The Law of the land - Page 4
- Subtitle: Cover Story
"He's very easy to work with," says Griffin. "He's demanding in the sense that he's looking for the best possible product, as you would expect, but he's not demanding in the sense of being unfair to people who work for him.
"He's very, very supportive of those who work for him. He's very good at developing young lawyers and bringing them along, showing them the trade and at the same time giving them the opportunity to see what he does.
"He doesn't take all the limelight. Obviously, in a case of some significance he may not have a lot of choice as far as how much of a role he gives you, but, for the most part, he gives you a role. He and I haven't worked on cases together for a number of years because I'm getting older and creakier, but he was never one who would prevent you from doing whatever you wanted to do or what you were up to doing - and a bit more."
Lenczner says what he enjoys most about his practice is seeing a new file and working with the young people.
"I love working with 28-, 29-, 30-year-olds. They're smart, they've got great ideas," he says, his eyes lighting up.
"Myself and most of us here have a particular interest in trying to develop younger lawyers, and you've got to stay in contact and in touch with them on a constant basis and over a few years, if you're trying to impart something. In a smaller firm, it's a little easier because you don't have as much rotation. We're all doing just litigation.
"It's all doing by example. We've heard comments where we're compared to a slave ship or something. I keep telling all the young ones around here, 'Just keep rowing.' But, you know, I want the younger people to have a more balanced life, whatever that means."
Ah yes, back to thorny issue of work-life balance.
Lenczner encapsulates more of a work-life harmony, blending both a serious work ethic with family (he has two daughters and a son, and grandchildren), friends, vacations to exotic locations, exercise, and his farm.
He also enjoys the arts with his subscription to the Tarragon Theater. "Have you ever been to the Tarragon? It's fantastic. Best theater in Toronto. Really wonderful!"
His enthusiasm is contagious. You can't help but get excited about what he's excited about.
Lenczner gets up every day at 5:15 a.m. and tries to leave before 7 p.m.
"It's a long day, but it doesn't feel long to me."
Conflicts and the legal profession
Another aspect of working at a litigation boutique is avoiding, or at least lessening the quagmire, of conflicts.
He was quoted in The Globe and Mail shortly after his work in 2006 on CIBC v. Genuity: "A case like this is a nightmare for larger firms." He was leading Genuity's defence team and said if a giant company such as CIBC is on the other side of a legal battle, partners at big law firms are going to be reluctant to litigate against them, fearing they will trip over legal conflicts or alienate a bank and its affiliates as a potential future client.
"I think the legal profession has been put under more strictures than anybody else," he says. "Look at the investment bankers, they've got conflicts every day. I mean, there aren't that many of them when they get into takeovers and bidding, and yet they cope with it, in a business sense, quite adequately.
"I think the Supreme Court has done us a disservice on the conflicts side, particularly [R. v. Neil], where, for example, you finish with a client, they've left your office, and even a few years later you can't act against that client.
"I think we've been penalized too much and it's creating unnecessary roadblocks. There must be a better way."
Lenczner says he can't fathom that large corporate firms have staff whose full-time job is checking for conflicts.
"I mean, that isn't right. We're practising law, we shouldn't have a conflicts guardian."





