Must-see CLE

If you’re a resident of or visiting the Toronto-Ottawa-Montreal corridor over the next few weeks, you should seriously think about attending any or all of three really interesting and important legal conferences taking place in that time. The only real downside for potential delegates is that you’ll have to sit through me speaking at all three.

Starting with the latest date and working backwards: on Monday, April 21, Montreal is hosting the second annual Leg@l IT Conference, a joint production of the Jeune Barreau de Montreal, the Barreau de Montreal and the Canadian Bar Association. “Canada’s Premier Legal Technology Conference” will cover subjects such as e-discovery, e-filing, blogs, metadata, data security, online privacy and (my panel) collaborative technology. Privacy Commissioner Jennifer Stoddart highlights a deep and experienced roster of presenters. Spaces are running out, so if you’re interested, register now.

The previous week, from April 15 to 19, the National Association of Law Placement, which promotes the exchange of information and cooperation between law schools and legal employers, is holding its massive Annual Education Conference in Toronto. If you’re a law student, a law school career director, a new lawyer recruiter or trainer, or someone who needs to understand the future for legal talent, this is a must-attend event. I’ll be speaking at a Friday morning plenary roundtable on the future of law practice. For more information or to register, visit NALP’s website.

Finally, this coming Friday, March 28,  the Law Society of Upper Canada and numerous other sponsoring organizations are presenting the Chief Justice’s 10th Annual Colloquium on the Legal Profession in Ottawa. This year’s subject is professionalism, and the roster of speakers includes the Chief Justice of Canada, the Chief Justice of Ontario, the President of the CBA, the Treasurer of the LSUC, and a past President of the American College of Trial Lawyers. I’ll be delivering the keynote commentary, so if you’re in town, register now for a tremendous event.

If you’re attending any of these events, drop me a line and I’ll do my best to meet up while you’re there and say hello!

Preparing for the storm

The “About” entry in the column over on the right there states my belief that the practice of law is heading into “uncharted territory.” If you’re skeptical about that, or if you’re unconvinced of the reality of imminent upheaval in this profession, here are two items you might want to look at.

The first is the Legal Transformation Study, a co-production of Decision Strategies International (DSI) and Legal Research Center that’s sponsored by, among others, Altman Weil, Jomati Consultants, and Dupont’s Legal Department. Subtitled Your 2020 Vision of the Future, the report makes plain the intensity of the shockwave heading towards the industry and discusses four potential scenarios that could play out in the near future. An executive summary is available for free; the report itself costs rather more. Here’s an excerpt from the preface:

The truth is, we dare not take any aspect of the future for granted. Paradigms shift, and age-old truisms will be reversed. Prudent and prepared legal leaders will be those who extend their minds beyond traditional thinking and anticipate a variety of outcomes and possibilities. …

During the next decade, operating discipline alone (e.g., “how” we work) will not be enough to meet the challenges our corporate clients face. In the more global, volatile, and uncertain future, “what” we work on with our corporate clients will increasingly define the client’s success (or failure). This is not just repositioning Legal’s relationship with our business colleagues. It is a fundamental shift in the nature of our work.

To truly engage our businesses differently — and better — we need to radically rethink our approach to risk, uncertainty and value creation. As our future unfolds, being absolutely right will be far less important than being nimble and adaptive. Studying every aspect of an issue will yield to a new, more rapid style of decision-making where the predominant belief is that even a decision that proves to be wrong is likely to provoke more useful information than could be learned by delaying decisions pending further study. …

Legal must learn to adapt to the speed of business at the speed of business, while continuing to adhere to our company’s core values and our own professional ethical obligations. Continue Reading

Micro law schools

Two interesting articles by Alex Dimson at Law Is Cool today have me thinking about a possible next step in the evolution of law schools. Two Ontario universities have applied to set up law schools: Lakehead University in Thunder Bay and Wilfrid Laurier University in Waterloo. Alex reports that Lakehead’s application, although on shakier ground with both the Law Society of Upper Canada and other law deans, seems to have political momentum, while Laurier’s isn’t so fortunate. I personally think there should be no new law schools until Ontario fixes its training and licencing regime, but that’s a story for another day.

What interests me more is how the universities are pitching the proposed law schools. Lakehead suggests a class size of just 50 students, while Laurier envisions no more than 75, and each is described as specializing for particular regions and practice areas. According to Law Times, the Lakehead school “would focus on aboriginal law, access to justice in northern and rural communities, decreased access to the profession for students from northern Ontario, and the decline of participation in sole and small firms in the area.” In the LIC story, University President Fred Gilbert added natural resources to the list. Thunder Bay is in small-town Ontario, deep in mining country and close to several aboriginal populations, so the program sounds like it would be very much tailored to the community.

Laurier, meanwhile, is in Canada’s new high-tech heartland of Waterloo, home of BlackBerry maker Research In Motion and other innovative companies. Laurier President Fred Blouw framed the issue this way in another Law Times story: “With respect to the Kitchener-Waterloo area as a hub of intellectual property development around the technology sector, [there is] a tremendous need for specialized legal training, legal knowledge, and a need for more bodies.” The story adds that “the school also draws many students from rural centres, where lawyers often practice in a small firm or sole practitioner setting.”

This makes me wonder if, following the lead of microbreweries and microlenders, we might someday soon see the debut of the micro law school: a boutique institution with intentionally small class sizes that aims to produce graduates specialized for certain types of private-practice careers. Continue Reading

Authenticity and lawyer recruitment

The editors at LegalWeek blogged recently about the results of the Sunday Times“Best Company to Work For” survey, which, remarkably enough, saw eleven law firms crack the Top 100. I think this probably signals not so much a renaissance in law firm working conditions, so much as that many UK law firms are getting pretty good at using workplace reputation rankings for their own ends. It’s a phenomenon not limited to the eastern side of the Atlantic.

The thing about “Best Employer” lists, as LegalWeek‘s editors point out, is that law firms consider them enormously important recruiting tools for new lawyers and lateral hires. A solid ranking adds lustre to a firm’s marketplace brand and reinforces the strength of its hiring pitch, especially to new lawyers who consider (accurately) that law firms are all pretty much the same. Anything that can help a firm stand out from the faceless crowd, especially on “soft” criteria like flexibility, mentorship and socializing, has a lot of value.

The trouble with third-party marketing and recruiting tools like this, of course, is that they’re destined to be gamed. Savvy firms figure out how the system works and take steps to ensure they do well. Some law firm associates know this first-hand, because they receive a memo “encouraging” them to fill out the “Best Employers” survey and help improve the firm’s standings. It strikes me as odd that firms expect these rankings to impress potential lawyer hires when their own lawyers have been directly involved in what amounts to a manipulation of the results.

In fact, it’s this “gaming” element of such rankings that raise what I think is going to become a problematic element of law firms’ recruiting efforts down the road. Young lawyer recruits, when deciding which firm to work for, are going to start zeroing in very clearly on the authenticity of firms’ marketing and recruitment efforts. This is a generation weaned on word-of-mouth recommendations, and they give a lot of weight to a friend’s or reliable acquaintance’s testimony that something is worthwhile or not. Failing those kinds of first-hand recommendations, they will tend to go, not to press releases, newspapers or magazines, but to collaborative knowledge portals to test the judgment of the crowd. This is where new lawyers are heading now, and law firms need to go with them. Continue Reading

How to write for the media

You might have heard of a new website called JD Supra — it’s essentially an online forum and database in which lawyers register, create profiles, and post court filings, decisions, forms and/or articles, free of charge and free to access. Check it out and see what it has to offer you. The benefits to lawyers include raising their profiles, providing research materials for consumers and other lawyers, and drawing journalists’ attention to a case or matter that the lawyer is working on.

It’s this latter capacity that caught my interest, since I quite like the idea of a service that can bring lawyers and the media together for their mutual benefit. Accordingly, I penned a short article with eight points for JD Supra’s users to consider before posting a document to “The Scoop” section of the site. Some of the specific points apply strictly to JD Supra’s setup, but others are more broadly applicable to lawyers’ press encounters in general, and I think you’ll find the overall principles set out in the article useful for all communications with the media.

This also gives me an opportunity to expound a little on a subject that’s been kind of aggravating me lately: press releases. In my capacity as editor of National, I get between 10 and 20 e-mails every day from law firms, law schools, corporations, and non-profit organizations looking for legal media coverage of one kind or another. If you’re one of the people who sends me these press releases, I’m sorry to report that I actually read maybe one in 25 of them, and I actually act on perhaps 1 in 100. I don’t think I’m especially unique among editors in this respect — editors of larger-circulation publications probably get scores of these e-mails per day and delete most if not all of them.

I don’t think communications professionals in legal organizations appreciate just how much potential downside there is to sending out a press release that’s not targeted, properly calibrated, and part of an ongoing relatiionship. For many people, e-mailing a press release is standard operating procedure, part of the publicity machinery: alert the media to our issue/event/complaint/opportunity. But for an editor, opening up a non-targeted press release is akin to a homeowner getting a telemarketer on the phone or an office worker receiving spam: at best irrelevant, at worst insulting.

Here are a few thoughts on press releases, what works and what doesn’t.

1. Read my publication before contacting me. Every month, a large law firm sends me its list of lawyers who’ve made partner or worked on a big transaction, requesting I place it in our “People on the Move” section, despite the fact National has never had such a feature (and if I can help it, never will), and thereby reminding me every month how little interest the firm has in what we actually do here. If you want to know what “bad publicity” looks like, that’s a good start. Continue Reading

Conflicts for “sophisticated clients”

When Clifford Chance General Counsel Chris Perrin talks about conflicts of interest, lawyers pay attention. The man whom the Financial Times calls the “czar” of conflicts has been working on the subject for nearly a decade, most recently as chair of the City of London Law Society’s Committee on Professional Rules and Regulation. It’s in that capacity that he has now called for a “significant widening of client conflict rules,” according to a story in today’s edition of The Lawyer:

Currently the rules permit law firms to act on conflicting instructions only where the clients share a common interest and consent or where two clients are competing for the same asset, such as in an auction sale. “In addition to these two exceptions,” proposed Perrin, “there should be a wider exception to be used by sophisticated clients, which would enable them to waive conflict in any circumstances.”

Perrin argued that if two sophisticated clients want to get a deal done and both have historically used the same firm, it is impeding their desire to get the transaction done to prevent them from using that firm. And if both parties are happy that a firm will look after both their interests, he said, there is no reason why it should not. The proposed definition of ‘sophisticated clients’ would include clients, which have received independent legal advice or which have in-house legal departments and the exception would not apply in litigation matters.

This rang a bell with me, and sent me off into National‘s archives to find an article published in the March/April 2004 issue (not online, unfortunately) about a proposed change to the Law Society of British Columbia’s professional conduct handbook. Proposed Rule 6.3.1 would have enabled lawyers to act against current “sophisticated” clients without their consent if (a) the matters are substantially unrelated and (b) the lawyer has no confidential information that might reasonably affect the other representation. (The law society’s contemporary bulletin on the subject provides more information.) Continue Reading

Takeaways from TECHSHOW

The kid is back from the candy store known as ABA TECHSHOW. This was my first trip in two years, and probably the best of the shows I’ve attended so far. I met up with old friends, made some new ones, and managed to avoid most of the St. Patrick’s Day revellers at the Chicago Hilton, so altogether it was a great success.

I loaded up on numerous sessions and gathered a ton of material that will be making its way into National and onto CBA PracticeLink in the coming weeks and months. But I thought you might be interested in a few highlights of the seminars I attended and what I took away from them. (Note that the “takeaway” isn’t necessarily the presenters’ position, but rather is my impression of where things are and where they’re headed in the future.)

* Privacy on the Internet, a keynote by Marc Rotenberg, Executive Director of the Electronic Privacy Information Center. Marc’s address was both entertaining (he opened with a discussion of the Eliot Spitzer case) and sobering (the amount of data about us that both government and the private sector are collecting is astounding).

Takeaway: Google is amassing the greatest collection of data in history and the tools to do some disturbing things with it, and all we have to reassure us is their word that they won’t misuse it. But we’re at the stage now where we need to be asking exactly who owns “information” of various kinds. For example, we worry that Google can track and keep everything we do online, including things we searched for and found. But much of this data would never have existed in the first place if not for Google: information that we consider our private business exists only because we voluntarily use Google’s services. Can we rightly lay claim to it? Isn’t it the consideration we chose to render Google in exchange for free search? As both privacy and anonymity become harder to maintain, we need to think a whole lot more about this. Continue Reading

Off to TECHSHOW

If you’re in Chicago attending the ABA TECHSHOW, let me know! I’ll be there Thursday through Saturday morning, checking out what really is the world’s premier legal technology conference. This year’s sessions look especially interesting, including seminars on voice recognition, client collaboration and the always valuable “60 Minutes” series of presentations. I originally had hopes of doing some live blogging while I was there, but I couldn’t get my system set up in time, so I’ll aim to add some fresh content here on Monday instead. Hope to see you in Chicago!

Cheating or collaborating?

All I can say is, I’d love to see the law school that tries to flunk a student for setting up a Facebook study group, as Ryerson University in Toronto did this week. Maybe this is a generational thing — I’m officially an X’er, though my leanings are more millennial — but I can’t see how an online discussion group does anything but facilitate learning, not circumvent it. And more to the point, how it’s any different from students gathering in an empty room on campus to do exactly the same thing. I expect Ryerson will change course within a matter of days.

What strikes me, though, is that the way in which we expect students to accomplish tasks in school is very different from how we actually accomplish tasks in our workplaces. If you’re working on a factum or a memo and you’re not sure about something you’re writing, do you head down to the library for an afternoon of thrashing through the authoritative source materials till you’ve learned what you need, “showing your work” as you go? No. You walk down the hall and ask a colleague who’s more familiar with the subject to explain it to you. It’s faster, easier, cheaper for the client, and almost certainly more effective in understanding the concept.

Teamwork is how things get done now, without exception, in the professional world. Law firms boast about “open-door policies” whereby lawyers exchange ideas with each other, and they make great efforts to pool collective knowledge into KM systems. New recruits are quizzed on their ability to work well in groups and contribute towards successful team dynamics. Corporate deals and major litigation require concerted, collective efforts to achieve goals. Online listservs like Solosez are a lifeline for sole practitioners. Corporate law departments want closer working relationships with their outside counsel. In short, no one succeeds in the legal environment by shunning collaborative efforts.

Yet law schools still devote the majority of their time to testing what an individual student can do on her own, not what she can accomplish in a group setting. Unlike MBA programs, where students work on cases in group after group, many law students can graduate without ever having contributed to a team project, learning how to integrate their expertise into a diverse set of personalities and workflow preferences. If there’s any truth to the old charge that law schools “don’t prepare students for law practice,” it’s not in failing to teach professional skills per se, but in failing to train students to learn from each other, to treat knowledge as a gift to be shared, and to give the best of themselves towards the success of the team.

Any law school that wants to earn a real competitive advantage, in terms of producing graduates ready to professionally collaborate, should think seriously about revamping its curriculum to encourage the academic equivalent of Facebook groups: live, in-person, problem-solving working groups, with rotating memberships to ensure you’re not just working with people you like. Increasingly, lawyers will succeed or fail on their teamwork skills; law schools have an obligation to reflect that.

Update: With a hat tip to the Law School Innovation blog, here’s a school that gets it: Washington and Lee University Law School in Virginia is completely overhauling its third year:

• The new third year curriculum will be entirely experiential, comprised of law practice simulations, real-client experiences, the development of professionalism, and development of law practice skills.

• All students will participate in a year-long professionalism program that will include the participation of practicing lawyers and judges and assist students in the development of professionalism in all its aspects, including legal ethics, civility in practice, civic engagement and leadership, and pro bono service.

• The core intellectual experiences in the third year will be presented entirely through a mix of practicum courses that simulate legal practice environments, legal clinics, and internships.

• The demanding intellectual content of the third year will instead be presented in realistic settings that simulate actual client experiences, requiring students to exercise professional judgment, work in teams, solve problems, counsel clients, negotiate solutions, serve as advocates and counselors—the full complement of professional activity that engages practicing lawyers

There’s much, much more, and it’s exhilarating. Read the summary of the new program for more, as well as my earlier thoughts on the third year of law school.

Give up on anything but yourself

A thought-provoking post by Seth Godin today that isn’t really about politics, even though it asks whether Hillary Clinton should quit the Democratic race. What it’s really about is quitting, which Seth endorses in a book (that I endorse) called The Dip, and the danger of changing who you are in order to achieve your goal. Here’s the ending:

For a long time, we’ve created a myth in our culture that it’s worth any price to reach your goal, especially if your ego tells you that you’re the best solution. We’ve created legends of people and organizations that pursued transformative long shots to achieve great results.

I need to be really clear: pushing through the Dip and becoming the best in the world at what you do is in fact the key to success. But (and it’s a big but), if you’re required to become someone you’re not, or required to mutate your brand into one that’s ultimately a failure in order to do so, you’re way better off quitting instead.

This got me thinking about lawyers. Many lawyers are happy with their working lives — or at least they’re content, having decided happiness was too high a target to aim for. But a lot of lawyers are unhappy, sometimes deeply, with their job or career. A lot of them talk about quitting, and a growing number of them do — either to find another job in a more fulfilling environment, or to keep looking until they eventually leave the profession altogether. Neither the law, nor every job in the law, is for everyone.

But many others stay where they are and grow more unhappy by the day. Some do it out of financial necessity, especially recent graduates with mountains of debt or a family to support. Some stick it out in the stubborn hope that things will improve, despite the absence of supporting evidence. Some convince themselves that the intangible benefits (social status, professional prestige, family pride) cancel out the misery. And some subscribe to the fallacy of “sunk costs,” that they’ve invested so much time, money and soul into a legal career that they can’t give up now.

One way or another, the unhappy lawyers in this second group are going to wind up in the same place as the unhappy ones in the first group: in a different job or out of the profession. They don’t have a strategy for finding fulfillment where they are, and they probably don’t have the motivation to execute such a strategy if they had one. Sooner or later, they’ll have to give it up; from my perspective, it might as well be sooner, and I recommend The Dip for more on that subject.

But there are worse things than being in a career that goes against your grain; there’s changing your grain to go with your career. Continue Reading