The rookie says thanks

I’m going to borrow a page from David Maister‘s blog and take a moment at the start of each month to say thanks to other bloggers who did me the honour of linking here over the past few weeks. I’m brand new at this game, and I genuinely appreciate the warm welcome to the blawgosphere I’ve already been extended. So, many thanks to Simon Fodden, Paul Caron, Amir Kafshdaran, Omar Ha-Redeye, Simon again, Dennis Kennedy, Ron Friedmann, and Steve Matthews, not to mention commenters Amir, Susan and Tybalt. Grazie mille, folks!

Ontario bar admission overhaul, part 2

Continuing from yesterday’s post, here’s the conclusion of a two-part running commentary on the Interim Report To Convocation from the Law Society of Upper Canada’s Licensing and Accreditation Task Force. Again, this won’t be a blow-by-blow account of the report, but I do recommend you read the whole thing. This article (which is also appearing today at SLAW) will simply touch on some of what I regard as the more relevant and noteworthy paragraphs on articling in an altogether remarkable document. Here we go.

83. The Law Society’s articling program has been an established part of the licensing process for decades. It reflects the transition from the earlier legal education system that was predominantly an apprenticeship system to the university model that replaced it. It has provided students-at-law with an opportunity to experience and learn about the practice of law in a relatively risk free context of supervised law firm placement. In the Law Society’s current licensing process the articling term is 10 months. Candidates may begin articling at any time after the end of the skills and professional responsibility program.

84. Unlike the medical model of education, however, articling is not interwoven into the framework of legal education. There is little direct link between the education candidates receive during law school and the “clinical” component that is articles. The profession has long viewed the articling program as a bridge between the two worlds of education and practice.

Just setting the stage here.

90. [I]ncreased law school enrolments, possible establishment of new law schools, increasing numbers of internationally trained candidates [are] problematic for the articling program…. [I]n a system that appears able to place approximately 1,300 articling students in a stable economy, it is likely that the number of candidates seeking articles in 2009 could be approximately 1,730. This does not reflect additional candidates that would come from any new law schools.

To put that in its proper perspective: in 2001, the number of new applicants for articling positions was just 1,247. The system is being overwhelmed. Continue Reading

Ontario bar admission overhaul, part 1

Yesterday, I posted a brief note about the Law Society of Upper Canada’s Licensing and Accreditation Task Force Interim Report To Convocation. Today, as promised, is the start of a two-part running commentary on what struck me as the most relevant or noteworthy aspects of the report. The first half, which I’ll address below, deals with the report’s preamble and its thoughts regarding the Skills and Professional Responsibility Program. Tomorrow, in an article that will first appear at SLAW, I’ll look at the task force’s recommendations concerning the articling system.

Herewith, an annotated stroll through a very important report.

15. A national standard for the approval of common law degrees for the purpose of entrance into law society bar admission or licensing processes has never been articulated in Canada. The only articulated standard for 50 years is a Law Society of Upper Canada document, set out at Appendix 1, that was prepared in 1957 and amended in 1969 (“the amended 1957 requirements”) and which other law societies appear to have tacitly accepted.

I think this nicely sums up the imminent train wreck of a lawyer licensing system that our profession lives with today. The standard was written in 1957, amended in 1969, and tinkered with at regular intervals over the next four decades while Canadian society, the legal services marketplace, and eventually, even the profession itself, evolved into enormously different beasts. In 1957, Louis St. Laurent, Maurice Duplessis, Tommy Douglas and Joey Smallwood all held elected office. Try picturing the legal profession as it existed in that era — that’s the profession that drew up today’s bar admission rules. Continue Reading

Articling abolition? A groundbreaking LSUC report

It arrived quietly and without fanfare. I’ve seen no reports of it in the mainstream media or the legal press. In fact, the young-lawyer-focused law blogs Precedent and Law Is Cool are the only places I’ve seen talk about it so far. But the Law Society of Upper Canada’s Licensing and Accreditation Task Force Interim Report To Convocation, delivered last week in Toronto, is set to completely overhaul the process of admission to the practice of law in Ontario and, eventually, the rest of Canada. If you’re a law student, a lawyer who intends to hire new lawyers someday, or interested at all in the present and future direction of lawyer training in Canada, this report is an absolute must-read.

The main interim report is 44 pages long, followed by an additional 152 pages spread out over 10 appendices. I doubt there’s ever been a more comprehensive report on the bar admission process (nor will any other province likely try to duplicate the task force’s efforts or findings), and I can only imagine what the final report will look like. For what it’s worth, I think the report’s findings are accurate, timely and sorely needed.

I don’t have time here to break down the report in detail — I’ll be writing a more comprehensive commentary that will appear at SLAW in a few days’ time and will be cross-posted here. But this is what you need to know:

1. The Task Force recommends the abolition of the current Skills and Professional Responsibility Program from the bar admission process in Ontario. Of all the reasons the task force gave for this recommendation, perhaps none is more suprising than its assertion that right now, law schools are doing a better job of teaching students skills and professional responsibility than the law society is.

2. The Task Force offers three alternatives to the current articling process by which lawyers ostensibly receive sufficient practical training to enter the practice of law. These are:

(a) make it extremely clear to all current and prospective law students that the law society does not guarantee articling placements, and accordingly cannot guarantee that a law graduate can become a practising lawyer (laissez-faire).

(b) set up or certify a parallel Practical Legal Training Course that provides law graduates who could not obtain articles the chance to earn an equivalent certification in practical legal skills training (Australian model).

(c) Abolish articling outright (the U.S. model).

The Task Force makes no recommendation concerning these three options — it offers pros and cons of each — but it makes quite clear that the status quo is not sustainable, not least because the Ontario bar admission process is facing a tsunami of rising applications over the next few years, culminating in an expected 2009 application class no less than 38.7% larger than in 2001.

The report is groundbreaking, if for no other reason than that it squarely lays out the numerous shortcomings of Ontario’s present bar admission process and demands that the profession act, now, to change. Go read it.

Eversheds: how to set new client standards

I was jazzed a year ago when Eversheds struck a deal with Tyco to become the service and manufacturing multinational’s primary outside counsel, reducing Tyco’s complement of law firms for most legal matters from 250 to 1. Those who doubted the wisdom of the arrangement at the time worried that Tyco would miss out on other firms’ offerings and would suffer from Eversheds’ inevitable sense of complacency, while the firm would be at a greater risk of business-losing conflicts. Even when international gas and engineering giant Linde struck a similar deal shortly afterwards with DLA Piper, there was still uncertainty over this kind of approach.

Well, one year on, says The Lawyer, Tyco is still partnering with Eversheds and singing its praises, especially since the firm must get Tyco to sign off on every legal task it performs on the client’s behalf in order to get paid for it. So how did Eversheds do? Today, it’s now sitting on no fewer than six similar arrangements with other companies, each of which looked at the Tyco deal and were impressed by what they saw. Now other London-based firms are trying to emulate Eversheds’ approach, including Hammonds and Pinsent Masons. So I’d say, on the whole, that this has been a pretty successful undertaking so far.

What really impressed me here, though, is how Tyco’s partnership with Eversheds indirectly helped bring the six other companies on board. When Eversheds first proposed the present arrangement to Tyco, it proffered two cutting-edge software programs: Dealtrack, a budgeting and cost management tool, and Rapid Resolution, a project management application for litigation. But Tyco wanted more: it wanted a way to precisely estimate the total amount it was spending on its legal services company-wide.

Eversheds rose to the challenge and integrated Dealtrack and Rapid Resolution into a more powerful new program called the Global Account Management System (GAMS). “The system breaks down a company’s legal spend by country, jurisdiction or practice area, providing a heat map [of] where money is being either wasted or used efficiently,” says The Lawyer. But there’s more to it than even that. Continue Reading

MCLE’s new look

The cover story for National‘s March 2008 edition will explore mandatory continuing professional development, or MCPD, which will be up and running in Canada less than a year from now. If you’re from England, Wales, Australia, or any of the 43 US states with MCLE regimes, it might surprise you to learn that no Canadian jurisdiction currently mandates ongoing professional development among its members. If you’re from Canada, it might surprise you to learn that a Canadian jurisdiction is going to do just that.

A little less than three months ago (November 7/07), the Law Society of British Columbia’s Lawyer Education Committee released what I expect will one day be seen as a landmark report on MCPD. Earlier this month, the law society accepted the committee’s recommendation for a limited CPD regime in B.C. starting in January 2009. Other provinces are talking about MCPD to a greater or lesser extent, including Manitoba, Ontario, Quebec and Nova Scotia, but none currently intends to go as far as B.C. is going. I recommend the final report, and its interim antecedent, for a thorough and impassioned exploration of the state of post-call legal education in Canada and worldwide.

For me, however, the landmark nature of the report doesn’t arise so much from the new mandatory status of CPD. One way or another, either through law society requirement or through outside intervention by the marketplace or the state, the days when lawyers could choose whether or not to upgrade their skills and knowledge are coming to an end. What’s really promising about the B.C. decision is the broad range of approved CPD activities. Continue Reading

RSS up and running

I finally managed to figure out what I was doing wrong with the RSS feed on WordPress — launching a new blog, I’m finding, is a lot like setting sail in a new ship while you’re still hammering the nails into the hull. If you’d like to obtain the Law21 feed, look for the RSS icon at the top of the first column to the right. Thanks!

The real risk of offshoring

This article from The Recorder about in-house counsel who send legal work offshore includes a line that goes straight on to my list of favourite quotes. Scott Rickman, associate general counsel at Del Monte Foods, has this to say regarding law firms’ standard warnings about offshoring:

“In these articles, there’s always a quote from a partner at a large law firm about the risk of sending work to India. Yes, there’s a risk — there’s a risk to law firm profits.”

Yeah, you got served!*

Obviously there are risks involved with offshoring work to India, but the risk is pretty much the same as it would be when beginning a new relationship with any legal service provider, whether in Mumbai or Montreal. Law firms are the ones with more at stake here — as a consultant in the article puts it, it’s not just about falling profits, it’s also about the law firms’ loss of control. And there’s more of that to come.

Read the comments made in the article by the in-house counsel. Even the most enthusiastic proponents of offshoring aren’t sending bet-the-company work overseas. But they’re not worried about the quality of offshore work per se; they’re concerned that they don’t have longstanding relationships of trust and confidence with these offshore firms, and that Indian firms don’t have the expertise to do higher-end work. Mona Sabet of Cadence, explaining why she doesn’t offshore IP work, says:

“As with any complex activity, it takes years before an organization can develop the depth of proficiency necessary to compete with others who have been in the industry for decades.”

The key element here is time, and the key word is “yet” — this is an industry still in its infancy. If you really believe that an Indian legal service provider won’t establish both excellent working relationships with clients and top-grade expertise in key areas for another 25 or 30 years, or ever, then I think you’ll be uncomfortably surprised, and soon. The North American legal marketplace is extremely vulnerable to hungry competitors, and in India, they’ve only just started the appetizers.

* I apologize for the sorry attempt at hipness. As the saying goes, I wouldn’t be street if you covered me in asphalt.

Something’s actually happening

There’s a lot of buzz building about an article in today’s New York Times with the rather odd title “Who’s Cuddly Now? Law Firms.” It summarizes a recent rash of new business models in American law firms, from flextime for lawyers to flat-fee bills for clients to alternative billable-hour schemes and more. It’s the second article the Times has run recently about lawyers seeking satisfaction, and it prompted its rivals at the WSJ’s Law Blog to ask: is there really something happening here?

The WSJ blog’s readers are providing their usual snarky responses: “This new ‘movement’ will dovetail nicely into the massive layoffs that will be coming in the coming months,” says one. “So, you want more time with your family or to pursue your passion for flamenco guitar? Here is 3 months severance.” Nice. So, here’s my answer to the blog’s question: yes. As Judith shouted at Reg in The Life of Brian, “Something’s actually happening!”

I can refer to you any number of articles and links about law firms that are making changes to the way they manage their employees and their work — see the Financial Times‘ law firm innovation report and the Innovaction Awards, for starters. In addition to the firms identified in the Times article, there are others making changes to how they operate in terms of compensation, of partnership, of billable hours, of women in law firms, and even of the entire firm itself. And these are just a few of the ones we hear about — other changes are occurring, quietly and beneath the radar, in areas such as recruitment, retention, training, parental leave, and evaluation.

Law firms are under pressure. They’ve gotten used to a comfortable world where they could set the tone and pace of operations. That comfort zone is evaporating from two directions: externally from clients and internally from lawyers. Clients really are more sophisticated and more demanding, and they’re looking for more than their firms have traditionally been willing to give them. And lawyers really are more inclined to walk away from (or try to change) work conditions that don’t satisfy a wide range of personal needs.

But even that’s not really new — both clients and lawyers are longstanding complainers, and pressure has been brought before, which law firms have ignored. And keep in mind that many, many law firms are continuing to ignore these pressures. What’s really new this time, I think, is not just that law firms are changing the way they do business, but why. I think they’re doing it, voluntarily, to gain a competitive advantage. Continue Reading

Legal secretaries 2.0

With an assist to Ron Friedmann‘s Strategic Legal Technology blog for locating the story, here’s another neat law firm innovation that qualifies as a “why didn’t we think of that?” moment. A Buffalo law firm, Rupp Baase Pfalzgraf Cunningham & Coppola LLC (I’m sure glad I don’t answer the phones there), is giving each of its legal secretaries a specialty for which she’s responsible and to which she can devote her attention and training, rather than assigning her to work for a specific lawyer. Here’s the managing partner, Tony Rupp, with the details:

“We have secretaries specializing in different fields,” Rupp said. “We have someone who’s filing, someone who’s calendaring, someone who’s filing motions and several typists who are concentrating on transcribing the dictation and producing the documents.”

This is a great idea, and it highlights an area in which law firms have been extremely slow to innovate: workflow. The traditional alignment of one lawyer -> one secretary still makes sense in a solo practice, but in a firm with multiple lawyers and a large volume and range of tasks to perform, keeping that alignment just encourages redundancy and inefficiency.

Allowing secretaries to focus on and develop expertise in one particular area creates clear channels through with assignments can flow much more easily and efficiently. Lawyers have specialties; why shouldn’t their secretaries have them too? More importantly, logistics is revolutionizing commerce worldwide, and while a study of law firm logistics (or rather, the near-complete lack thereof) would be a major undertaking, it’s still encouraging to see even one example of a firm willing to rethink how it accomplishes its daily work.

Now, that said, what disappoints me about this effort is that the secretaries’ specialties are still largely clerical and administrative. Continue Reading