Court OKs fees, residential school deal can proceed

Looks like Tony Merchant will get his bucks. Does anybody know whether lawyers are still picking up clients for this settlement? Or has that phase already passed?

Dalhousie Law School is OLD!

Here's a tidbit for you : "Dalhousie is the oldest university-affiliated common law school in the British Commonwealth."

That's the claim on the Dalhousie Law School index page of their website. Who knew!

Defining Your Practice - Your Area of Law

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

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

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

2008 US News Law School Rankings Leaked

The internet is abuzz right now with unofficial, leaked versions of the 2008 U.S. News & World Report Law School Rankings. The rankings are to be officially released on Friday, March 30, 2007. (The official U.S. News rankings site can be linked to here.) The leaked rankings are available on the Law School Discussion website, LLM Guide, and Concurring Opinions. Law School Discussion and LLM Guide have the full rankings--both the top 100 and the 3rd and 4th tiers. TaxProf Blog has a comparison of the 2007 and 2008 rankings here. Brian Leiter weighs in on the topic here, and on the Volokh Conspiracy Orin Kerr provides his views on rankings (note: the post was at 9:21 p.m. on March 27, 2007; you have to scroll down).

I've got my own views of the rankings, which I can opine on at some later date, but in the meantime, what do readers think of the rankings? I'd like to hear your views.

Also, for those who are interested, there is a growing body of legal academic literature on the subject of law school rankings (now there's an irony for you). For starters, try Theodore Seto, Understanding the U.S. News Law School Rankings (available on the Social Science Research Network here) and Alfred L. Brophy, The Emerging Importance of Law Review Rankings for Law School Rankings, 2003-2007 (available on SSRN here). For those who do not know, SSRN is a free service for finding scholarship, although you have to register for it (you can register at the SSRN homepage at http://www.ssrn.com/.

Clinical Experience in Law Schools

Law.com has a recent post regarding clinical programs at law schools--namely, how some law schools are beefing them up substantially. Given that a lot of internet commentary bemoans the divide between legal education and legal practice (perceived and/or actual), and that law school clinics can be a very good way for law students to gain practical legal experience, the trend toward more clinical experience is generally seen as a good one. But given that clinics are time- and faculty/staff-intensive, and thus fairly costly, some law schools are not doing as much in the clinical arena as they might like.

I was particularly interested to see what my old Ethics law prof, Larry Marshall, is up to as Stanford Law School's clinical program director--namely, trying to raise $30 million to cover part of the budget for Stanford's 9 (soon to be 10) clinics that serve around 200 law students. That's quite an outlay.

I'm curious to hear readers' views regarding law school clinics. Has anyone participated in one? What did you like? Not like? Were they beneficial? For those in law practice, did clinical experiences in law school really help? Or are law school clinics at least partly just an effort by law schools to be trendy?

Happy Birthday, copyright 2007

Unhappy Birthday is a grassroots project run by citizens who are outraged by rampant copyright infringement in today's society — particularly in relation to the song Happy Birthday. It's a funny read!

Did you know Happy Birthday is copyrighted and the copyright is currently owned and actively enforced by Time Warner?

Did you know that if you sing any copyrighted song:
...at a place open to the public
...or among a substantial number of people who are not family or friends
You are involved in a public performance of that work?

Did you know an unauthorized public performance is a form of copyright infringement?

With four children now, I am going to break the law more and more each year!

Gilligan's Island and the Law

Today, I was daydreaming while drafting a Statement of Claim for Divorce, and remembered sitting in a law class (can't remember which one) in my first year of law school, surfing the web. I had come across this article called "Legal Tales from Gilligan's Island". It is a fascinating essay by Robert M. Jarvis (Professor of Law, Nova Southeastern University. B.A., Northwestern University; J.D., University of Pennsylvania; LL.M., New York University) which seeks to shed some light on the jurisprudence of Gilligan's Island.

I used to absolutely love to watch this show, and still enjoy seeing a re-run if one ever comes on (although I haven't seen one in two years, as we unplugged our TV two years ago).

In any case, if you are in the midst of a boring law class, or looking for some relief from your law job, shoot over to the essay and have a read. You won't be dissapointed.

Please post your comments about the essay here, as I would be delighted to hear your response to the essay.

Race for the Top

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

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

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

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

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

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

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

Help Josh go to Law School

Here's a neat idea - sponsor a kid to go to law school for a 10 day trial run. That's the deal for a 14 year old British student who says "It's the chance of a lifetime and I've wanted to be a lawyer for as long a I can remember, maybe because I like arguing!"

I think it would be a really great thing if law schools themselves would sponsor law school demos. I have heard of programs where law students will go to high schools or junior highs and put on mock trials. But, I think it would be pretty cool if I had gotten the chance to sit in on some real law school classes. It would have really helped to guide my path towards the law. I probably would have become a lawyer a lot sooner than I did. Then again, I might have been really put off by the intensity of the experience. Worse, I may have experienced that awful property professor that I had in my first year of law school. That would have turned me off of post-secondary school altogether!

Show me the Money!

Check this out! One family puts up $25,000,000.00 for Harvard Law School. I know a few Canadian Law School deans who would love to have similar headlines:

University of Alberta Faculty of Law receives $15 million from famous author alumni.

or

University of Victoria Faculty of Law receives juicy $6 million from former kayak champion, LLB alumni 1986!

That would be pretty cool.

Actually, I read in my alumni magazine recently that some big hotshot cut a cheque for mega bucks for the U of A Faculty of Law. I hope they buy something more exciting and useful than the plasma screen T.V. in the entryway, which they bought with the differential tuition cash grab from a few years ago.

Delay in Publication

The 2nd Edition of So, You Want to be a Lawyer, Eh? has been delayed somewhat by the publisher. We expect it to be available by May, 2007. It has taken some extra time to gather the new information and corroborate its accuracy. As well, there is lots of new information, so that has taken longer to sort through with editing, etc. It will be really good though, and is worth the wait. In the meantime, you will still find the First Edition very useful and well worth the $15.

For those of you who have purchased the book - thank you. I really appreciate your support. I also really appreciate the positive feedback that some of you have left at Amazon.com, Amazon.ca and Chapters.ca. Thank you.

Hooray for Mooters across Canada!

I came across this article recently. It made me happy to see some media recognition for the winners of the Gale Cup moot. I had a good friend who competed in a bilingual moot (Gale Cup is also bilingual) and they said that it was really hard. I competed in the National Aboriginal Moot, which was a lot different than most of the moot formats, in that it was non-confrontational, but rather more collective or collaborative. It was definitely a highlight of my law school experience.

Residential School Case Aftermath

There's a fairly good (although somewhat biased) article on the controversy surrounding contingency based lawyer fees for the Canadian Residential School case here. If you are interested, there are quite a few articles on the subject, and especially on Mr. Tony Merchant and the Merchant Law Group. Tony and his firm stand to make the most out of the deal, and that has left a lot of Native people, as well as other lawyers and citizens in general pretty upset.

New Lawyer for Letourneau Eden LLP

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

Leading Partner

My wife gave me a great idea the other day. She said you really shouldn't try to be a Managing Partner for your law firm. You should try to be a Leading Partner. It was a small side comment on her behalf, but it has sent my mind on fire in many ways, both for my own practice/firm, but also for other law firms. Some of the major firms have CEO's, from my understanding, but I would venture to say that most firms have simply a managing partner, which is changed on a rotating basis.

I really like the idea of a business leader at a law firm, not unlike the President of a Corporation. Lawyers need real leaders to lead them towards success. A Leading Partner would not get himself dirty in the day-to-day operations. They would employ an office manager, who could be a lawyer or non-lawyer to do this. The Leading Partner would focus on business development, strategic partnerships, firm strategy, both growth and maintenance. Things like that.

For us smaller firms, I like the idea of taking on more of a leadership role - leading by example, and strategizing for future growth. This is really more my cup of tea when compared to administrative management. I hope one day to be able to lean more towards the leadership than the management, but it may take a while to make the complete transformation. In the meantime, I think it would be very healthy to at least take on more of a leadership mindset, and put more of my brainpower towards building the business, encouraging strong lawyers in the firm, and making sure that everyone is as happy as they can be in their jobs.

Anna Nicole Goes to Law School

It's all over the blogosphere now: various law profs across the country are discussing Anna Nicole Smith's will in their classes, as a way of making the law more accessible, or at least more interesting in this age of pop culture. Her early death and poorly drafted will--and the ensuing legal battles over her young daughter and her burial--make this a case of truth truly being stranger than fiction.

You can start your own legal research of the subject with this AP article (reissued via MSNBC.com) and with blog posts on TaxProf Blog and Wills, Trusts & Estates Prof Blog. And don't forget this March 8 article from the Phoenix New Times, which reports that Smith may have had a secret love child in 2001. (A more concise, and less melodramatic, report appeared on March 12 in the New Zealand Herald.) How does that play into the mix?

Note that the media coverage of this law school trend seems positive. Should it be? Is this truly a case of making the law "come alive" through current events? (No decedent jokes, please.) Should her case be discussed in law school classes because students with computers are reading about it online anyway, instead of taking notes? Or is the fact that Smith's case is being discussed in law school classes somehow being used to legitimize the media frenzy surrounding her death?

I don't know, but I suspect some of you have opinions about it--please share them here.

Part-time Law Studies

I received an email inquiry from a mother who wants to attend law school in Canada, but would like to do so on a part-time basis. She was afraid that this might not be possible.

This is a very possible and feasible option for some who attend law school in Canada. I had a friend who had two children while attending law school, and chose to reduce her last two years to a part-time schedule. It worked out great for her. She did very well in her classes, became the Editor-in-Chief of the law review, and managed her family time very well, considering. Although it took her a while longer than some of us, she ended up at the same destination.

The options for a part-time schedule were reduced once she got to the articling year, where part-time work just doesn't exist. Very few, if any, law firms would be open to this type of schedule, at least at the beginning. And, I believe that this would go against the requirements of the law society articling requirements.

But, by my friend's articling year, she had already spent a few years giving lots of time to her new children, and they were perhaps at an age where out-of-home childcare was a viable option.

So, part-time law school, no problemo.

Anonymous Coffeemaker

I've been reading a new blog lately called BabyBarista, which blogger BabyBarista describes as "a fictional account of a pupil barrister undergoing the trials of pupillage at the English Bar." I lived in the UK for a time, and I love it. I heartily recommend it.

BabyBarista's blog is quintessentially British, in a very modern way: eloquently verbose, cutting, witty in the extreme. In the short time it's been online it has garnered significant readership. I see it as a UK counterpart to Jeremy Blachman's US-based Anonymous Lawyer. Like Anonymous Lawyer, BabyBarista's blog is populated by characters with clever nickames such as "Teflon" and "Worrier," so perhaps this similarity is intentional. However, it should be noted that BabyBarista's nicknames are characteristically British in their understatement--in stark contrast to Anonymous Lawyer's wonderfully blunt nicknames like "the Jerk," "the Bombshell," and the ever-classic "Young Guy Badly Hiding Your Impending Baldness." Should we be looking for a novel soon?

US readers should pay particular attention to the fact that BabyBarista's fictional challenges and travails are quite literally the same as those faced by lawyers on this side of the pond: billing by the hour, poor mentoring, working with abnormal people, intolerance and impatience, burnout, lack of idealism, etc. Perhaps it's comforting, since misery loves company. Then again, perhaps not.

Libel and Slander

On Thursday, March 1, the law students at my law school held their annual "Libel Show." It was open season on 1L profs, including me. There was a skit called "Bowman's Bad Day," in which very brave (or foolish) 1L Leon Cameron channeled me giving a Contracts lecture. Clearly, next year's videographic team needs to get the camera and mike closer to the stage; much of what you hear is the sound of rowdy law students in the audience. But the gist of the skit is this: a self-important professor (where'd that come from, I wonder?) is teaching class hopped up on caffeine (got that one right), and he uses the purchase of a cup of coffee as an example of contract law in action (another bullseye). Of course, the barista gets the order wrong, and the prof goes ballistic.

OK, so I do wave my arms around a lot. And Mr. Cameron did an excellent job of imitating my speech patterns (sans curse words, of course). But here's the part that really struck me: how'd he know that I love cinammon? The coffee gag involves me ordering a cup of joe without any flavoring, and the barista puts cinammon in the coffee, and I go nuts. Now that's spooky. Did I mention my cinammon addiction in class? Or was this pure chance?

I suppose, perhaps, that it's like multiple choice exams: it's nice to know the answer, but once in a while you can get just as many points by being lucky.

Final question: if slander is defined as defamatory statements made in a fixed medium, and libel is defined as defamatory statements in a non-fixed representation (i.e., oral), then why is this show not called the Slander Show? Although I suppose that recording and posting the video on YouTube is slander.