: Expert knowledge and understanding of estates, trusts, Will and estate planning, and personal income tax, that may be supported by a LLB., relevant experience and Trust Insititute designations. Effective relationship management and networking skills with particular emphasis on supporting the sales team, working with affluent clients, SPCG and ScotiaMcLeod business lines, and internal and external centers of influence Excellent oral and written communication skills to effectively represent the department Demonstrated speaking and presentation skills in a sales team environment to attract corporate executor and other trust business. EDUCATION AND ACCREDITATIONS: LLB, or Trust Insitute Designation and Senior Estate and Trust Planning Experience The Scotiabank Group is an equal opportunity employer and welcomes applications from all interested parties. We thank you for your interest, however, only those candidates selected for an interview will be contacted. No agencies please. If interested, please apply online at Scotiabank Careers

www.AlternativeLawJob.com

Dear Adam,

I recently came across your blog, specifically your post of July 15th entitled "Leaving the Law". Given the nature of that post and your blog, I thought your readers would be interested in knowing about our new job posting blog for Canadian lawyers.

You can visit us at: www.AlternativeLawJob.com

Our blog focuses on a growing and under served group within the legal community, namely:

Lawyers who are seeking alternative career opportunities both inside and outside the legal profession.

Our site ONLY posts the following types of opportunities:

* In-house, government and non-profit counsel positions;
* Law related careers;
* Non-legal careers for lawyers;
* Opportunities to join start-ups and small businesses.

To ensure that our visitors have access to the largest number of career opportunities, posting jobs on our site is absolutely free (our editorial staff reviews and approves each job posting before it is published to ensure that it is relevant for our audience).

Feel free to email me if you have any questions about our website.

Regards,

Stephen Fine

Founder – AlternativeLawJob.com
--
Alternative Law Job
email: contact@alternativelawjob.com
website: www.alternativelawjob.com

Leaving the Law

A few of my friends and associates have already left law as a career. Most of them aren't sure if they will ever come back. That got me to thinking, what would I do if I wasn't practicing law. It is a difficult thought, now that I am deep into a personal legal practice. The idea of throwing away those three years of law school, that year of articling, that year of preparing for law school. Many, that would be hard. But, there are those out there who are desperate to get out of this career. Believe me, it is not for everyone. Here are some resources that I have recently come across:

1. www.leavingthelaw.com. "You can find meaningful, engaging work outside of the law and make a good living. Together we help you discover the alternative career you were meant to have and make your career transition with joy and ease.

A former miserable practicing lawyer, I’ve developed a variety of unique products and services that empower you to find fulfilling work.

Become someone you never thought you could be—a lawyer who looks forward to going to work."

2. The Unhappy Lawyer: A Roadmap to Finding Meaningful Work Outside of the Law (Paperback) by Monica Parker (Author)

3. Running from the Law: Why Good Lawyers Are Getting Out of the Legal Profession (Paperback) by Deborah Arron (Author)

4. What Can You Do With a Law Degree?: A Lawyer's Guide to Career Alternatives Inside, Outside & Around the Law (Paperback) by Deborah Arron (Author)

5. Nonlegal Careers for Lawyers, Fifth Edition (Paperback) by Gary A. Munneke (Author)

6. Alternative Careers for Lawyers (Princeton Review Series) (Paperback) by Hillary Mantis (Author)

7. Beyond L.A. Law: Inspiring Stories of People Who've Done Fascinating Things with a Law Degree (Paperback) by National Association for Law Placement (Author)

Women In Law: Bucci serves community and piles up accomplishments

By Robert Todd | Publication Date: Monday, 14 July 2008 - Law Times

Small towns in Ontario fighting to keep legal services may want to give Kristen Bucci a call for advice on luring law grads.

Read this inspiring article here.