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    Archive for the ‘personal focus and renewal’ Category
    Craft Your Future One Hour at a Time
    Thursday, December 11th, 2014

    ♫  Inch by inch, row by row, I’m gonna make this garden grow
    All it takes is a rake and a hoe and a piece of fertile ground…♫

    Lyrics and music by: David Mallett, recorded by: Peter, Paul & Mary.

    a dream is a wish

    Abraham Lincoln is credited with saying: “The best way to predict your future is to create it”

    Brian Tracy in his blog talks about the Golden Hour – a time that you set aside at the start of your day to work on the most important task you will have for your lifetime – namely your personal development.

    Brian states:

    [T]ake 30-60 minutes and read something motivational, inspirational or educational. Be sure that the first thing you put into your mind in the morning is positive, healthy and consistent with the kind of life you want to lead.

    A colleague of mine, Tom Grella, has been following this philosophy for as long as I have known him.  He takes an hour a day to read books and study leadership as it applies to lawyers.  His time invested in this activity has paid off in spades.

    Tom, the managing partner of McGuire, Wood & Bissette in Asheville, N.C., in 2012 was named the recipient of the Samuel S. Smith Award by the American Bar Association’s Law Practice Management Section.

    “I cannot think of a more deserving honoree than Tom Grella. He epitomizes everything this award was created to recognize,” said Thomas Mighell, chair of the ABA Law Practice Management Section. “Tom stands out as a leader in LPM, the ABA and his law firm. His commitment to the improved growth and education of law practice management is steadfast, as demonstrated through his continued participation and leadership in LPM section activities.”

    The lesson here is to start – today – in investing in yourself to become the person that you wish to be. Inch by inch, day by day, you will be making progress towards your goal.

    Brian Tracy has great advice on how to make this happen. He says:

    After you have completed your morning reading, take a spiral notebook and write out your top 10-15 goals in the present tense, exactly as if you have already achieved them. Write goals such as, “I earn $100,000 per year”; “I weigh 165 pounds and am superbly fit”; “I drive a brand new grey BMW”; “I live in a beautiful 3500 square foot home” and so on. Rewrite your list of goals every morning without referring back to the goals you wrote the day before. This is a very important success factor for you to practice in order to achieve your goals.

    Only you will know what your goals are.. eHow says:

    Think about what you value in life. Your goals and aspirations need to be in line with your values in life. Defining your values will help you to set a direction for your goals and keep you focused and on track.

    Your goals can be as big and as broad as your imagination.  They could be to help your family and your children excel. They could be to make your business succeed. They could be to build your relationship with your spouse to be strong and powerful. Or they can aspire to achieve world peace and help end hunger.

    As Ralph Waldo Emerson said: “Dare to live the life you have dreamed for yourself. Go forward and make your dreams come true.”

    (cross-posted to tips.slaw.ca)

    Posted in Adding Value, Change Management, Issues facing Law Firms, Law Firm Strategy, Leadership and Strategic Planning, personal focus and renewal, Tips | Permalink | No Comments »
    Lest We Forget
    Monday, November 10th, 2014

    ♫ It seems a long, long time ago
    A young man far away from home
    Friends made and lost along the way
    Some memories will stay

    Those who died – those who live, you will not forget
    If this year’s your last year – we will not forget…♫

    Lyrics and music by Michael Reynolds, recorded by Felicia Urquhart.

    poppy

     

    This is a guest post from Chris Green of Greenway Legal Centre in Langley, BC.  I have been a fan of Chris’ email newsletter for some time but this post truly struck home for me.   It is reproduced here with his kind permission and approval.   By the way you can subscribe to Chris’ newsletter by visiting his website.

    Our November newsletter each year is always a departure from our usually irreverent and light-hearted banter. It is the one edition that we try to play straight, in deference to the solemnity of our topic: saluting the sacrifices made by our veterans in wars past and present. This year is no exception, especially in light of the cowardly murder of a guard of honour on the steps of our National War Memorial. Last year’s piece, Charlie’s Tree, was one of our most read postings ever, and it recently attracted a link to a new YouTube video, “The Black Sedan”. Scroll down to the comments to watch the Jon and Larry’s video and see if you can spot Charlie’s Tree.

    The tragic events in Ottawa have led to a lot of talk around the water cooler at GreenWay, and interestingly, one of the main themes has been the changing nature of Remembrance Day. Hal commented to me last week, as he completed preparations to lead his youth pipe band to play at the Pitt Meadows Cenotaph, that when he himself had been a young piper in the band, the war still seemed so very real, as his fellow pipers included many veterans of the Second Great War, who treated the annual piping gig at the cenotaph as a personal act of remembrance.

    Like Hal, my younger life was populated with the veterans of both wars, so those conflicts have always seemed more like current events-like headlines from last week’s newspapers, rather than chapters in a history book. One needed to go no further than the dinner table for anecdotes or reminiscences of the war, and the lives of almost all of the adults in my life had been touched by the war, be they parents, grandparents, teachers, employers or mentors.

    In consequence, for them and for me, Remembrance Day has always been a time to remember real people: my father, who fought in Italy, my step father, who stumped around for the rest of his life on an ankle destroyed by shrapnel in France, or Grandfather Green, who once famously summed up the entire First Great War, and surviving the trenches of the Somme, in a single sentence:

    “Yeah, I visited France once – didn’t like it much.”

    As the veteran’s numbers decrease, and we contemplate a time in the not too distant future when we mark the passing of the last veteran of WWII, (just as we recently saluted the passing of my namesake Florence Green, who was officially the last known veteran of WWI, when she passed in 2012,) of necessity, the nature of Remembrance Day changes.

    Increasingly, I think, the day is viewed, at least by younger persons, as an abstract contemplation of the horror of war, or a day to pause and pray for peace. Laudable thoughts for sure, but so very different from putting your elbows on the beer-soaked, terry-towel tablecloth in a smoky Legion hall, in company of those who were actually there, and getting maudlin hoisting a few, to toast those who still live in your memory.

    And for how much longer will those Legion halls, smoky or not, feature prominently in Remembrance Day celebrations? Sadly, despite the fact that this year will likely see record numbers turning out for the wreath-laying ceremonies, it appears that their days are numbered. Once a mainstay of every small town, Legion halls are quietly disappearing everywhere. No vets to visit them and no money to support them.

    Last month, while visiting Ucluelet, I glanced down a side street and noticed a boarded up building with a large For Sale sign – it was the Ucluelet Army, Navy and Air Force Veterans Hall. My trip home took me along Hastings Street in Burnaby, where the wrecking ball has now claimed the former home of Branch 148 of the Royal Canadian Legion. Closer to home, I happen to know that the Port Moody City Hall keeps a ‘development package’ under the front counter, touting the virtues of the Clark Street Legion Hall as a great opportunity for re-development, in case any developer drops in to inquire about possible sites.

    What will Remembrance Day look like, years from now, when there are no veterans of the Great Wars, nor Legion Halls remaining? Until recently, I would have predicted a slow decline – a secular day off with all but a quiet handful of wreath-laying politicians ignoring the meaning of the day, but I think I’ve changed my mind.

    Consider that, with each year of the Afghanistan conflict, as the casualty list grew, so too did the crowds at Remembrance Day ceremonies.

    Then, remarkably, came the spontaneous gatherings on the overpasses along the Highway of Heroes, a moving tribute to the fallen warriors returning home, made more powerful because they were impromptu, home-grown and unsanctioned.

    And then came Cpl. Nathan Cirillo.

    The spirit of Remembrance, if indeed it had begun to wane, has been re-kindled for another generation.

    This year, please, join me at the cenotaph. This year, it’s important.

    Thanks Chris for reminding us of what is important.  Indeed we will not forget…

    Posted in Adding Value, Leadership and Strategic Planning, personal focus and renewal, Trends | Permalink | No Comments »
    The High Note
    Monday, November 3rd, 2014

    ♫ Boy, you’re going to carry that weight,
    Carry that weight a long time
    Boy, you’re going to carry that weight
    Carry that weight a long time…♫

    Lyrics and Music by Lennon & McCartney recorded by The Beatles.

     

    mccartney

     

    This is a guest post from Ann Mehl and originally appeared in her Newsletter and blog under the title “The High Note“. To say that it struck a note is putting it mildly.  I hope you find it to be as moving and reflective as I did.  It is reproduced here with her approval and consent.

    While scanning the radio in my car for a good song, I stumbled upon an interview with Paul McCartney. He was funny and engaging, so I stopped to listen for a while. He was asked about his voice, and if, at age 71, he could still sing all those old Beatles songs. His answer was honest and revealing. “Well,” he said. “I can’t hit all the high notes like I used to, but I’ve probably got better technique now, and you learn ways around that.” Some of those techniques? Changing the melody ever so slightly, letting his back up singers hit the high notes for him, or simply calling upon his audience fill in the blanks. Music legend Sir Paul McCartney has had to learn that even he has musical limitations.

    This got me thinking: How much of our lives are spent trying to chase a high note that we are no longer capable of hitting? And what does this cost us in terms of health and happiness? In my own life, I know I hit a high note when I ran my first marathon at 3:26, a personal record for me. It’s unlikely I will ever do it again, and that’s okay. I’m interested in different goals now. But it can be very hard to let go of who we used to be, or who we imagine we still are. We see it all the time in professional sports: the athlete who retires, only to “unretire” six months later. The boxer who wants “one more fight” when everyone around him knows he should have quit years ago.

    Most of us are not athletes or professional performers, but we do know what it’s like to chase our former glories, and to hunger for that intoxicating high note. Maybe it’s the version of ourselves that is 10 years younger, or 20 pounds lighter. Maybe it’s the earlier excitement of a new job, or the rush of a new romance. Most of us yearn for these peak experiences, and once experienced, seek to recreate them.

    That’s not necessarily a bad thing, but it can lead to a lot of frustration and heartache in the present. The problem with chasing only these moments, is that they are generally very fleeting, if they exist at all. And we can miss out on some of the really great moments happening in between. Martina Navratilova said it best: “The moment of victory is much too short to live for that and nothing else.”

    I knew of one serial entrepreneur who made a killing on his first venture, to the tune of almost $10 million. He went on to create several other successful companies after this, but none as big as the first. Measured against this impossible standard, he felt he was constantly failing, even when, by all outward signs he was a massive success. To his family and work colleagues, he had become a bitter pill who could not enjoy his own success. He was enslaved to the high note, in his case, some arbitrary number below which anything spelled failure. He was Sisyphus, compelled to roll an immense boulder uphill, only to become demoralized every time it rolled back down on top of him.

    There are two basic roads that we can travel: one is the road to freedom, and the other is the road to tyranny. The road to tyranny is based on always hitting the high note, and a refusal to accept anything else. It enslaves us to the past, and blinds us to new opportunities in the present. After all, who are we if we can no longer hit the high note? The road to freedom, on the other hand, accepts that all things are in a constant state of flux: our bodies, our minds, our relationships. What we are able to do in our 20s and 30s is very different from what we can do in our 40s, 50s and beyond. And not only is this okay, it is natural.

    At the root of all unhappiness is our refusal to accept that all things eventually must end: our youth, our beauty and eventually even ourselves. What we are really fighting against is our own mortality, and that is one battle we will never win. But like Paul McCartney, maybe we can learn some new techniques. We can accept that while a relationship has changed, it does not necessarily have to end. We can accept that while a job is no longer as exciting as it once was, it may offer its own kind of reward in the people we meet. We can accept that through age or infirmity, a parent is no longer the person we once knew, and try to develop a new connection based on who they are now.

    I’m not suggesting we give up or don’t stretch ourselves, only that we don’t have to be slaves to our past successes (or failures). Graceful surrender to the here and now is always preferable to screeching, or God forbid, ruptured vocal chords. Paul McCartney may not be able to hit the high notes like he used to. All he can do is make friends with the voice he has now, and the many beautiful notes he still can sing. And when the voice cracks, or won’t go where he wants it to go, he invites the audience to sing along.

    Thanks Ann for reminding us that unless we learn to gently acknowledge and adjust to the fact that we may not be able to hit the high notes like we used to, we will be carrying that weight a long time…

    (Hat tip to Stewart Levine for originally drawing my attention to Ann’s article).

    Thought for the Day: “In the end, the love you take is equal to the love you make” – Paul McCartney.

    Posted in Adding Value, Business Development, Change Management, Firm Governance, humour, Issues facing Law Firms, Law Firm Strategy, Leadership and Strategic Planning, Make it Work!, personal focus and renewal, Tips, Trends | Permalink | No Comments »
    Lawyers and Pricing – Part 4
    Thursday, October 2nd, 2014

    ♫ That’s why I fell for (the leader of the pack)…♫

    Lyrics and Music by: George “Shadow” MortonJeff Barry and Ellie Greenwich, recorded by The Shangri-Las.

    promotion

    In the three prior posts on lawyers and pricing, we have looked at how price is only one part of the 7 components of the legal marketing mix. Part 2 discussed the product mix and how you can change your legal product mix to better meet the needs of your clients in a way that distinguishes your services from those of the competition. Part 3 examined how the people on your team can have a big impact on how your services are delivered. In fact, in Good to Great, Jim Collins said that the most important factor applied by the best companies is that they first of all “Got the right people on the bus, and the wrong people off the bus.” In this post we are exploring how promoting your business can be a distinguishing feature, setting your business up as being different from the competition…allowing you to price your services differently from the competition.

    Think about all the different ways that your clients learn about your services.  Certainly word-of-mouth is the gold standard of referral marketing, but not everyone who is a client in your firm came in the doors as a result of a personal referral.  When it comes to marketing your practice, the one truth is that whatever works today will stop working at some time in the future for reasons that you might never know. Accordingly you need to change up your promotional or marketing activities and keep trying new things. Small changes can have big effects.

    Social media is all the rage today and for good reason. Facebook has now reached 1.3 billion people – and that doesn’t include anyone in China!  LinkedIn and Twitter are the other members of the “big three” social media networks. Have a look at your Facebook page, your LinkedIn profile and your use of Twitter.  You can choose to not be on any of these (after all you can choose how to market your firm and your practice) and if these wouldn’t resonate for you or your clients ..fair ball. What is worse is being there but not having updated anything for some time.  This indicates lack of commitment and follow-thru.  Same goes for a blog – I personally find blogging to be one of the easiest and more effective ways for a young lawyer to establish themselves and their expertise in the market, if done consistently and well. Combine a blog with your thoughtful use of twitter on developments in your legal area of choice and you can become known as an authority in short order.  For a great overview of how Canadian lawyers are blogging see the Clawbies website – the Canadian Legal Blog awards.  You can be as creative as your imagination will take you..provided you still stay within the marketing ethics of your jurisdiction.

    If social networking is not for you, there are a host of more traditional marketing methods.  In person presentations and webinars are one way to get known and demonstrate your knowledge of your area of practice.  Financial institutions are always putting on presentations.  If writing is your thing, then offer to do a regular column in a local or community newspaper (you can then reuse these articles in a blog or newsletter).  You can clearly show your involvement and interest in local affairs, schools, sporting events, churches and other organizations and help them – thereby building your presence in the community.

    Whatever you do, try to ensure that your marketing makes you stand out from the pack.  After all that is its purpose – to show that you are different from the rest.  You want your clients to have fallen for the leader of the pack.

    (cross-posted to slaw tips.ca)

     

    Posted in Adding Value, Business Development, Change Management, Firm Governance, Issues facing Law Firms, Law Firm Strategy, Leadership and Strategic Planning, personal focus and renewal, Technology, Tips, Trends | Permalink | No Comments »
    2014 Solo and Small Firm Practice
    Thursday, September 25th, 2014

    ♫ I only need to tell myself
    See what the future holds… ♫

    Lyrics, music and recorded by S.P.Y.

    solo and small firm

    Just a note that the 2014 Solo and Small Firm Conference early bird rate ends tomorrow…!!

    This is a CLE-BC conference and we have worked quite hard on the content and the speakers. This is for anyone running or in a solo or small firm practice or thinking of launching one.

    This is the latest in a series of Solo and Small Firm Conferences that have been hosted by CLE-BC.  It only comes around every 2 years.

    We have outstanding speakers including the Past President of the CBA Fred Headon doing the lunch keynote on the implications of the CBA Futures Report for solo and small firms (by Skype!).

    You can attend in person or virtually.

    Topics include Business School for Lawyers – what they didn’t teach you in Law School; Managing the Finances – Making the Numbers Work, Law Office Management and Technology, Marketing Ethically, Dealing with the Self Represented and Freeman on the Land, Solo and Small Firm issues and a guest presentation by the founders of the Axess Law Firm in Ontario – who have ’embedded’ a law practice inside a number of Wal*Mart stores in Ontario.

    This is a fresh look at solo and small firm practice…and an exciting one.

    As the conference chair, I welcome you to the conference and I am looking forward to seeing you all there.  Come and see what the future holds!

    Posted in Adding Value, Budgeting, Business Development, Change Management, Firm Governance, Issues facing Law Firms, Law Firm Strategy, Leadership and Strategic Planning, Make it Work!, personal focus and renewal, Technology, Tips, Trends | Permalink | No Comments »
    Lawyers and Pricing – Part 2
    Thursday, September 4th, 2014

    ♫ Keep moving, never stopping sharks
    Keep moving…♫

    Music, lyrics and recorded by Further Seems Forever.

    shark

     

    In the first column in this series we dealt with the issue that price is but one part of the 7 components of the legal marketing mix. Unfortunately many lawyers (and clients) tend to overly focus on price and not appreciate the other 6. The theme of this post will be to look at the product mix and the role that it plays in marketing (and pricing!) of legal services.

    One law firm is different from another in terms of the mix of services that they can provide. My colleague and friend Bob Denney produces a “What’s Hot and What’s Not” report several times a year that I repost on here on my blog Thoughtfullaw.com with his kind permission. This report shows what services are in demand, what are staying neutral and which are declining. The importance here is that if you can be nimble, you can change your mix of legal services. Staying with the same mix of services can result in stagnation. In fact, Woody Allen in one of his movies once said:

    “A relationship, I think, is like a shark,  you know? It has to move constantly move forward or it dies.  And I think what we got on our hands is a dead shark”

    The one thing that you don’t want to be as a law firm is a dead shark.

    So survey your clients – do external reviews of what services are in demand, look at what industries are on the upswing in your area and think about how you can provide needed legal services to them. Compare your marketing mix of services to your competitors and see how you stack up. Eventually what you are doing will grow old in the eyes of the consumer – you need to change things up – complacency is the enemy of success.

    If you can offer a unique mix of services that are more closely aligned to the needs of your clients, then you have moved from competing solely on price to being able to distinguish your services from those offered by the competition and show to the clients that you are doing a better job in terms of meeting their needs than the competition.  The clients could say “Yes we could move to Dewey Gottem & Howe, but they don’t do what Werk, Worke and Wourke do for us…” You have moved from competing on price to competing based on the perceived value of your services from the viewpoint of the client. You have become a moving, never stopping shark…

    Posted in Adding Value, Business Development, Change Management, Firm Governance, Issues facing Law Firms, Law Firm Strategy, Leadership and Strategic Planning, personal focus and renewal, Tips, Trends | Permalink | No Comments »
    Start the Year off Right
    Thursday, August 21st, 2014

    ♫ All of these lines across my face
    Tell you the story of who I am
    So many stories of where I’ve been
    And how I got to where I am
    But these stories don’t mean anything
    When you’ve got no one to tell them to
    It’s true… I was made for you

    Oh yeah, well it’s true… that
    I was made for you…♫

    Lyrics and music by Phillip John Hanseroth, recorded by Brandi Carlile.

    story

     

    The beginning of September is always the start of the new year for me.  Perhaps it was so many years spent in school and the inevitable association with the start of the newly-minted school year.  Perhaps it is coming back from a summer vacation refreshed and invigorated and with new energy for projects.  Perhaps it is because I have been talking to many people who have plans for when they get back in September in terms of branding and setting a new strong strategic direction for their firm.

    Either way, I believe that September is a wonderful time to refocus, regroup and decide the future direction of your practice.  What changes would you like to see?  Over time law firms can lose their focus on their core services – what do they do best. They can also lose touch with their core values and their strategic direction as they take on new files and clients that pull them in new directions.  September is a perfect time to sit back with your colleagues and think about where the firm is going.  Do you wish it to explore new opportunities?  Or are you being pulled into areas that no longer represent the reasons you formed the firm in the first place?  What is gnawing on you about the firm?  What would you like to change from both a firm-wide and personal perspective?  Start a list..and have your colleagues do the same – and arrange a time (on a weekend) to hone in on all this and come to a consensus on where all of you would like to go.

    Come together and discuss the firm..its direction, focus, what makes it special and distinct – and what should be the future direction of the firm.  What is your story?  Have you been drawn away from the clients, activities and associations that drew all of you together in the first place? What is your marketing focus for the next while? What would you like to change regarding the management of the firm?  What about technology?  Have you fallen a bit behind in this area and need to incorporate plans for upgrades and new ways of doing things? Are there categories in the finance area that you would like to tighten up, such as the collection of old accounts receivable and the tightening up of credit extended to clients? How about looking at your budget and seeing if  the expenses in the group “we have always been paying this” should be looked at again if for no other reason to see if there are other vendors who might be less-expensive?

    Personally I think one of the important measures is whether you have remained a ‘client-focused firm’.  My late colleague and friend Milt Zwicker’s acid test was whether what was done in the firm provided value to the clients  – or not. If not he would change or modify the policy or procedure so that it benefitted clients as much as possible.

    I think focusing on the story of the firm and how it carries you into the future is also important.  This is the culture, the invisible bond that draws all of you together and forms the backbone of the belief system of the firm. Organizations can change their culture and focus, but the story is the glue that connects the past with the future and tells why you are where you are. It is important to connect with the story of the firm, since after all, the firm was made for you to be able to provide value and meaning to your clients.

    (cross posted to tips.slaw.ca)

     

    Posted in Adding Value, Budgeting, Business Development, Change Management, Firm Governance, Issues facing Law Firms, Law Firm Strategy, Leadership and Strategic Planning, personal focus and renewal, Technology, Tips, Trends | Permalink | No Comments »
    What is on Your Bucket List?
    Thursday, August 14th, 2014

    ♫  Get on your boots and visit the North Pole
    Try every sport until you score a goal
    Follow the path of a butterfly
    Go to Ground Zero and do nothing but cry
    We don’t know how much time left we got left in this world
    This beautiful world…♫

    Lyrics and music by  Nelly Furtado, Rodney Roy Jerkins, Rodney Jerkins, recorded by Nelly Furtado.

    ground zero

    Having just returned from my summer vacation, I came across an article on Lifehack.org that struck a resonate chord deep within me.  The article is entitled: The Ultimate Bucket List: 60 Things You Should Do Before You Die.  Perhaps it was the all-too tragic death of Robin Williams.  Perhaps it was my visit to Ground Zero this summer.  Perhaps it was just the sense that life is passing by all too quickly.  I do know that I wished I had written this article as I think that Thomas Mondel has done an excellent job and he should be justifiably proud of what he has crafted.

    What is on the list of things that he has compiled? Here is just a sampling:

    Forgive the people who treated you poorly.  Thomas states that there is nothing more refreshing than to sincerely forgive someone. Just forgive then and move on – it gets rid of the anger and it frees up your mind.

    Be curious about people.  Thomas observes that the people who are interested in others are the most interesting people themselves.  Learn to listen and learn something new from everyone you meet.

    Swim Naked.  In the best case this is under the crystal clear sky. Yahoo!

    Email one of your heroes and Meet up with one of your heroes.  Try to reach out to the people who you value or you feel inspired by.  As Thomas notes, how awesome would it be if your hero actually responds?

    Witness the birth of a child.  I totally agree with Thomas – it is kinda magical! Thank you Lauren for being my magical moment!

    I hope you read the entire article by clicking here.  The time to start on our own bucket list is now…we never know how much time we have left.

    (cross posted to slaw tips.ca)

    Posted in 30 Questions for Busy Lawyers, Change Management, Leadership and Strategic Planning, personal focus and renewal, Tips, Trends | Permalink | No Comments »
    Trinity Western University Law School
    Wednesday, June 4th, 2014

    ♫ Swear allegiance to the flag
    Whatever flag they offer
    Never hint at what you really feel…♫

    Lyrics and music by: Mike RutherfordB. A. Robertson, recorded by Mike + The Mechanics.

    michael-mulligan

    This is a guest post by Michael T. Mulligan, Barrister & Solicitor in regards to the upcoming special general meeting of the Law Society set for June 10.  I would note that at all times the views expressed on this blog are strictly personal and in particular do not reflect the opinions of the Law Society of British Columbia.

    I am posting this guest post from Michael as I feel that this upcoming Special General Meeting reflects some very important issues that should be discussed fully, openly and respectfully.  I know that this particular matter has garnered considerable press and generates some fairly intense views both in and outside of the legal profession.  I feel that informed dialogue and discussion among the profession is the way to resolve this issue and accordingly here is Michael’s post:

    In anticipation of the June 10 Special General Meeting of the Law Society of BC, please find here a legal opinion prepared by Dr. Melina Buckley and J.J. Camp, QC.

    The opinion addresses the following issues:

    1.    Is the Trinity Western University (“TWU”) Covenant Discriminatory?

    2.    What is the role of the LSBC in this matter?

    3.    Does the Supreme Court of Canada’s decision in TWU v. College of Teachers [2001] 1 SCR 772 (“BCCT”) determine the outcome of the LSBC’s decision.

    In addition, please find below links to two of the submissions considered by the Law Society of Upper Canada. Both submissions include a detailed legal analysis of the applicability of the BCCT decision and come to the conclusion that it would not be determinative. The submissions further analyze the discriminatory nature of the TWU covenant and the obligations of the Law Society of Upper Canada.

    http://lsuc.on.ca/uploadedFiles/TWUCameron,AngelaandMcGill,JenaandChaisson,AngelaMarch28.pdf

    http://www.lsuc.on.ca/uploadedFiles/TWUTheAdvocates’SocietyMarch28.pdf

    If you are interested in reviewing the debate and material relied upon by the Law Society of Upper Canada in coming to the conclusion that TWU ought not to be accredited, that can be found here:

    http://www.lsuc.on.ca/twu/#transcriptsetc

    In a recent email to the profession, the president of Trinity Western University argues that it would be “unfair and discriminatory to preclude TWU graduates from practicing law in BC because of a religious belief.”

    While Trinity Western University has tried to characterize the issue before the Law Society as one relating to the admission of future theoretical graduates based on their religious beliefs, this is simply not the issue before us.

    In my respectful judgment, a person’s religious, political or other beliefs should play no part in a decision concerning their fitness for call and admission. The Law Society is a regulator of conduct, not belief.

    Moreover, as a profession, we are better off having members with a wide range of backgrounds and beliefs.

    What is being considered, at this stage, is whether the Law Society should give its approval to a proposed faculty of law. Doing so, in this case, would countenance an institution which acts in an offensive and discriminatory manner. It is Trinity Western University, not a theoretical future student, that is seeking our approval at this time.

    Section 3 of the Legal Profession Act sets out the objects and duties of the Law Society. These duties include upholding the public interest in the administration of justice and the preservation and protection of the rights and freedoms of all persons. This section also grants authority to achieve these objectives by, amongst other things, permitting the Law Society to establish standards and programs for the education of lawyers.

    The objection to the application for approval of a university that operates in a discriminatory fashion is not founded on, as TWU suggests, an emotional appeal. It is founded on a carefully considered analysis of the correct legal test for the granting of approval of the sort requested.

    In addition to being in accordance with the legal objects and duties of the Law Society, the denial of approval for TWU is the morally right thing to do. We should be leaders in ongoing efforts to end unacceptable discrimination based on sexual orientation.

    Thank you for taking the time to carefully consider this important issue.

    Sincerely,

    Michael T. Mulligan

    Barrister & Solicitor

    Mulligan Tam Pearson Law Corp.

    3rd Floor – 536 Broughton St.
    Victoria, B.C. Canada V8W 1C6
    Ph: 1.250.480.4040
    Fx: 1.250.480.0004
    Toll Free: 1.800.664.2785
    www.mtplaw.com

    Thank you Mike for this guest post on such an important issue.  Voting will be available at the various locations for the Special General Meeting until 6 pm PDT on June 20, 2014.  The information posted by the Law Society of British Columbia regarding this meeting is as follows:

    Special General Meeting June 10, 2014

    Information about the special general meeting on June 10 along with the material considered by the Benchers in their discussion and decision on April 11 are available here.

    Read the Notice of Special General Meeting update.

    Read the Notice of Special General Meeting – includes messages from the Benchers and lawyer Michael Mulligan.

    A transcript of the Bencher discussion and decision is available here.

    The webcast of the meeting is available here.

    The opinions that were before the Benchers for consideration at their April 11 meeting are available here.

     

    Personally I agree that a student should not be faced with the moral dilemma of either possibly forgoing a legal education or a having to sign allegiance to an offensive discriminatory policy as a condition of being admitted to law school and never being able to admit how they really feel while they are in attendance.

     

    Posted in Issues facing Law Firms, Leadership and Strategic Planning, personal focus and renewal, Trends | Permalink | 1 Comment »
    The Einstein Principle!
    Tuesday, May 27th, 2014

    Albert Einstein
    I got an idea and it’s really bright
    Somebody in my brain just turned on the light…

    Lyrics, music and recorded by Avias.

    albert-einstein-quotes-styles-funny_4908482892923247

    This is another great leadership post from Beth Flynn at the THE OHIO STATE UNIVERSITY LEADERSHIP CENTER (www.leadershipcenter.osu.edu).

    This post highlights the principles that helped shaped Albert Einstein into a leader and successful scientist. They are taken from Smithson, D. (2014). What managers don’t know: how to be a better manager, leader, and entrepreneur?  Theinformbook.com

    “Many people think that Einstein was just a simple scientist who went about formulating the laws that govern the Universe, but he was so much more than that.

    Apart from being the man who had the greatest single impact on the advancement of our understanding of the laws that govern the physical universe, Einstein was also a philosopher king!  Following are some of his musings (ESP), along with how they can relate to your business.

    ESP 1: ‘The search for truth is more precious than its possession.’ This of course links back into the idea that you should never stop learning, asking questions so that you can learn.

    ESP 2:  ‘Imagination is more important that knowledge.’ This ESP is one of those ideas that has no direct application, but is such a powerful belief to install within your psyche; it can influence everything you do.

    ESP 3: ‘No amount of experimentation can ever prove me right; a single experiment can prove me wrong.’  In science, nothing is ever 100% true.  Think about that axiom.  True science merely posits a theorem that should be successful tested and validated by other independent scientists, raises up a ranking to being a theory.  This relates to the ideas of leadership.  A leader is often only ever as good as his or her last successful decision.

    ESP 4: ‘Most people say that intellect that makes a great scientist.  They are wrong: it is character.’ Apart from having a brain the size of a planet, Einstein was a man of constant inquisition, determination and almost child-like playfulness.  So whilst you are getting your business qualifications, do so without sacrificing your social and thinking skills.  If you are lacking in some areas, then go outside your comfort zone and learn how to gain those skills.

    ESP 5: ‘It’s not that I’m so smart, it’s just that I stay with problems longer.’ Einstein was an amazingly humble man, but this typical self-effacing statement reveals much of the secret of his success.  He simply refused to give up.  In everything he did, Einstein took the approach of an outstanding man who wanted to achieve outstanding things.

    ESP 6: ‘You learn the rules of the game.  And then you have to play better than anyone else.’ If you want to become a success you have to first get into the game, and to do that you have to understand what the rules are.  Once you’ve got that locked down, you have to practice and compete constantly – and if necessary, push for a change in the rules!!!

    ESP 7: ‘Anyone who has never made a mistake has never tried anything new.’

    I have made (and continue to make) mistakes, ranging from minor inconveniences to absolute oh my lord pass me on a gun now! But I never stop trying because I have a very simple philosophy: I never fail, so long as I learn something new (even, as I said, if that something new is a mistake – I won’t ever do that again.

    ESP 8: ‘To stimulate creativity one must develop childlike inclination for play and childlike desire for recognition.’ My outlook on life is simple, I want to experience everything I can before I get to the final destination.

    ESP 9: ‘Great ideas often receive violent opposition from mediocre minds.’ It is said that we go through three stages of development. First it is met with derision.  Then it is confronted with hostility and aggression.  Finally, it is accepted as playfully self-evident.  This is especially true when your great idea is a challenge to the established way of doing things, or contrary to the idea of the one who sits above you (p. 211-291).”

    WANT TO DISCUSS TODAY’S LEADERSHIP MOMENT?
    Go to the Ohio State Leadership’s blog and share your thoughts, ideas, or answer the questions below.

    • Which of these ESP principles had the biggest impact on you?
    • What are some ways  you can integrate these principles into your work life?

    Thanks Beth for helping us all turn on the light in our brains!

    Posted in Adding Value, Business Development, Change Management, Firm Governance, humour, Issues facing Law Firms, Law Firm Strategy, Leadership and Strategic Planning, personal focus and renewal, Tips, Trends | Permalink | 1 Comment »