Small ideas on legal practice, research and technology

Get to the Point

A short primer on what is called ‘point first’ writing.

You might be tempted to keep your reader in suspense about your conclusion or even the very subject of your blog post or client update, but that would be a mistake – you aren’t aiming to write a mystery novel or a cliff-hanging thriller.

Like most people, your client is busy and has a short attention span – so get to the point.

Point-first writing is also effective in memos, factums and letters.

Start with your conclusion and then explain how you got there. Begin by expressing the general rule, …

Posted in: Research & Writing

Avoid Communication Pitfalls With This One Simple Practice

Nothing causes trouble in legal practice quite like communication failures.

Communication is one of the most common sources of malpractice claims.

Honing proactive and effective communication skills has significant positive implications for everything from delegation, to the quality of your work, and the health of your personal and professional relationships.

With this in mind, focusing on improving your communication practices is probably one of the best investments you can make in your career. Where to start is quite simple, with your thoughts.

What are you thinking when you postpone communicating? And how is that serving you?

I work with many …

Posted in: Practice

Be EXACT

Searches that look for all variations of a word can be helpful, but sometimes you need to search for a word or phrase exactly as spelled.

How you do this differs from database to database. In CanLII, use EXACT( ) around the word you are searching for, e.g. EXACT(AIDS). CanLII usually searches for variants of the word, but using EXACT will force it to search for exactly what you have specified.

Quicklaw and WestlawNext Canada both default to searching for both the singular and plural of a search term, rather than all the variants; this means you won’t get …

Posted in: Research & Writing

Don’t Let Anyone Bully You

This is easier said than done. Don’t let anyone make you do what you know is wrong – whether out of trust, love, or pressure from a bully. If a client tells you to hide evidence or lie, don’t do it. If a supervising lawyer tells you to take a shortcut that only partially fulfills your duties, don’t do it. If opposing counsel treats you maliciously and you want to retaliate in kind, don’t do it. As a lawyer, you are often the last and only person who can say no when someone tells you to do something you know …

Posted in: Practice

Let’s Get Personal

With pronouns, that is.

A pronoun is a word that stands for a noun. Example: ‘The guy [noun] I was talking to is a third-year associate; he [pronoun] works in the corporate department’.

That and who
These pronouns have distinct uses: that refers to things and who to people.

So don’t write this: ‘Thanks to all that came to the event’. It’s ‘all who came to the event’ (unless they were robots).

An entity is an it
Not a they. Thus, ‘The bank was subject to a class action alleging that it had overcharged its customers for foreign-exchange …

Posted in: Research & Writing

I Make a Good Income but Am I Really Wealthy?

According to Moneysense, earning the big bucks alone, doesn’t make you rich. Real Wealth is determined by” Net worth” what you own – minus what you owe.   (Moneysense, January 2015) .

A financial plan is designed to help you build your net worth and get more from the money you earn.  A financial plan address key areas of your financial life such as:

  1. How to make the most of your cashflow
  2. Identifying risks to you and your family’s cashflow
  3. Creating cashflow with passive investments when you are ready to stop working
  4. How to clawback your cashflow from taxes
  5. How to
Posted in: Practice

CBA’s Child Rights Toolkit

Did you know that the Canadian Bar Association publishes toolkits in multiple practice areas? Today I want to tell you in particular about the Child Rights Toolkit that was launched just May 11 of this year.

This toolkit describes its four main parts as:

Fundamentals – provides the fundamental framework of child rights including where they come from, what they are, who is responsible and the status of child rights in Canada.

The System: Cross-Cutting Themes – outlines available systemic child rights supports and tools and in particular independent human rights institutions and child rights impact assessments.

The Child:

Posted in: Research & Writing

New Lawyers: Document All Client Interactions

New lawyers, I hope this tip will follow you well for your whole career. Begin doing this now and do it every time, to the point where it becomes a habit. It will both help your practice and protect you in the event of a malpractice claim. Document all client interactions, whether over the phone, or in a meeting – even the quick or “0.1” conversation. If you are a young lawyer or articling student who may never encounter a client in your first year, this advice applies to your encounters with senior lawyers who give you assignments. Treat them …

Posted in: Practice

Keep Your Cultural References Current and Universal

This is intended mostly for the baby-boomers out there.

If you’re writing a client piece, it’s often tempting to jazz things up with a reference to sports, popular music, TV or movies.

This can be effective, both in conveying an image and in making the writer look human (which isn’t always easy in legal writing). There are some pitfalls, however.

Those born before 1965 may have to come to the shocking realisation that there is a now a generation for whom The Beatles are just some old band their grandparents bore on about.

Trying to look hip can also backfire, …

Posted in: Research & Writing

Check the Source Law (Not the Consolidation)

If you’re having difficulty finding the amendments made to an act by another act, make sure you’re consulting the original act rather than the consolidation. Consolidations generally omit amendments to other acts.

For example, the new British Columbia Societies Act made changes to a number of acts including the Business Corporations Act. If you wanted to see the text of those changes, you would need to look at the text of the Societies Act as it read initially rather than in its consolidated form.

Susannah Tredwell

Posted in: Research & Writing