Gail J. Cohen

Gail J. Cohen

Gail J. Cohen is the editorial director of Canadian Lawyer and Law Times, responsible for the editorial direction of all the publications in the group, which also includes Candian Lawyer InHouse, Canadian Lawyer 4Students, and the Legal Feeds blog.

Safety first
Posted Date: May 07, 2012

It’s month three in a row of sharing useful tips that I’ve heard at events around the country. I hadn’t planned on it, but if there’s good info on offer, I may as well share it. This month’s tips come from the spring meeting of the Canadian Corporate Counsel Association. On a 30 C April day in Montreal, I sat in on a session about ethical obligations of in-house counsel in a technological world. Here are few random tips gleaned from the session that included Dominic Jaar of KPMG, Bernard Brun of the Desjardins Group, and Langlois Kronstrom Desjardins LLP’s Jean-François De Rico.
Of use to any lawyer or anyone who uses a BlackBerry, in particular, but any device that uses Bluetooth: turn off the Bluetooth or make sure it is password-protected. Basically, the panel pointed out, all phones come set up with default passwords and anyone who is so inclined can not only easily access all the information on your device, but may even be able to go through your BlackBerry to access your company or firm’s exchange server if your Bluetooth is on and unprotected.
You can be sure as they were telling the room this, every single person in there whipped out their BlackBerrys and made the appropriate changes. I am pleased to report my Bluetooth was turned off, so Thomson Reuters’ information was safe!
Of course, password and other security measures were a big part of the discussion. The usual caveats about making sure that once you dispose of computing equipment (and that includes items such as scanners), the hard drives are wiped clean or, better yet, shredded so no private or corporate information can be gleaned from them later on. But in the day-to-day life of your average lawyer, many of whom use and carry around laptops and other portable devices, Jaar says: “If you do nothing else, encrypt your hard drive.”
Password protection is not enough — you need full encryption. As De Rico pointed out, studies show that most data breaches occur from within because of human error and/or negligence. So much like you would make sure that your filing cabinets are always locked and secure, do the same with all your computing devices, on the desk or on the go. Windows 7 now comes with encryption options as default settings, so make use of them.
One caveat on the encryption front from Brun: be sure that your IT department is aware of what’s being encrypted so if someone leaves the company, and especially during litigation, there is still access to their information. This might be a good place to have an encryption policy in place and just one of the many ways IT and legal departments can work together for the betterment of all!
So there are two ways to keep your data safe. May as well start now!
It’s month three in a row of sharing useful tips that I’ve heard at events around the country. I hadn’t planned on it, but if there’s good info on offer, I may as well share it. This month’s tips come from the spring meeting of the Canadian Corporate Counsel Association. On a 30 C April day in Montreal, I sat in on a session about ethical obligations of in-house counsel in a technological world. Here are few random tips gleaned from the session that included Dominic Jaar of KPMG, Bernard Brun of the Desjardins Group, and Langlois Kronstrom Desjardins LLP’s Jean-François De Rico.

Timing is everything
Posted Date: April 02, 2012

There is much gnashing of teeth and wringing of hands about women leaving the law profession in droves. But there are still lots who continue in private practice and follow the path to partnership and other successes. There is one thing that most young female lawyers think about — and it is integral in many cases as to whether they will stay or exit the profession: when is the best time to have a baby?
Sometimes these things just happen, but as with many steps along the way in one’s legal career, it can (and probably should) be planned.
A recent panel of women partners on Bay Street, sponsored by Young Women in Law and the Ontario Bar Association, offered a very candid discussion of “Women on the road to partnership.” While most of their advice and experiences would translate to any lawyer on the partnership path, the discussion about children and family seemed to really strike a chord.
The panellists all seemed to agree the best time to take maternity leave was during your years as a senior associate. So if you’re making plans, year five of practice seems to be the sweet spot. Here’s why:
As a young associate, you are doing work for senior associates and partners and don’t have much control over what you are responsible for. This also means you can’t really delegate. And it’s at this time in your career when you are building relationships, finding your way in your legal career, and trying to make a name for yourself (i.e., impress senior members of the firm). It’s long hours and pedal to the metal time.
As a partner, responsibilities change and are more complicated. While you may not be able to delegate work when you are a junior associate, when you are partner you can but other responsibilities of partnership make it much more difficult to duck out of practice for any length of time.
At the senior associate level, you’ve graduated to being able to download some of your work but are still not in the position of responsibility that you’ll find yourself in as a partner. Thus, sweet spot!
All the panellists said they’d had children both as associates and partners and found it difficult to take off more than a few months for parental leave once they were partners.
There was one other piece of advice they shared, in the context of keeping your eye on the partner prize: when you are ramping down for your planned maternity leave, keep your foot on the gas. While you may not be getting new files, offer your services in other ways such as helping to write papers or do some quick and fast assignments.
So if nothing else when planning your career, I think some great tidbits to ruminate over regarding one of life’s bigger decisions.
There is much gnashing of teeth and wringing of hands about women leaving the law profession in droves. But there are still lots who continue in private practice and follow the path to partnership and other successes. There is one thing that most young female lawyers think about — and it is integral in many cases as to whether they will stay or exit the profession: when is the best time to have a baby?Sometimes these things just happen, but as with many steps along the way in one’s legal career, it can (and probably should) be planned.

Be the better person
Posted Date: March 05, 2012

I’m going to put this out there as a universal truth in the legal profession: at one point, everyone’s been on the other side of the table to another lawyer who’s not been civil. Perhaps it’s been in the courtroom, perhaps just in the hallway, or maybe it was in a letter or a series of letters, or it’s just been during a short phone call. And it seems it doesn’t matter what area of law you practice — civil litigation, corporate-commercial, real estate, family, criminal, immigration law, etc. — there’s always a bad egg out there somewhere. And it’s such a scourge on the profession that law societies, bar associations, and legal academics have tried to tackle the “problem.” But the “problem” really is that rudeness can’t be cured or legislated. “You can’t change an a-hole,” one distinguished member of the bar recently noted at a panel I attended on civility.
While lodging a complaint with the law society against such individuals is an option, the best way to deal with it, according to the above noted panel, is to be the better person. “Don’t be civil because it’s the honourable thing to do, but because it’s strategic.” Too true. The best course is not to engage in a back and forth, be reasonable, be prepared for objections that may come up, and don’t lose your cool.
Ontario Superior Court Justice Susan Healey, who presides in Barrie, Ont., noted that as a judge she sees a tremendous number of lawyers going through the courts, and offered up some invaluable tips on combating incivility and making yourself look good in the process. I will share them because they were good, especially the first one.
• If you’re in court with an a-hole, don’t point it out to the judge. The judge can
pretty much see it for herself.
• Behave well. The more professionalism and integrity you show, the greater
the contrast with the other lawyer.
• Surprise attacks are a bad idea.
• Don’t be dragged down by the combative attitude of the other side.
• Don’t interrupt the judge.
• Don’t talk among yourselves and disregard the judge, you know, who is running
the courtroom.
While her tips above apply to litigators, here are some words of wisdom from Healey that every lawyer should live by: “Arrogance and swagger are not a show
of competence.”
So, as the famous sportswear manufacturer says, “just do it.” Behave well and stay above the fray and both you and your client (not to mention the profession) will benefit.
I’m going to put this out there as a universal truth in the legal profession: at one point, everyone’s been on the other side of the table to another lawyer who’s not been civil. Perhaps it’s been in the courtroom, perhaps just in the hallway, or maybe it was in a letter or a series of letters, or it’s just been during a short phone call. And it seems it doesn’t matter what area of law you practice — civil litigation, corporate-commercial, real estate, family, criminal, immigration law, etc. — there’s always a bad egg out there somewhere. And it’s such a scourge on the profession that law societies, bar associations, and legal academics have tried to tackle the “problem.” But the “problem” really is that rudeness can’t be cured or legislated. “You can’t change an a-hole,” one distinguished member of the bar recently noted at a panel I attended on civility.

Think outside the box
Posted Date: February 27, 2012

Articling: the difficulties of it are on the minds of everyone these days — students, law societies, law firms, and, well let’s admit it, parents, too. The Law Society of Upper Canada in December issued a 134-page consultation report looking at different options for the future of articles in the province of Ontario. It includes taking the articling portion right out and instituting a practical legal training course. There’s no talk of going the American route and simply having students go from law school to writing the bar exams. And there’s been no indication that any of the other provinces across the country are looking to change their qualification systems either. Thus it would seem for the time being, at least, articles are likely here to stay.
So the big question, or problem even, is what to do if you’re not one of those who’s managed to get an articling position through the traditional on-campus-interview process. There are two sides to the coin here: the first is that law students need to get creative and second, that small law firms and even sole practitioners need to get on board. Canadian Lawyer 4Students has put together an articling how-to (see page 20) that gives some great tips for both sides to get rolling.
During a recent chat with a law school career counsellor, it was heartening to hear that not only is the school promoting its students to create their own internships, but many students are doing it with gusto. Internships are a bit easier to put together than articling terms, which require more formal structures, but there’s still a lot of flexibility that can come into play. Part of it is for law students to get out there and make contact with lawyers in areas — of the law or geographic location — in which you want to practise. Taking chances can really pay off. And making the approach to lawyers in smaller communities or law firms may be the awakening they need to take on an aspiring lawyer.
For decades, it has been the bigger law firms that have trained the majority of Canadian lawyers, but that model is no longer sustainable. It is expensive for the large law firms that cannot be expected to be the sole training ground for the profession. Law students today are involved in a wide variety of pursuits and are often highly accomplished. There’s no reason not to put that same drive and creativity into getting an articling position, that (almost) final hurdle to get into the esteemed legal fraternity. You won’t know if you don’t try.
Articling: the difficulties of it are on the minds of everyone these days — students, law societies, law firms, and, well let’s admit it, parents, too. The Law Society of Upper Canada in December issued a 134-page consultation report looking at different options for the future of articles in the province of Ontario. It includes taking the articling portion right out and instituting a practical legal training course. There’s no talk of going the American route and simply having students go from law school to writing the bar exams. And there’s been no indication that any of the other provinces across the country are looking to change their qualification systems either. Thus it would seem for the time being, at least, articles are likely here to stay.

A turning point
Posted Date: February 06, 2012

A few years ago, one of the biggest issues law firms were dealing with was associate retention. Well, you won’t hear anyone talking about that anymore. Now, the topic on everyone’s lips is articling. There have been rumblings about it for years; in 2008 the Law Society of Upper Canada looked at the future of articling, reports were written, nothing much happened. The status quo continues to this day. However, in December the LSUC put out a 134-page consultation report again looking at the future of articling.
It offers up five ways to deal with the current crisis: maintaining the status quo; the status quo with quality assurance improvements; the replacement of a pre-licensing transition requirement with a post-licensing transition requirement; a choice of either articling or a practical legal training course; or only a practical legal training course.
The law society is in the midst of consultations with the profession on which option is the best to move forward (you have until March 15 to submit your thoughts to the LSUC or attend one of the consultation meetings). From attending a recent consultation, one would get the impression the society already has made up its mind on what’s best: the combo of articling and a practical legal training course. While on first glance that may seem like a good idea, I think in the long run, it probably won’t be.
Firstly, it will mean that in terms of bureaucracy, the LSUC will have to run two systems to monitor both streams. I think we can all agree that is not what the LSUC needs. Secondly, how will there be equality between a training course and articling? And even if that gets worked out, will a young lawyer who has taken the course instead of articling be treated the same by prospective employers? Will there be inherent biases creating roadblocks to success for lawyers who take the course? All I can foresee is problems and inequity in that approach. It apparently works in parts of Australia, but I say choose one or the other.
The reality is that there are articling position shortages, not just in Ontario but in other provinces as well. Although from what I hear, Saskatchewan firms are thriving and looking for articling students. It would seem that the option of maintaining articles as they are or with some extra checks and balances wouldn’t work. The idea of a course, likely costing prospective lawyers more money on top of their law school and other student loan debt, may work. But what you don’t see is the U.S.-style option of letting students write bar exams and then go out into the world as licensed lawyers to either find employment or start their own firms.
Personally, I think there is great value in articling but the system is broken. We’ll see in a few months, how the LSUC thinks it’s going to fix it. This is undoubtedly a turning point in the future of the profession.
A few years ago, one of the biggest issues law firms were dealing with was associate retention. Well, you won’t hear anyone talking about that anymore. Now, the topic on everyone’s lips is articling. There have been rumblings about it for years; in 2008 the Law Society of Upper Canada looked at the future of articling, reports were written, nothing much happened. The status quo continues to this day. However, in December the LSUC put out a 134-page consultation report again looking at the future of articling.

Good things ahead for 2012
Posted Date: January 03, 2012

With this January 2012 issue of Canadian Lawyer, we kick off our 36th year of covering the issues and trends that matter to the legal profession in Canada. And we have seen a lot of changes, particularly in the last few years. One of the biggest shifts has been the arrival of global law practices on our shores. This month, Macleod Dixon LLP will be folded into the Norton Rose Group, which rocked the Canadian legal establishment last year when it merged with Ogilvy Renault LLP. The face of law practice is changing here and so this year, we have launched a new series on canadianlawyermag.com called the Managing Partner Forum, in which law firm leaders from across the country and all types of firms will discuss the hurdles, successes, and other travails of making it work in today’s market. We launch the series this month with a column from John Coleman, who helmed Ogilvy Renault through its initial merger as well as the marriage with Macleod Dixon to form the new Norton Rose Canada. I look forward to the columns creating some interesting discussions in the profession.
As well, we’ve got a host of new online columnists coming on board for 2012 at canadianlawyermag.com. We welcome Kirk Baert, who will be penning a monthly missive on the state of class action litigation — and not wanting to have it too plaintiff-side heavy, he will be bringing on some guest columnists from the defence side. And one of the things I’ve heard most in my travels is that newly minted lawyers feel a lot less sure of themselves and their futures than they once did and there’s not a lot of information out there to help them along in their careers. So we are launching two new online columns specifically aimed at young lawyers. One is The Accidental Mentor, in which Ontario Bar Association past president Lee Akazaki does his best Dear Abby impression and answers queries of all types from junior associates looking for some guidance. And from the trenches, we have first-year associate Lindsay Scott, who will be sharing the hard lessons she’s learned on the job.
I am also happy to be starting 2012 with our latest Top 10 lists of legal boutiques. Labour and employment and intellectual property boutiques are some of the most prominent in the legal field and it’s always a good competition. Check out this year’s list starting on page 33. As always, I look forward to hearing reader feedback on anything we are doing and anything you think we should be doing. Have a great year.
With this January 2012 issue of Canadian Lawyer, we kick off our 36th year of covering the issues and trends that matter to the legal profession in Canada. And we have seen a lot of changes, particularly in the last few years. One of the biggest shifts has been the arrival of global law practices on our shores. This month, Macleod Dixon LLP will be folded into the Norton Rose Group, which rocked the Canadian legal establishment last year when it merged with Ogilvy Renault LLP. The face of law practice is changing here and so this year, we have launched a new series on canadianlawyermag.com called the Managing Partner Forum, in which law firm leaders from across the country and all types of firms will discuss the hurdles, successes, and other travails of making it work in today’s market. We launch the series this month with a column from John Coleman, who helmed Ogilvy Renault through its initial merger as well as the marriage with Macleod Dixon to form the new Norton Rose Canada. I look forward to the columns creating some interesting discussions in the profession.

More work for in-house departments
Posted Date: November 14, 2011

Once again in this issue, we share the results of the annual Canadian Lawyer corporate counsel survey, which gauges the relationship between in-house counsel and their outside legal service providers. It’s not surprising that one of our main findings is that the economy, and its current state of instability, is having an effect on corporate law departments.

Don't get left behind
Posted Date: October 02, 2011

In September, the Competition Bureau released a post-study assessment to its 2007 report that looked at restrictions impeding competition in five professions, including the law. The profession had been on tenterhooks as to what the assessment would say and how it would affect the regulation, in particular, of the profession across the country.

Reflections on a changed world
Posted Date: September 05, 2011

This month’s cover story, “A decade on,” examines the state of anti-terrorism laws in Canada over the decade since the Sept. 11, 2001 attacks in the United States. These efforts have two difficult issues to surmount, and they are the same ones faced by many countries, including the U.S.: how to heighten security while balancing individual rights and freedoms, and how to fight a “war” on terror that’s often beyond national borders and doesn’t involve a state player. Not an easy task for any government.

Try the road less travelled
Posted Date: August 29, 2011

This month’s cover story, and really a lot of the talk of the town here in Ontario, centres on the shortage of articling spaces for all the lawyers in training graduating from law school and wanting to get into the practice of law — or at least who want to get called to the bar so they can tick it off their list of accomplishments and then go on to run a successful enterprise using their law-school smarts! The problem appears to be that there are more law school grads than there are spots for them to get their mandatory 10 months or so of training. It’s such a crisis that the Law Society of Upper Canada has struck a task force to examine the issue.
<< Start < Prev 1 2 3 4 5 6 7 8 9 10 Next > End >>
Page 1 of 10

Latest Videos

More Canadian Lawyer TV...

Digital Editions