Saturday, December 30, 2006

Alternative Legal Careers

Many readers have been asking me for my list of Alternative Legal Careers. I misplaced my original list when my old computer crashed. But, here's what I remember from it:

  • Polititian (As a matter of fact, fourteen of Canada's twenty prime ministers were, or continue to be, lawyers. Among the prime ministers who were not lawyers was a doctor, a diplomat, a labour expert, and a printer - and once you are done politicing, then maybe you'll be ready to return like this guy did.)
  • Legal researcher
  • Business Executive (here is a compelling case for lawyer-CEO's)
  • Consultant
  • Member of various Board of Directors (I have heard of some people who actually make a living doing this!)
  • Lawyer for Contract (have a say in your hours and types of work!)
  • Legal Publishing (what we say "where lawyers go to die" or "where law students get overpaid whilst studying")
  • Policy work - in government
  • Real Estate Agent
  • Law Professor (you only need an LL.M. in Canada to do this)
  • Author (Any future John Grisham’s out there?)
  • Sports Agent – almost every one I have ever known was a lawyer or had a law degree
  • Full time Mediator
If you have further ideas for alternative legal careers, please post them in the comments section. Thanks!

Wednesday, December 20, 2006

Which undergrad works best for pre-law?

Sorry for the lack of posts lately. Very busy with a couple of heavy litigation files.

Lots of people have asked me what the best undergraduate program is for prepping yourself for law school. This question usually evokes two prongs: 1) what is the best content to prep you for law school; 2) how can I ensure that my GPA will be sufficient to make me a competitive applicant.

This is a very subjective subject. There is a great discussion at lawstudents.ca on this very subject. You may want to add to that discussion.

I'll give you my $0.02. My law school class was full of a huge diversity of people. We had a class of about 175 people. There were people from Poli-Sci, Psychology, Business, MBA, English, Philosophy, Chemistry, Biology, Military College, etc. There were some people with two degrees, some with Masters, some with Doctorates. Who did the best? Again, unpredictable. A scientist, a policital scientist, an English major...

I liked one comment on lawstudents.ca that implied that your grades are more dependant on the time that you put in. I would also add innate intelligence. Do your homework - find out what programs have reputations of having very low curves, and what ones have high curves. Choose a program that you are passionate about. Chances are that a part of your undergraduate program will follow you throughout your career. My uncle wanted to be an opera singer when he started his undergrad. He realized he needed a better paying career for his family, and went into law. Later in life, he remembered his passion and was a participant in many musicals. He decided he was more "artsy" and went into environmental law, and is loving it.

For myself, my English degree follows me everywhere I go. I love to write, to read, and to analyze written material. I can't seem to get away from publishing, editing and writing. I love that part of life, and it serves me well in my new career as a lawyer too.

Study hard, get the best grades you can. Take fun classes too - stuff you can get good grades in, while creating memories along the way. Prepare for the LSAT early on if you are able, and read my book - it really will help to pave the way for your new career as a lawyer.

Tuesday, December 5, 2006

The Life of a Lawyer

This is from more recent times (i.e. December 2006):

I am currently doing a lot of real estate. What does that mean? It means that I represent either sellers or buyers of residential homes. Sometimes I only do the transfer/conveyance. Sometimes I also do the mortgage. If I do the mortgatge, I am also representing the bank that is giving the loan. That means that I have to make sure that the bank obtains sufficient security on the property in question. Most of the time, things go smoothly with these transactions. Usually, if a problem arises, it is because of something that the other lawyer has neglected to do. Some lawyers get really lazy about timelines, requirements, etc. It's really frustrating. But, sometimes I miss little things too. It is so essential to have a really good paralegal on the job to make these transactions go smoothly, and to make them more profitable for our firm.

I am also preparing a lot of wills. I really like this. Some lawyers find it boring, but I really like meeting with the clients, advising them on how to set up their estates, plan for the future, and avoid any potential pitfalls. I really like drafting the wills, and enjoy meeting with the client again to go over the documents and execute them. The client invariably walks away happy. It's a happy reprieve from conflict.

I am doing a lot more litigation that I had anticipated. I am learning to really love litigation. It's exciting. I deal with some really interesting people - people I would never normally meet. Sometimes I have to use a lot of judgment in deciding whether I want to take the person on as a client. There are lots of variables - whether I think they can pay, whether I think they will put me into an ethical tight spot, whether I think they will be bossy or unreasonable, whether they have shopped around for a lawyer, whether they have hopped from one lawyer to another. It's hard, but it's fun to have the choice to make these discernments, now that I have my own law firm.

I have started doing Dependant Adult applications, which I find interesting. Some might find it boring, but I enjoy the administrative aspect of it. It's fairly straightforward, unless someone contests the application for Guardianship.

We are now on the Legal Aid list, and have started to get some interesting cases through that. Mostly family law. But, some of our clients are in jail, and that makes life interesting.

I also spend quite a lot of time preparing precedents for my assistants to work with. It's really important to set up good systems for your staff, so that the work is done more efficiently. I don't like spending time on things that can be done by my assistants. I would rather be working on more complex legal issues, speaking to clients, and most importantly, building up business.

Client Development takes up a lot of my time, as we are a relatively new firm. I really enjoy this. I love working on our marketing and advertising campaigns, networking, making calls to other lawyers and business people that I know. I love coming up with new ideas for generating relationships and work. I am also working on some really cool new cases that will hopefully be lucritive, but also that are really important for me and for some other people that are important to me.

All in all, I am really enjoying being a lawyer. Being a partner in my own firm is awesome. The autonomy is priceless.

Well, back to work...

The Life of a Lawyer

Lots of prospective and current law students have been asking me what the daily life of a lawyer is like. Well, I can't speak for every lawyer out there, but I can tell you what my life is like, and what my colleague's lives are like. I'll probably post a few entries on this topic, and will add it to the second edition of my book.

This was from one day last year (2005):

The biggest thing that I did was to help one of our clients settle a claim for a substantial amount of debt. We did it through a 4 way negotiation, whereby the lawyer for the debtor (other side) put forward some information and an offer to settle the debt. We asked a bunch of questions, then caucused for quite a while. In the end, we ended up agreeing to the offer, as we felt the risk of trying to pursue the remainder was too high. Our client would end up with about $0.70 on the dollar, and I guess they were willing to take that. It probably would have ended up costing them a lot more to try to pursue the remainder, and the interest. One of the biggest parts of the practice of law is advising clients on risk. That was my main job in this matter. There was a chance that all could have been lost. All parties ended up fairly happy, and the matter was finalized very quickly. Had it gone to trial, everyone would have been very unhappy.

Today, I completed a quantum assessment for a personal injury file. Basically, what I had to do was an exhaustive search of case law that typified the type of injury and the circumstances of the accident. I gathered this information and analyzed it, coming up with a range of potential general damages that might be awarded to our client. We will then bring that analysis to the other side and see if they would like to negotiate a settlement. The reason for doing this quantum is to show the other side that indeed the courts have awarded $ for similar incidents.

Today I also completed an application for a new non-profit society, and am in the process of completing two applications for trade-marks. Other stuff I have on my plate right now include a huge donation to a church, which includes just a ton of paperwork; an application for registry of a federal corporation; a sale agreement for some agricultural equipment; a residential tenancies issue; an ongoing debtor-creditor litigation matter which involves some tricky arguing about Limitation periods; drafting of a contract for an online publisher; and a breach of contract matter. Lots of variety. Lots of challenges.

Tomorrow I have to go and make an application in Masters Chambers at the courthouse for an order to release some property. It's not all fancy courthouse stuff in my practice, as I tend to do a lot more solicitor's work, and most of my litigation matters never reach trial.

More later...back to work.

Law Review

Not all law schools have a Law Review or similar student run academic journal. If your chosen school does not, please ignore this post.

If your school does have a Law Review or other student run academic journal, you should seriously consider participating on its editorial board or committee.

In the U.S., Law Reviews are very serious business. Depending on the Canadian law school, Law Reviews can be serious business as well. In most U.S. law schools, only those who are invited get to sit on the Law Review editorial board. Only the cream of the crop ever gets the opportunity. Law Review is considered very highly by employers, and is almost always a requisite for graduate studies in law or professorship.

As an example, the Alberta Law Review, a publication that has been in print for 51 years (established in 1955, with its predecessor, the Alberta Law Quarterly, established in the 20’s), follows the same basic format as the U.S. Review system. Second year students (i.e. those who are entering 2L) apply to the Law Review, and applications are reviewed by the Law Review executive (Co-Editors-in-Chief, Treasurer) and Faculty Advisors (usually four). Each of these people is given one vote, and out of those votes 14-16 new members of the Editorial Board are chosen. It is a big honour to be selected to the committee. Many applicants are turned down. For the most part, grades are the prime criterion for selection. However, as the Editorial Board is broken down into various committees, it is possible for a student to gain acceptance, even if their grades are not at the very top of their class, if they can offer unique and useful skills that will help the Law Review to run smoothly. The Alberta Law Review is a business with an operating budget of over $100,000. As a result, committee members are given a lot of responsibility, and it is very important to ensure that committee members have the requisite skills to complete their particular tasks. Being good at law exams does not necessarily indicate this requirement.

If you are selected to the Editorial Board (you apply in the first week of 2L), you will have a 2-year commitment, consisting of 52 hours of work per year for each of the two years for a total of 104 hours. These 104 hours are broken down into editing and committee work. Each member of the Editorial Board must complete a minimum of two full edits (usually 20-80 hours of work each) over the two years. The rest of the time is made up with committee work. As a reward for your hard work over the two years, you are given credit for one 3-credit course in the last year of your last semester. As well, as a member of the Editorial Board, you have the option of registering for the Law Review Research Paper course, which requires you to write a 20-page case comment and to present this comment to a group consisting of Editorial Board members. These two credit opportunities can really take a load of pressure off your shoulders during your last year of law school.

Other benefits of being on the Alberta Law Review include a personalized letter from the Alberta Courts inviting you to apply for clerkships with the Alberta Courts. This is a nice “in.” More importantly, recruiters tend to look very highly upon experience on the Law Review. Inclusion indicates that you are most likely the best of the best, that you have gained considerable experience in legal research and writing, that you have developed an eye for detail, and that you are aware of a number of current legal issues. As well, if you are considering graduate school in law, inclusion on a Law Review will go a very long way for you, especially if you apply in the States. It is a well-kept secret that Law Review does not hold quite the same status in Canada as it does in the States.

A further opportunity comes in your third year of law school if you are elected as Editor-in-Chief (as I was). This is a full-time paid position during the spring/summer of after your second year, and a part-time paid position during your third year. This is an excellent opportunity to beef up your curriculum vitae, to make amazing contacts, and to learn leadership skills. I was able to converse often with leading academics, practitioners, and judges during my term. I also had the opportunity of having dinner with the Chief Justice of Canada, and of having dinner meetings with former members of the Supreme Court of Canada, the Court of Appeal and the Court of Queen’s bench of Alberta. Among some other key things, I attribute this opportunity to landing me so many interviews and subsequent job offers during the articling recruitment period.

Each law school will have a somewhat different process and organization for their law journal. Be sure to inquire with your law school early and find out how you can become involved. Some schools will offer more or less credit than the Alberta Law Review.

If you have any questions about the Law Review experience or process, send me an email.

Graduate Studies in Law in Canada: LLM Guide

I just came across a fairly useful website (LLM GUIDE - http://www.llm-guide.com/canada) for those interested in pursuing an LL.M. (Master of Laws). For those of you who are unititiated, a Master of Laws allows you to teach in law school. Many consider it the equivalent of a Ph.D., as some consider the LL.B. equivalent to graduate school (i.e. the MBA). In any case, you might find it to be interesting reading, whether you are serious about considering an LL.M. or not. I will write more on this blog about the LL.M. some time soon.

Judge Advocate General (JAG)

I posted some information on my other blog (Law Eh?) about becoming a Judge Advocate General. It is appropriate to post it at this blog as well:

Noun1.judge advocate generaljudge advocate general - the senior legal advisor to a branch of the military

Here's how the Office of the Judge Advocate General for the Canadian Forces describes itself:

"Whether providing legal advice at one of the many bases and wings across the country, defending an accused at a court martial, teaching courses to other CF members, or advising a commanding officer in an operational theatre, the legal officers and staff of the Office of the Judge Advocate General constantly strive to uphold the ethical and legal principles established by both the Canadian Forces and the Government of Canada."

According to the JAG website, "The Office of the JAG comprises 114 regular force legal officer positions and 64 reserve force legal officer positions. The regular force legal officers are employed throughout the CF, in Canada and abroad...The JAG is statutorily responsible to the Minister of National Defence and 'accountable' for the legal advice given to the Chief of the Defence Staff, the military chain of command, and to the Deputy Minister. This clear accountability structure was designed to enhance the integrity of the Office of the JAG and ensure the independence of the JAG from the chain of command in the provision of legal advice in all areas including military justice."

Those that join up "join from a variety of backgrounds — some with no previous military experience; some with prior regular or reserve force experience; some through internal career change programs. They must all be members in good standing of a provincial law society in Canada, meet Canadian Forces medical standards and successfully complete the 14-week Basic Officer Training Course before they can become a legal officer."

"Legal officers come from a variety of backgrounds but most share some common characteristics. First and foremost is a desire to serve Canada as a member of the Canadian Forces - they are all commissioned, uniformed officers joining in the rank of Captain with the opportunity to rise to the rank of Brigadier-General (although the current JAG is a Major-General). As regular force members of the Canadian Forces, they accept that service may involve relocation upon receiving a new posting and periods of separation from their families when duty calls."

"If you want to become a legal officer in the Office of the JAG you will have to join the Canadian Forces and go through the same selection process as all applicants who volunteer to enroll in the military. Upon acceptance to and enrolment in the Canadian Forces, you would be required to undergo Basic Officer Training and official language training (depending on your abilities in the official languages) prior to being posted for employment and further professional development as a legal officer in the Office of the JAG."

Pay and allowances: "Legal officers are specialist officers and are generally paid on a different scale B than general service officers. Legal officer pay is linked to that of the Department of Justice with a 6.5% “military factor” added on to recognize the exigencies of military life."

Pension: "The Canadian Forces Superannuation Act guarantees a pension to personnel who have served in the Canadian Forces for at least twenty years. This pension is based on an average of your wages for the best five years of your career. The pension begins at 40% after twenty years service and maximizes at 70% after 35 years of service."

These links are interesting:

Office of the JAG Organizational Chart C
JAG offices across Canada C
JAG offices around the world C

It looks as though the JAG is separated into various areas of law (Prosecution, Defence, Military Justice and Admin Law, etc.).

If you want to learn more about Military Justice in general, go here: http://www.forces.gc.ca/jag/military_justice/default_e.asp. It gives a good overview.

There is a short entry on Wikipedia that gives some current stats: http://en.wikipedia.org/wiki/Judge_Advocate_General_(Canada)

And for those of you who want to steep yourselves in JAG culture:

JAG (Judge Advocate General) - The Complete Second Season

If any of you have further information about what being JAG is like, or how one becomes JAG, please feel free to provide us some information through a comment. Thanks.

I was in the military, and went through boot camp, and engineering boot camp. It was pretty brutal. I heard that Officer Training boot camp is a lot lighter, but I might be wrong. Anyone dispute that claim?

In any case, it looks like a pretty interesting career choice.