To the Class of ’08:

I skipped my ten-year law school reunion in 2003. Partly I was just too busy, partly I already see a lot of my friends from law school here in Ottawa, and partly I never really got into that whole homecoming-week, relive-the-good-old days thing. Plenty of my classmates like it, however, and more power to them.

But I think we’re in the last days of the law school reunion. There are 342 Facebook groups with “law school” in the title, including one for Osgoode Hall’s 2007 graduating class that has (at time of writing) 129 members. In the age of social networks and real-time status updates on your fellow graduates’ lives, who needs the once-a-decade catch-up cocktail party in the old law lounge?

I raise this is to illustrate a fundamental change coming down the pike in how the legal profession conducts and organizes itself, and those changes are because of you.

You’re entering a profession whose culture was determined (consciously and otherwise) by the Baby Boomers. Gen-Xers like me never had the critical mass to alter that culture, so we just grumbled about it. But the generation graduating from law school these days can change things — and it will.

It’s not just about this whole “work-life balance” thing, which is overblown anyway (law is hard work, no matter who your employer is). It’s about foundational differences in how Boomers and Millennials view themselves and society. Here are some examples, all framed in generalized terms:

• Boomers viewed time as a means to an end (usually, higher earnings) and so created the billable hour system to calculate the value of legal services. Millennials view time as an end in itself — what system will you create to sell your work?

• Boomers maintained the great divide between lawyer and client — “we’re” the experts in charge, “they’re” the recipients of our wisdom. Millennials tend unconsciously towards collaboration, working with (not above) others — how will you relate to clients?

• Boomers were disturbed by the overwhelmingly white-male face of the profession and tried to make diversity a priority. Millennials take diversity for granted, and might not pay as much attention to the entry barriers still in place. How will you ensure diversity?

I could go on. With the legal profession finally undergoing true generational turnover (see our cover story), all the old assumptions are in play — everything’s up for grabs. You’re the ones who will set the rules, the expectations, the culture for lawyers for the next half-century. Go.

This post first appeared as the editorial in the 2007 Law Student issue of National magazine.

Going to town

There’s been a lot of discussion lately about the numerous factors leading to the continuing contraction of the legal profession in smaller urban centers and in rural outposts. Here’s another one: competition for legal talent. Large-center practice is operating at unprecedented levels of profitability these days; even if small-center practices were still reasonably feasible, large-center practices are now so lucrative that it’s hard for any but the most diehard devotees of small-town life to pass up the opportunities in urban Canada.

The law societies of British Columbia and Ontario have produced reports on this subject, and both identify it as a serious matter for the profession. I’m not entirely sure that it is, for a couple of reasons.

First, that belief presumes that a shortage or absence of lawyers in small centers results in reduced access to justice in those locations. Lawyers have long believed that only they can really provide legal services competently, even as the alternative legal services market (primarily paralegals, but also including title insurers and do-it-yourself will CDs) continues to flourish every year. It would hardly behoove the LSUC, for instance, to maintain that lawyers are a sine qua non for access to justice when the LSUC itself has battled successfully to gain the right to regulate paralegals.

Before we decide that only lawyers’ services pass the threshold of providing access to justice, maybe we ought to let someone else try. If lawyers really want to ensure the best possible world for access to justice, they should help throw open the legal-services marketplace to as many competitors as the market will allow, and let clients sort the wheat from the chaff. Perhaps needless to say, I don’t think that’s going to happen. Continue Reading

Law practice in the 21st century

This article was first posted at Slaw on September 29th, 2006.

Earlier this month, I visited San Francisco for the first time. I’d long been fascinated by the thought of a city built on a geological time bomb, and walking its streets was quite an experience.

Everyone knows there’ll be a massive seismic rupture underneath the city someday. But San Franciscans are neither hot nor bothered by it; they go about their lives in their historic city. Their chances of being engulfed in an earthquake remain extraordinarily small, and there’s nothing they can do to prevent it anyway, so why worry?

I think you could draw a few parallels between San Francisco and the legal profession. Great forces are in motion, seismic change is in the offing, and while prosperity reigns today, ripping upheaval is inevitable. I don’t pretend for a moment that lawyers are threatened with annihilation – so long as there’s law, there’ll be lawyers – but after the strike comes, we’ll have trouble recognizing the landscape. Continue Reading

21st-century legal publishing

This article was first posted at Slaw on September 26th, 2006.

“I’ve been a lawyer in Toronto now for four years. Over this time, a lot of law magazines, newspapers and newsletters have crossed my desk. Even though these are publications for lawyers, I never feel like they are really talking to me. They always feel a little old, a little earnest and, well, a little boring.”

That’s not me talking — these are the words of Melissa Kluger, Editor-in-Chief of a new blog titled “Precedent: The New Rules of Law and Style.” It’s pretty good — entertaining and thoughtful, and that’s a tough combination to pull off. Hers is another fresh voice in the legal blog world.

But I was struck by her quote above, since I suspect she’s not the only lawyer who finds the publications offered to Canada’s lawyers old, earnest and boring (three characteristics my daughter will someday ascribe to me; I suspect I’ve got the second and third down already). Here’s a brief look at the major national and regional legal periodicals: Continue Reading

A to Z: 26 trends for the legal profession

This article was co-authored with Mélanie Raymond, then-Senior Editor of National, and appeared as the cover story in the April/May 2006 edition of the magazine.

The legal profession is turning upside down, and many of the familiar landmarks are disappearing or bring replaced by brand-new structures. There are so many changes afoot that National’s editorial team could match each letter of the alphabet to a development that presents a threat — or an opportunity — for lawyers. Twenty-six trends, 26 letters: which ones matter the most to you?

Associé (Partnership)

It’s always been the Holy Grail, the ultimate goal for lawyers starting out in private practice It has been considered the final step in a lawyer’s transition from simply an employee to a partner. But this is all changing, thanks to systematic and generational change.

Equity partnerships (partnership without capital investments or draws), salaried associate, permanent or advisory associate — new forms of quasi-partnership are born every year. The journey to the associate level is accelerated in some firms, delayed in others. Methods vary from one firm to another, from one individual to another.

And increasingly, there are lawyers who choose to not aspire to partner status at all — for whom client development, firm management, and the additional responsibilities that go along with being a partner hold little or no appeal. Will partnership become obsolete? No, but flexibility, rather than tradition, will rule this ancient institution from now on.

Runners-up: Asia, Latin America Continue Reading

Looking for leaders

These days, young lawyers are often said to be joining firms and immediately expecting exciting work, handsome paycheques, flexible hours and endless compliments. Their attitude, apparently, is that they can bypass all the hard work put in by their elders and head straight for the reward, while bolting to a higher bidder on a moment’s notice. The phrase “entitlement mentality” gets thrown around a lot.

Rather than criticizing their newest recruits, firms might instead try learning to maximize what this generation has to offer: intelligence, creativity, technology skills and, yes, a solid work ethic. Today’s new lawyers are quite willing to put in the hours — but many need a good reason, one more compelling than “increasing firm profits.”

Today’s new lawyers also understand that associates are a fungible commodity in this marketplace. And when these associates read in the newspaper about senior partners switching firms for more money and more “challenges,” is it any wonder they feel inclined to follow suit?

And this brings us to the heart of this generational rift: leadership.  Today’s new lawyers — and their whole generation, incidentally — are starved for leadership. They’re seeking an actual vision for what a lawyer and a law firm could be, and they will respond enthusiastically to the keynotes of leadership: mentoring, coaching, feedback, vision, and a sense of higher purpose.

If a law firm chose to truly prize leadership, and dedicated the resources to prove it, that firm would have its choice of the very best and brightest young lawyers. It would have to turn them away at the door.

This post originally appeared as the editorial in the October/November 2005 issue of National magazine.

Culture wars

Every year, thousands of lawyers in their 20s enter the legal profession, while thousands more in their 60s leave it. In the result, we’re seeing a mass-scale infusion of new value systems into the legal profession — and the old and new systems usually mix like oil and water. The clearest value clash is revolving around how much of your life should be dedicated to your job, rather than to you and your family. Most new lawyers say: not that much.

Demographers argue over why this new generation cares more about spending time at home or with family than it does about professional advancement. But I can tell you this much: most new lawyers don’t really give a damn about law firms’ billable-hour targets.

And there’s the problem. Today’s legal culture (including the typical law firm compensation structure) is mostly ill-equipped to deal with this sea change. Boomer values — including devotion to the job, financial security and social status — have shaped the modern legal profession. But the profession’s newest members value self-fulfillment, job satisfaction, and family priorities more than they value overtime bonuses. This “problem” (as most firms still refer to it) is only going to get worse.

Time was, young lawyers shaped their family planning around their careers. These days, they’re shaping their career planning around their families. Law firms and legal employers that fail to recognize this change are in for a very rough ride.

This post originally appeared as the editorial in the June 2005 issue of National magazine.