Tuesday, 24 April 2007

New Cram Course MBA/LLB Program at Western

This is interesting - Learn how you can complete both the Ivey MBA and the Western LLB programs in just three years. This is a new program. Usually, an MBA/LLB combined program takes 4 years. I wonder how they are able to cram it all into 3 years.

Courting Clerks

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

Swamped

Apologies for not posting more lately; the graphic says it all. April is always a busy, busy month at law schools, and not just for students preparing for exams. Having said that, I would rather grade them than take them.

I have a number of posts on the way, including exam-taking advice ('tis the season) and advice for 3Ls still searching for jobs (at the request of a student at a law school on the East Coast). But in the meantime, please check out a recent article from the Chronicle of Higher Education called "Don't Give it Your Best." It's not about law school, but it is about the travails of finding a higher education teaching job, and the balance to be struck between classroom teaching and research. And it's a bit depressing. There's an awful lot I could say about it--such as regarding the tensions between interests of students versus teachers versus schools, what schools reward financially (hint: not always teaching or student support), and what helps you land that teaching job--but I will save it for another time when the swamp has been at least partially drained. Until then, any comments or thoughts from readers about this article are much appreciated.

Sunday, 15 April 2007

Pushing the Limits

On January 1, 2007, I made a resolution that I was going to act my age again. That meant that I was going to get my body back, and stop feeling like I was in a 52 year old shell of a body (I'm 32). I determined that I would run a half-marathon (about 22 KM) in 2007. Thing is, I hadn't run in about eight years. Because of cycling injuries (bad back) and chronic IT Band Syndrome, I had stayed away from running. I had swam and cycled fairly extensively, and lifted weights consistently (although I fell off the wagon a few times in the last couple of years). But running was something I thought I would never do.

My back ached most of the time during 2006. It was maddening. Being in a desk job again wasn't helping. So, on January 1, I decided to do everything within my power to regain control. I went to the massage therapist, I went to the physiotherapist, I went and got an MRI on my back, I started doing some yoga, I went and got new orthotics from two separate sources. And I started running.

I didn't even have proper running shoes. Only some old dilapidated sneakers that hurt my feet like crazy. So, I popped my new orthotics into some boat shoes (like loafers) and headed out into the snow. I ran a half kilometre at an absolute snail's pace. I made it to the gym, worked out for a while, then headed back home. I then jogged back home very slowly. No pain. Cool!

A couple days later, I did it again, then again. I made sure that I didn't push things, which is my tendency in most situations. My motto was avoid injuries at all costs. Don't push yourself and get sick. Well, I hurt my back a few times, and had some lapses. But, within about a month's time, I was able to run to the gym, then hop on the treadmill for 2-3 miles, then run back home again. I started getting excited! Things went like this, with some minor setbacks, and then some slow and steady gains until March 24. In January, I had signed myself up for a number of races, wanting to commit myself towards my goal of a half marathon in September.

On March 24, I was scheduled to run a 10 KM race. I was pretty nervous. I hadn't been able to run the whole week before, and was afraid I would be pushing my luck. All went well until the last 1.5 KM, when I hit a huge hill. My IT Band started acting up. I got a little flustered, but pushed on. Run 30 seconds, walk 30 seconds. I conquered the hill, made it to the finish line, and secretly celebrated internally. I had accomplished something fantastic! Although I was nowhere near the time that I had run in my early 20's (about 45 minutes), I had finished successfully (1:05), I was not seriously injured, and I certainly wasn't the last man in. My body recovered within a few days, and I started back to training.

Training was sporadic for the next couple of weeks, but I tried to get time on the road when I could find time. Yesterday, I was scheduled for a 10 mile race (16 KM). Now I was really scared. I got to the race, and determined that even if I had to crawl, I was going to finish. I had come this far, I wasn't going to back down. The first 5 KM went great. No real problems. But the hill at Mile 2 had started to irritate my IT band on my right knee. The next couple of miles I went slowly, but surely. I wasn't out of breath at all, but I thought I should take it easy, so as to avoid injury and give myself a better chance at finishing. By the half-way mark, I started to really feel my knee. There was a big downhill, and I tried to take advantage of it by coasting down it, using gravity to my advantage. It went well, but by the time I reached the bottom of the long hill, I started to feel like I couldn't run any more. Walking was OK, but running really gave me some pain. I started having to take walking breaks. 60 seconds running, 20 seconds walking. Then 45 and 20. Then 30 and 30. Pretty soon, I had to go to 30 seconds running and 60 seconds walking. By the time I hit the last kilometer, it was 30 seconds running and 120 seconds walking. But, I remained determined. I would finish this thing, and I would move on towards the half marathon.

I finished, and I finished proudly. I had just covered more distance by running than I had ever covered before. I finished in 1:53:27, which isn't really a great time, but it was my time. 1:53:27 of the best time of my life. I had finished. I got a medal and a t-shirt, and wore them proudly. I showed them to my kids, and it made them smile. Their Daddy was happy, so they were happy. I had proven to myself that I could conquer my own fears again. That I wasn't going to let time and gravity and fear control my life.

I mentioned the IT band stuff above. Until today, I didn't even know that I had IT Band Syndrome. I didn't know what it was. Today, because I still felt some discomfort in my outer knees, I decided to try some self-diagnosis. Because I wasn't suffering from any inflammation in January, my physiotherapist had failed to diagnose the problem. I have now learned that I am a classic case. But, it can be controlled. Through particular exercises and stretches, and by utilizing an IT Band Wrap/Strap, I should be able to alleviate the problem, and get on with things. (my knees already feel way better by this evening). I have great hope that the problem will be overcome, and that I can then accomplish what my body is able to accomplish. Had I not tried to push the limits, I wouldn't have discovered that there was a way to move past my limitations and achieve goals that I had swept to the side.

I am scheduled for another 10 KM in July, a sprint triathlon at the end of July, a couple short races in August, then the half marathon in September.

The reason I post this post here is that I think it is so important for lawyers, young and old, to look outside of their work, to inspire themselves with new non-law goals. To concentrate on nourishing the body and soul and mind with hobbies, sports, adventures, or whatever else expands a human being.

Maybe this post will inspire you. I don't know. But it sure felt good writing about what I consider to be a great accomplishment. As a budding new law student or lawyer, you will have to push yourself. Don't be afraid to try new things. Don't be afraid to try really hard things. Without trying, you will never know what is possible. I once heard a great speach where the speaker said that you should always try to swim out 20 metres before you decide to come back to shore (she was an avid surfer and ocean swimmer). The water near the shore is always choppy and often cold and scary. But, often, when you get past the 20 meter mark, things smooth out, and become more comfortable. Life is a lot like that, I think.

By the way, my back hasn't hurt in about 3 weeks. Amazing what happens when you start using your body, becoming more aware of it, and treating it right.

Sunday, 8 April 2007

Flying Solo

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

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

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

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

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

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

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

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

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

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

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

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

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

It's Not About the Bike - Great Book!

I have been a huge Lance Armstrong fan for years and years and years. I have been an avid cyclist since I was a teen, and followed every one of Lance's wins daily during his 7EVEN victorious Tours. But, I have never taken the time to read the books that he wrote about his journey. This Easter Weekend, I took the opportunity to read the book (I found it in a Value Village, while looking for chapter books for my voracious reading daughters). I was skeptical (man- I try not to do that!) at first, because I have read other sports memoirs and left them dissapointed. But, this book was truly not about the bike. The bike was beautiful, the Tours were fantastic, but the book left me believing that Lance is the real deal. I have not felt so inspired for a long time.

If you need a pick-me-up to help you through the LSAT preparation, the law school application process, the 1L mid-terms or final exams, or the articling or summer job application process, pick up this book. Even if you don't like cycling, you will be inspired.

Saturday, 7 April 2007

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

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

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

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

Read the full article here.

Gavel knock to Essien at Law Target. Thanks Essien.

Friday, 6 April 2007

Client Counsel Games

UVic law students primed for client counsel games
Victoria Times Colonist, Canada - 4 Apr 2007
Nicole Smith and Brigeeta Richdale of UVic's law school have earned a berth in the World Client Counselling Competition, taking place in Sydney, Australia, ...

Wow - this is a really cool achievement. Way to go Nicole and Brigeeta!

UBC Law is growing

Grant will help fund new UBC law school
Vancouver Sun (subscription), Canada - 2 Apr 2007
The University of British Columbia’s Faculty of Law received $2 million today to be put towards construction of a new law school building. ...

UBC Law Faculty Receives $1 Million Gift From Borden Ladner ...
University of British Columbia, Canada - 2 Apr 2007
UBC plans to construct a new facility on the existing law school site at its Vancouver campus. “The gifts from BLG and the pioneering BC Ladner family will ...

First aboriginal female judge appointed in Manitoba

Winnipeg Free Press

Thu Apr 5 16:47:00 CDT 2007

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

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

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

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

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

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

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

Wednesday, 4 April 2007

Theroux Part Deux

As I mentioned in my previous post, my former Baker & McKenzie colleague Eugene Theroux spoke at Mississippi College School of Law on Wednesday, April 3, 2007. Gene, who is currently Of Counsel with the firm, spoke to MCSOL students, faculty and staff about the globalization of law practice and his experiences over the years in international practice.

I have known Gene for about eight years now, and I admire and respect him professionally. More importantly, I have high regard for him personally. Both his personal and professional strengths were on full display during his visit to Mississippi. In no particular order, here were the main points I took away from his talk.

Point #1: Expect the unexpected. "I never intended to practice law," Theroux explained, "even after I decided to go to law school." In fact, he only decided to go to law school after working on the John F. Kennedy and Lyndon B. Johnson campaigns in 1960 and 1964. His undergraduate degree in art from the Pratt Institute, he concluded, might need supplementing with more practical skills, so he attended law school at Georgetown.

Point #2: Life is an adventure to be savored. Listening to Theroux talk is like learning history one anecdote at a time. He was involved in the 1968 Democratic National Convention in Chicago. He represented Ringling Brothers in its efforts to obtain circus acts from the People's Republic of China. He has represented fortune 500 companies such as PepsiCo and Wrigley in their efforts to gain market access to the PRC. He was retained by the PRC as counsel for one of the most important sovereign immunity cases of the twentieth century. He lived in India for four years while working for Baker & McKenzie. In other words, he has done a lot of fun and rewarding things during his years in practice. "What's important," Theroux told another group of (high school) students during his visit to Mississippi, "is to follow your bliss--to figure out what you enjoy" and work those interests into your career in some way.

By following his own advice and his own muse, and by combining his personal and professional interests, Theroux has carved a career path that is different from any other international lawyer I know--and I am an international lawyer myself, so I know have seen quite a few international career paths.

Point #3: Nice manners pay off. Theroux recounted that much of his success "has come from doing what my parents taught me: to say 'please' and 'thank you' and to write thank you notes to people." He recounted how he once dated a daughter of U.S. Representative T. Hale Boggs of Louisiana, and he became friends with Rep. Boggs himself. It was Boggs who in 1972 invited Theroux to participate in a trip to the PRC by Boggs and then-Rep. Gerald Ford, after President Nixon's visit to the PRC earlier that year had become public knowledge.

I would add that the equation is probably more along the lines of "nice manners plus a good brain pay off," but perhaps that's obvious.

Point #4: Develop contacts for the right reasons and it will pay off. Related to the subject of good manners was Theroux's admonition not to "pursue personal relationships with people for the wrong reasons." Too often, he noted, people are more interested in developing personal relationships based on whether the relationship might be politically or personally profitable. But Theroux emphasized that you never know what relationships might be beneficial professionally, and what ones might not be, so he suggested not to think in those terms. Instead, he advised that relationships should be developed for their own sake--as acquaintances and friendships to be enjoyed and maintained throughout the years. And when people you are genuinely interested in and concerned with come into positions of influence, who would they rather deal with: friends, or people who see them only as a contact? Rhetorical question, of course.

I suppose that in this age of overt contacts and connections, Theroux's approach might sound quaint. But it's also effective. Not only is Theroux universally well-regarded by other lawyers in Baker & McKenzie (the associates there loved him when I worked there, since he always expressed genuine interest in people), but he also firmly believes that much of his success over time has come from personal relationships that he fostered for their own sake, and not just for the sake of getting ahead.

This is related in some sense to many stories Theroux told during his visit about how predictions by him and others about the future of the PRC and other matters proved incorrect. That is, when you strategize based on the best information available, you are often dead wrong. So in developing your personal network of relationships, do it for its own sake--doing it "strategically" is likely to fail.

Point #5: So what does all of the above have to do with the "globalization of law"? The thrust of Theroux's talk was to illustrate, by his own example, how you can carve a career path that you like and are proud of, even if you don't know exactly what you want to do or where it might lead you. He noted that international opportunities have grown enormously, but his point was that there are, quite literally, as many career paths as there are lawyers. That's my long-winded way of saying that what Theroux had to say at MCSOL was ultimately broader than globalization or international matters, and thus more relevant to the students as a whole.

And that was reflected in the reaction of MCSOL students to his visit. One student called him "a kind, gentle spirit," which he most certainly is. Another characterized Theroux as "very cool, unassuming, interesting, etc. Absolutely the type of lawyer I'd like to be." That's the sort of thing I'd like carved on my tombstone. A third said it was inspiring to "hear of someone who found something they love by 'doing it their own way.' "

Perhaps those student comments are the greatest take-aways from Gene's visit to MCSOL, namely--
  • That when you are a nice person, it shows through. When you are not, that usually shows through too. So be nice.
  • That marching to your own beat is cool, because it's really hard to do, and very brave to boot. It's easier to be a worker bee who does things the way people tell you they should be done, but "easier" does not mean "better."
  • That you can be successful doing your own thing, and be an inspiration to others.

And, I should add, if we had more lawyers like Theroux, the legal profession (and society in general) would be a lot better off.

Tuesday, 3 April 2007

My Top Ten for Being Your Own Boss in Law

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

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

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

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

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

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

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

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

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

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

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

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

Monday, 2 April 2007

International Trade Lawyer Eugene Theroux to Visit Mississippi College School of Law

Regular readers of this blog are aware that in addition to being interested in law career matters, I am also heavily involved in teaching and researching on international trade matters. It is my strongly held belief that the practice of law is becoming increasingly globalized, and that today's law graduates need to appreciate how international legal issues can affect all domestic practitioners, no matter what their law practice focuses on.

I started Mississippi College School of Law's International Speakers Series for that very reason. Through the series we have hosted visits to the law school by a variety of people, including U.S. Senator Thad Cochran, USAID lawyer Donna Wright, and former UK Solicitor General and Attorney General Sir Nicholas Lyell.

On April 3, 2007, we will host a visit to the law school by international trade lawyer Eugene Theroux. Theroux, who practices with the law firm of Baker & McKenzie, will discuss how globalization is changing the practice of law, and why international trade and international law really do matter for all of us. He is an acknowledged expert on Chinese, Russian and Indian law, and he opened the first western law offices in the People's Republic of China and the Soviet Union. In other words, he has had a storied career. He is a frequent lecturer on international law matters in both the U.S. and abroad, and we are looking forward to his visit.

This event is open to the public, so if you are in the vicinity of Jackson, Mississippi and are interested in attending, please do so. The event will take place in Room 251 of the law school from 11:30 a.m. to 12:30 p.m. Information the law school is available here; directions are available here.

Sunday, 1 April 2007

Law Firm Salaries from the Client's Perspective

Over at Legal Blog Watch, veteran law blogger Caroline Elefant recently blogged about associate salaries from the under-explored point of view of clients. It is common wisdom that any hikes in associate salaries generally get passed on to clients unless the clients push back or object. In other words, the assumption is that there generally is an inelastic demand curve for legal services--as prices go up, demand does not go down all that much.

Certainly that's not true in all cases, but it is not a bad place to start for purposes of discussion. Surely some types of legal projects--IPOs, white collar criminal defense cases and the like--are far less sensitive than others to the cost of services being provided (read: what attorneys charge). In fact, an assessment of what types of legal projects are more price-sensitive might be an extremely interesting and valuable empirical study.

But again, the generally accepted view is that the cost of associate raises gets passed on to clients. And I can say from my own anectodal experience that whenever large firm associate salaries go up, so do associate billing rates. Whether the same thing happens at mid-sized firms in regional markets might be another interesting empirical study.

But I digress. Elefant's post discusses in detail how the increase in associate salaries plays out in terms of cost to clients. Her post centers on an excellent discussion of the issue by Susan Hackett, who is general counsel of the Association of Corporate Counsel. Hackett's article on the subject can be found here. Both Elefant's post and Hackett's article are well worth reading.

My questions on the subject are as follows:
  • Will Hackett's solution--she suggests that companies push more legal work to midsized firms in regional markets--lead these smaller law firms to underprice, and thus undercut, the larger ones? She suggests that these smaller firms can do most work just as well as the really big firms, and for much less cost. Will this result in a market correction against escalating legal fees?

  • Or, will Hackett's solution just mean that the biggest firms end up with the hardest, most specialized work that other firms aren't as good at doing? If so, is that an undesirable outcome? Or might such segmentation of the market actually be preferable, in that big firms will be able to justify their very high billing rates for very difficult work?
This is a point on which my thinking is not yet congealed, and I can summon anecdotal experience from my own days in practice to support either view. Perhaps both are right to an extent. And perhaps that's the real point: perhaps we simply cannot answer these questions without meaningful data. Absent such data, maybe we are doomed to argue and talk past one another, using anecdotal evidence to support our views.

As I think about this further I will post again as appropriate--and of course, I welcome comments on the subject in the meantime.
Girls Generation - Korean