In this month's Addendum...
- Summer jobs: What's expected from you
- Recruiting: Openings for associations
- Conflicts of interest: Dealing with conflicts-of-interest as a student
- Careers: Firm or no firm?
- Networking: A young lawyer's guide to networking
- 5 Sites: Preparing for exams
 Editor
Jared Adams
Contributors
Kelly Callon-McLean
Warren Smith
Simon Chester
Michelle Mann
James Raiswell
Jared Adams
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Addendum is published by National magazine, the official magazine of the Canadian Bar Association. The views expressed in the articles contained herein are solely the views of the authors, and do not necessarily represent the views of the Canadian Bar Association.
© Copyright 2007 Canadian Bar Association. |
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Correction: The Ted Rowan-Legg Award is worth $1,000, not $100 as incorrectly stated on p. 52 of National's 2007 Law Student issue.
What's expected from summer students? A view from the law firm on what summer students will be doing and how they'll be evaluated By Kelly Callon-McLean, Director of Student and Associate Programs, Aird & Berlis LLP
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Starting a new job is daunting at any time, but when it’s your first summer at a law firm, there’s a little added layer of anxiety: will I be smart enough? Will I be able to handle the work? What if I make a mistake?
Relax – every lawyer was in your shoes at one point. Even the most successful senior partner in the biggest corner office once had his or her first day as a student or first-year lawyer and was probably dealing with the same anxieties.
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Just as lawyers like to work with students who are interested and enthusiastic about what they do, so too do clients like to work with lawyers who show the same interest in, and dedication to, their businesses and issues. |
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Here’s some advice on a few things law firms expect from their summer and articling students. It’s not meant to be exhaustive, nor a “How to Guarantee Success as a Student” checklist, but just a few things you should keep in mind when you are starting out.
Enthusiasm
The first thing we expect from our students is enthusiasm. We hope that you’re as excited about being at our firm as we are to have you here! This doesn’t mean that you should paste on a big, fake smile and pretend to be something that you’re not, but showing interest and dedication will serve you well in your career, both as a student and as a lawyer. Just as lawyers like to work with students who are interested and enthusiastic about what they do, so too do clients like to work with lawyers who show the same interest in, and dedication to, their businesses and issues.
As a student, this advice will come in particularly handy when you are asked to do something that’s not very glamorous: serving or filing documents, having documents signed, finding cases, etc. Time and again, lawyers tell me that when a student handles a “menial” task willingly and with good grace, they make a point to keep that student in mind for when they have a more exciting project to assign.
Your best work
We know that you have likely never worked in a law firm before, or written a legal memo or a letter to a client, or drafted a factum or corporate resolutions. Don’t worry that we’ll expect you to get it perfect the first time (or even the second). What we do expect is that you try your best and work hard. Make sure you provide the same quality of work and dedication for associates as you do for partners: everyone’s opinion of you counts, and “playing the letterhead” is a sure way to become unpopular with associates, who can otherwise be a fabulous resource and support for you.
In order to do your best work, you also have to learn how and when to decline work when you are too busy. Learning how to balance your workload only comes with practice, and is one of the most challenging skills for students and lawyers to learn. I tell my students that a lawyer will never remember if you have to decline his or her work once or twice because you are too busy with other assignments, but he or she will certainly remember (and make a comment on your review) if you take on the work when you are too busy and do a poor job.
Know when to ask for further direction or help. Spinning your wheels is a waste of your time and the client’s money, so don’t be afraid to go back for further clarification. Make sure that you’ve spent some time thinking about the issue and doing some background research first, though, so you’re not going back to the lawyer with the same question that he or she asked you to research.
Professionalism
Even though you may only be a first- or second-year student, you’re still a professional, and should conduct yourself accordingly – and there’s far more involved than just dressing appropriately. Be in the office during office hours (unless you’re out on client business). Don’t be late for meetings. Don’t miss deadlines. Return calls and e-mails promptly, no matter who they’re from. When you’re at firm events, or even just out for a beer after work with lawyers, don’t forget with whom you are partying: these people review you and have a say in whether or not you’re asked back.
“Help your fellow students: this is not a competition and, hopefully, these people will be your colleagues for many years to come.”
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Being a professional also means being a team player. Most of the work in law firms is done as part of a team, no matter what the practice area. Pitch in and help whenever and wherever needed. Help your fellow students: this is not a competition and, hopefully, these people will be your colleagues for many years to come.
Evaluations
Depending on the firm, you may or may not have a formal and/or written review during the summer or articling period. Whether or not you receive a formal review, you should seek out informal feedback from the lawyers with whom you are working. Once you have handed in an assignment, give the lawyer a chance to review it (this may take a few days) and then pick an appropriate time to knock on that lawyer’s door and ask for feedback. Ask if there were ways that you could have improved the document, or if there’s anything that you should do differently next time. Ask if there’s anything that the lawyer particularly liked about your work product. Lawyers often don’t think to take the initiative to deliver this kind of feedback without prompting from you, but they are usually more than happy to discuss things with you when you ask.
Formal reviews vary greatly from firm-to-firm and there is no standard form. That being said, you can generally expect to be evaluated on your research and writing skills, the quality of your legal analysis, your timeliness, attitude, maturity, and your verbal communication skills. Often, “soft” skills are also evaluated: do you get along with other students, staff and lawyers? Are you a team player? Are you client-focused?
Conclusion
In the end, life as a student isn’t so hard. We know you’re smart (or we wouldn’t have hired you in the first place) so if you show enthusiasm for all your projects, do your best work and be professional, you should feel confident about the job you’re doing. And remember: we were all in your shoes at one point!
Talent crunch: where did all the associates go? By Warren Smith, Senior Legal Recruiter, The Counsel Network
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The last year has proven to be one of the busiest legal markets in recent memory, with firms posting record profits, and practices continuing to grow alongside the economic upturn of the past few years. Amid such success, the one recurring question we hear across the country from firms seeking to grow and acquire talent is: where did all the associates go?
Gone are the days of placing a newspaper ad to bring in a healthy set of resumes. Numerous firms we speak with have posted ads for months, resulting in precisely zero applicants. With practices continuing to spool up and work still pouring in, partners are now facing the new Canadian legal market reality: an associate shortage.
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If you're one of the fortunate few to have weathered the economic downturn as an associate, you’re probably finding opportunities abound. |
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How did this happen? Many partners point to the generational “value” differences between the baby-boom partners and the Generation X/Y associates; they argue the new generation is more lifestyle-oriented, and not willing to put in the long hours private practice demands. While there may be some truth to this view, it doesn’t account fully for the significant talent crunch the market faces today. Rather, four other significant factors have led to the current situation:
1. The past comes back to haunt you: 2000-2003. Not the brightest years in recent memory, as the economy suffered through the perfect storm of the Asian economic flu, the “dot-com” bubble bursting, and 9-11. At the time, many firms looked to contain costs by reducing keep-on rates of articling students, and in certain cases, laying off associates. Fast forward to 2007, and those mid-level associates (called in 2000-2003) are, not surprisingly, in short supply. To give you an example, among the 70 largest firms in Vancouver, there are only 27 corporate solicitors in private practice who were called to the bar in 2002 (this includes corporate commercial, securities, finance, and real estate).
2. London calling (unfortunately, it’s collect). Magic Circle firms, who had previously been dormant in their Canadian recruitment efforts, returned to Canada in 2005, marking the first of many recruitment campaigns aimed at luring the best and brightest to their offices in London, New York, Paris and Dubai. Offering higher pay, larger deals, and the opportunity to live in one of the economic and cultural centers of the world, their efforts further reduced an already diminished talent pool.
3. The real housing crisis: in-house counsel. Many companies instituted hiring freezes during the economic downturn of 2000–2004, limiting in-house opportunities in the market. As the economy regained strength through 2005, those hiring freezes were lifted, and the backlog of legal work, plus the additional needs created by a resurgent economy, led to an increased demand for in-house talent. The siren call of a more “balanced” lifestyle and business-focused career opportunities targeted the same small pool of associates law firms were also courting. Once again, the talent pool is reduced.
4. Economy, economy, economy. Of course, at the heart of the crunch is a strong Canadian economy, which has resulted in an increasing supply of profitable, engaging, and talent-demanding legal work. As a result, the need for talent required to manage such deals is all the more acute, further compounding the talent crunch for mid-level associates, who are already in desperately short supply.
So where does this leave the market? If you're one of the fortunate few to have weathered the economic downturn as an associate, you’re probably finding opportunities abound – so be clear about your long-term goals before setting out to change your career path. Finding a job won’t be the hard part, rather, it’ll be about finding the right job (a recruiter might help).
And if you’re a partner with one of those associates in your group – you may want to pay a little closer attention to the grumbling they made last week about being on pace to bill 2,400 hours – a little flexibility, a thank you, and a small (large?) gift of appreciation might prove a lot less expensive than trying to find their replacement in this talent-crunched market.
Warren Smith is a senior legal recruiter with The Counsel Network, Canada’s leading legal recruitment agency, based in their Vancouver offices.
By Simon Chester, Heenan Blaikie LLP
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You've just graduated. Welcome to articling. You’ll have had limited client contact. The inner workings of your firm are a bit of a mystery. It looks like a long time to partnership. So why should you fuss about conflicts of interest?
Well, think of Manitoba lawyer Kristin Dangerfield. Her articling experience catalyzed the entire revolution in Canadian conflicts law over the last 18 years.
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Remember, you can be exposed to confidential information even when you are doing fairly mundane tasks. |
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Dangerfield’s articling experience catalyzed the entire revolution in Canadian conflicts law over the last 18 years. While as a student, she had worked for a plaintiff on a complex litigation file. Three years later she found herself joining the firm that had acted for the defendant. Ultimately, the Supreme Court of Canada had to decide what steps were necessary to protect the plaintiff’s interests.
The court rejected the efficacy of affidavits that declared that the lawyers involved had not talked to each other – such affidavits would not protect the public interest. Instead, formal institutional safeguards were needed to assure clients that confidential information would not leak within the law firm.
The Supreme Court also confirmed that conflict rules apply to articling students, since they are student members of law societies.
That’s right. You carry the same professional obligations as any other lawyer, and will (amazing as it might seem) be deemed to have the collective knowledge of the firm. And the firm’s reputation – as well as yours – depends on you understanding the rules.
What do conflict rules mean? First, the rules prohibit the lawyer’s personal interests from getting in the way of the lawyer’s professional obligations. But investing in clients or letting your personal interests muddy your duties lies somewhere in your future.
Second, we all have a professional responsibility to preserve the confidential information entrusted to us by clients. This duty is virtually absolute and yields only to public safety concerns. This means you’ll need to be scrupulously careful not to discuss client concerns outside the office. It may be tempting in social settings to discuss the sort of work that you are doing as an articling student, but if you do, you’re breaching your professional duties. Clients are entitled to have their secrets kept.
Remember, you can be exposed to confidential information even when you are doing fairly mundane tasks. A document review to assess privilege status or a due diligence exercise at a corporate client may still put you in possession of confidential client information which should not be disclosed.
Next, the interests of two clients may so diverge that a law firm may have to reconcile competing loyalties. In advancing the interests of the first client, it necessarily acts against the interests of the second. Lawyers cannot act on both sides of a dispute. What constitutes a conflicting interest will depend on the facts of each case, but a good test is whether the interest would be likely to affect professional judgment, influence advice, or compromise loyalty to a client. Our clients have a right to expect that our advice and representation will be independent, objective and uncompromised.
While a firm can’t against its current clients, the law and rules do permit it to act against a former client as long as the new matter is wholly unrelated to the former matter, and that there is no risk of the disclosure of confidential information.
While these rules may be fairly easy to state, in practice their application becomes very complicated. That’s why, when opening new files, firms have to be very careful to check whether any conflicts exist which would prevent the mandate from being accepted. It also means that firms have to run through elaborate screening precautions to deal with lawyers who move from one firm to another.
“The bottom line message to all lawyers – including articling students – is that conflicts need to be taken seriously if firms are to protect themselves.”
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At this stage in your career, you may think that you want to stay in your current firm forever, but the increasing facts of lawyer mobility suggest that in the course of your career you may work in a number of practice settings. Each time you move to a new work environment, your background will need to be assessed to determine whether you possess confidential information, which, if disclosed, could prejudice your former client. If you do, then institutional screening mechanisms need to be put in place to bolster confidentiality.
The bottom line message to all lawyers – including articling students – is that conflicts need to be taken seriously if firms are to protect themselves, and clients are to be properly served. This means responding to any communications within your firm dealing with conflicts. It also means taking seriously any undertakings not to reveal confidential information. It would also be a good idea for you to spend a little time reading the Rules of Professional Conduct and going through the four Supreme Court of Canada cases dealing with conflicts in recent years.
When you enter practice, the rules will continue to evolve. The Canadian Bar Association has recently launched a Task Force to look into possible reforms to the conflict of interest rules in order to provide a practical and effective balance between client interests, the public interest and the operations of law firms. The task force would welcome your comments on any aspects of the conflict rules – because they’re going to affect you increasingly as you develop your practice and your reputation.
A partner with national law firm Heenan Blaikie LLP, Simon Chester is the firm's senior conflicts partner for English Canada and serves as counsel to the CBA's Task Force on Conflicts of Interest.
Students hear a lot of things about “alternative careers,” by which is usually meant a job outside the private bar. But the truth is far more complex than the stereotypes. Everyone agrees, to start with, that taking a broad view of the legal careers available to you is the right way to start.
“Don’t restrict yourself to the traditional practice of law in a big firm,” advises Julie Latour, in-house counsel at Loto-Quebec in Montreal and a past president of the CBA’s Quebec Branch. “[It] can be very rewarding, but there are different niches and types of practice — for example, boutique law firms, provincial and federal governments, and practice within a company, where you can have a very interesting and challenging practice.
“The interviewing process,” she adds, “is often more of an exchange with big firms, so students don’t know about other types of practice. Inquire, seek mentorship, and go to the CBA for information. Keep an open view of your interests, and find a niche to suit your abilities and your choice of lifestyle.”
But Herb Isherwood, managing partner at Vancouver’s Bull Housser & Tupper, counters that private practice doesn’t always get a fair shake, and encourages students to seriously consider it: “There’s a fair amount of info out there about private practice that is negative, and [it] has some value, since some areas need attention,” he says.
“But looking back at it, law schools don’t do enough to explain to students how rewarding it is to become a trusted advisor to a client, along with the financial rewards of private practice,” Isherwood says. “I encourage students to take the time and effort to learn as much as they can about each path, check out all options, and understand them as best they can.”
“The law firm world is not as rigid as it seems,” adds Frank Walwyn at WeirFoulds LLP in Toronto, “and firms are not as monolithic as they appear. If your career path doesn’t seem to flow well with the firm, don’t be afraid to ask the firm to accommodate parts of it. Firms are flexible and welcome innovative, creative ideas.
“Don’t be afraid to pitch an idea to a firm. Approach it in a businesslike manner, put together a proposal, make the business case and pitch it. It could be a secondment, or it could be a pro bono file. You would be surprised how receptive firms can be to thinking of that nature.”
Michelle Mann is a legal writer, researcher, and broadcaster based in Toronto.
A young lawyer's guide to networking
When you’re starting out as a lawyer and developing your practice, you quickly discover that you need people – people to turn to for advice, people who can help develop your skills, people you can represent. But how do you find these people while still managing to bill 2,000 hours?
Among the soft skills you’ll be expected to develop as a professional, few are more important than networking. The most successful lawyers are those whose names clients and colleagues remember and who are able to quickly find solutions to problems. These lawyers are successful not only because they’ve honed their legal skills, but also because they have a web of contacts across a range of industries who count on them – and who they count on in return – for advice on complex legal problems.
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In your early days with the firm, much of your time spent networking will be within the firm, especially at social events. And while these functions are useful in terms of helping you develop a base of contacts, you should also view them as opportunities to polish your networking skills. |
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While young lawyers are often taught the basics of networking early in their careers, but like any skill, once you’ve got the basics down, you have to make use of it in order to keep it sharp. Those lawyers who are the most successful at networking do more than collect business cards at an event; they research potential contacts ahead of time and follow up after an event with personalized, relevant communications. Above all, they recognize that every opportunity to meet new people is a chance to network and are always prepared to rise the occasion.
Networking within the firm
When you start as an articling student or as an associate, your firm should – and likely will – be your best source of professional development. And it is through the firm that you will take those initial steps toward developing a network of contacts, both within and beyond the profession.
In one regard or another, all firms provide professional development programs for soft skills like networking, professional presence and business etiquette – skills new lawyers might not have learned in law school or previous careers. Fraser Milner Casgrain’s Practice University, for example, takes junior lawyers through a series of structured courses that deal with marketing and business development.
“One of the most important networking skills we teach our young lawyers is to maintain the contacts they have developed through law school and through previous jobs,” says Meghan Thomas, director of professional development with Fraser Milner Casgrain’s Toronto office. “Odds are, many of these people will become useful contacts in the business world, or lawyers themselves, and it’s important to remember that these are more than just friends, they’re potential business leads.”
Blakes, Cassels and Graydon also runs its new lawyers through similar courses. Mary Jackson, Blakes’ chief officer of legal personnel and professional development, says that networking is a difficult skill to teach to a large group because it’s often difficult to find a common denominator among the students. Some will have a reasonably well-developed skill set, while others may start from zero. To address that problem, Blakes uses a combination of classroom and one-on-one teachings to help each young lawyer best develop their networks.
“We will often bring in a professional coach to work one-on-one with the young lawyer to expand and refine the associate’s network,” she says. “It’s more costly to do it this way, but our firm sees this as an investment in our people.”
Recognizing that the practice of law is best developed through observation and hands-on exercise, many firms pair their young lawyers – especially summer and articling students – with more senior lawyers. Mentoring programs such as these not only give young lawyers a taste of what’s to come, but also help them develop a network of contacts. Nancy Stitt, director of student programs with Osler, Hoskin & Harcourt, says the buddy system allows young lawyers to sit in on conference calls and court proceedings and to learn firsthand about the nuances of each experience.
“In the early stages of their development, it’s very important for young lawyers to build up their network of contacts within the firm, and the buddy system is one important way they can do this,” says Stitt. “Our firm organizes quite a number of social events, especially in the summer, where young lawyers can meet more senior colleagues to learn about new practice areas and to make their faces known.”
In your early days with the firm, much of your time spent networking will be within the firm, especially at social events. And while these functions are useful in terms of helping you develop a base of contacts, you should also view them as opportunities to polish your networking skills.
Networking outside the firm
Since not all business contacts come from within the firm, you’ll also have to be aware of the need to develop contacts outside the industry. One of the best ways to do this is through a mentor or a more senior partner, who may be able to introduce you to new clients or contacts you might not otherwise have had a chance to meet. Equally effective is networking through professional associations, particularly those aimed at young lawyers – like the Young Lawyers-CBA – where you can share experiences with a sympathetic group.
We’ve all heard that a key part of professional development is the ability to strike the perfect balance between work and life, and being involved in community activities – volunteering for charities or playing on a sports team, for example – is a great way to develop your network of contacts outside the practice.
“Some of the most successful lawyers cultivate business from friends and from social contacts,” says Thomas. “The old adage that friends can become clients and clients can become friends still rings true.”
Fraser Milner Casgrain and Blakes both encourage their lawyers to get involved with BoardMatch, a service that pairs charities and not-for-profit organizations with professional volunteers willing to serve as directors. The experience, says Thomas, is useful for any lawyer, but especially young lawyers who benefit from the practical experience and from the contacts they develop.
While networking outside the practice is a great source of work, it’s important to remember that it’s very labour-intensive. It takes time to cultivate clients, and the best advice in this regard is to be patient and persistent. Your contacts won’t necessarily be immediate sources of work, but could become quite valuable in the future.
And networking online
As the way in which we communicate changes, so too does the way in which we network. Consider, for example, how innovations like the printing press, the telephone, radio and television revolutionized communication and brought ideas and people together.
The Internet has also changed the way in which we communicate and, by extension, the way in which we network. For example, look at how social networking sites like Facebook and MySpace have enabled people to re-establish contact with old friends and long-forgotten acquaintances.
But are these sites of any value for professional networking purposes? The answer depends on whom you ask, but the underlying message is that, while networking sites offer the chance to re-connect with contacts every now and again, they shouldn’t be relied upon as a source of generating new business.
“Personally, I think networking is changing and these kinds of sites can be valuable tools,” says Jackson. “As the 20- and 30-year-old lawyers develop professionally, they will choose to network in a manner that’s different from the previous generation. What’s more, a new generation of clients will change with them.”
“It takes time to cultivate clients, and the best advice in this regard is to be patient and persistent. Your contacts won’t necessarily be immediate sources of work, but could become quite valuable in the future.”
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“The way to teach networking is not for an older generation to force its ideas upon the younger one,” she adds, “because networking is influenced more by cultural trends than formal patterns.”
Stitt is less enthusiastic. “I don’t see a tremendous amount of value in using sites like Facebook,” she says. “Because these sites are not controlled or monitored, no one can be sure of the accuracy of content or of someone’s identity. As a law firm, we have a reputation to uphold and we can’t afford to compromise that reputation for the sake of convenience.”
Thomas says sees some value to using networking sites, but suggests that lawyers may benefit more from using sites like LinkedIn that are aimed at professionals and, in the case of Lawbby, at lawyers in particular.
“Facebook is fine for keeping up with your friends in high school and university, but we encourage our lawyers – junior and senior – to spend time on sites dedicated to the practice of law,” says Thomas.
The debate over these sites’ worth is rapidly coming to a head. The Ontario government, for example, has outlawed the use of Facebook on its equipment because it deems the site as “unacceptable for use for government business purposes.” Some law firms are also considering the value of these sites and it likely won’t be long before they implement their own usage policies.
The right tools for the job
One of the most important things to realize about networking is that it’s an incremental process, and one that must be developed on an ongoing basis. As you grow your network, keep it nurtured. Stay in touch with everyone on your list and keep adding to the list on a regular basis.
Don’t think of networking as an onerous or daunting task. With the right attitude and the proper tools, it can be both enjoyable and profitable.
James Raiswell is a professional freelance writer who specializes in corporate and promotional communications. Contact him at raiswell@stiffsentences.com.
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