Family values

Big news: most law firms no longer consider a lawyer’s decision to start and raise a family to be an implicit violation of the employment contract. Many women lawyers can now take nine months or more of maternity leave and return to find their jobs still waiting for them and their career prospects not greatly dimmed.

This is good news, of course, and I applaud the architects and pioneers of parental leave acceptance. But in many firms, parental leave allowances are simply part of an effort to staunch the hemorrhaging of young talent. Firms have learned that if they want to keep young lawyers around, they could start by accommodating these lawyers’ desire to have kids and to be with them during the first several months of their lives.

But that young talent probably will continue to drain away regardless, because it’s not just about getting time with a newborn. Consider that for many of these lawyers, the hard part comes when they return to work and find the firm demanding exactly the same hours and dedication it did pre-leave — if not more. I know a lot of ex-firm lawyers for whom that was the breaking point.

Why do so many lawyers still have to choose between a fulfilling career in a law firm and a fulfilling role as an involved parent? There are always tradeoffs, naturally: you can’t be a high-powered, high-paid lawyer and still spend hours on the playroom floor with your kids. But lawyering and parenting don’t have to be mutually exclusive. And more to the point, the firms seem to keep mistaking the symptoms for the problem.

Law firms are businesses trying to turn a profit. But they’re hamstrung by how they go about it — by their addiction to the billable-hour system. When you sell your services, compensate your workers and evaluate your future partners on the volume of hours billed, you will disproportionately reward those lawyers who have few if any commitments outside the office.

If time equals profitability, and if profitability equals profile and promotion, a firm inevitably will exclude lawyers who want or need to spend time away from work (a group that remains overwhelmingly female). There are thousands of excellent lawyers who fall into that category. They form a vast pool of top-quality resources that continue to slip away from firms addicted to the billable hour system. Is the system worth that?

This post first appeared as the editorial in the March 2007 issue of National.

21st-century legal education

This article was first posted at Slaw on September 28th, 2006.

I wasn’t much of an articling student. I worked hard, but not smart: my learning curves were more like sheer cliff faces. I’m sure I wasted a lot of clients’ money and lawyers’ time during my year of service, and the firm was right not to ask me back.

In retrospect, I can see many things I should have done differently. But at the time, I was seriously peeved that no one had prepared me for this, that I hadn’t the first clue of what the practising Bar required. That’s been a pretty common experience for many new lawyers before and since.

Many lawyers blame the law schools, using overworn clichés like “ivory towers” and “here in the real world.” But law schools aren’t trade schools, and I don’t think they ought to be. A good legal education teaches students that the law has a history, a purpose and a soul, that law matters; it’s an incredibly rich and fulfilling experience that gives us the right to call ourselves “professionals.”

But law schools will have to adapt to changing circumstances in the years to come; they won’t really have much choice. 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.