Flex founder Erin Cowling was delighted to participate in the Young Women in Law Managing Partner Profile Series.
You can read Erin's profile here.
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Flex founder Erin Cowling was delighted to participate in the Young Women in Law Managing Partner Profile Series. You can read Erin's profile here.
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 Lawyers and law firms who hire Flex freelance lawyers often ask us: How do I bill out the freelance lawyer’s time or cost to my client?
In response we have drafted our own “How To Guide: Billing Out & Marking-Up Flex Freelance Lawyers’ Fees to Clients” based on our research and analysis. While we recommend you review the full Guide, we know you are busy lawyers (!) so the short answer is that there are several options on how to bill out the cost of a freelance lawyer to a client: 1) pass the direct cost of the freelance lawyer to the client as a disbursement (although our courts discourage categorizing a freelance lawyer’s cost as a disbursement when seeking a costs award or on a costs assessment, noting that they should be characterized as legal fees (see cases in the Guide)); 2) pass the cost of the freelance lawyer on to the client as legal fees at the same rate the hiring firm or hiring lawyer paid the freelance lawyer; 3) pass the cost of the freelance lawyer on to the client as legal fees and mark-up the rate paid by the hiring firm or hiring lawyer (note: you cannot mark up a disbursement); or 4) the hiring lawyer absorbs the cost themselves. The most common question we receive is with respect to #3: Is it ethical for the hiring lawyer to mark-up the freelance lawyer’s legal fees before passing them on to the client? After reviewing the analysis and research in our Guide, we’ve concluded that nothing in the Rules of Professional Conduct, legislation, or case law prohibits a mark-up of a freelance lawyer’s fees, as long as the mark-up is passed along as legal fees, and not a disbursement. The overarching principle and governing rule being that the ultimate fee charged to the client must be “fair and reasonable” in accordance with Rule 3.6-1 of the Rules. This makes sense, as there is no denying that employee associates are a law firm’s main profit centre. It would be unfair to prohibit lawyers or law firms who do not have the resources to hire full-time employee associates from using independent contractor associates (i.e. freelance lawyers) as profit centres. Admittedly employees have corresponding overhead costs that independent contractors do not, however, law firms mark-up employee associates’ rates above and beyond those costs. Also, in both scenarios, the employee associate and the independent contractor associate (freelance lawyer) are working under the supervision of a lawyer or law firm that is taking responsibility for the work completed by the associate. Bottom line: the employment relationship between the associate and the hiring lawyer or law firm should have no bearing on the ultimate fee that the client pays for that associate’s time. It is less clear whether a hiring lawyer must obtain consent from the client before marking-up a freelance lawyer’s fees. Once again, nothing in the Rules or in case law advises that clients must consent to any fee mark-up. This is understandable as law firms with employee associates are not required to seek consent from their clients to bill out their associate’s time at $350/hr when that associate is taking home only $90/hr. However, there is a 20-year-old comment in a letter (see p.6 of the Guide) from the Professional Conduct Committee of the Law Society of Upper Canada (now the Law Society of Ontario) advising that the mark-up must be revealed to the client and the client must consent. Respectfully, we disagree with this position. The compensation paid by the hiring firm to their associates (either full-time or freelance) is “irrelevant”[1] and the overall concern should be whether the fee charged to the client is “fair and reasonable”. Requiring lawyers and firms who use independent contractor lawyers (often solo and small firm lawyers) to meet the additional burden of revealing the mark-up and seeking out their client’s consent (something large firms are not required to do) is unfair and discriminatory. Profit from providing legal services is both appropriate and expected of both large and small firms. However, despite disagreeing with the position, in order to be in full compliance with the only commentary from the Law Society on this issue, we recommend obtaining the consent of the client before marking-up the fees. Hiring lawyers already need consent from the client to engage the freelance lawyer and to provide the client’s confidential information to the freelance lawyer. When obtaining this preliminary consent (most often in a clause in the initial retainer) the hiring lawyer can add a reference to the mark-up (a sample is provided in the Guide). We hope this answers your questions on the ethics of marking-up a freelance lawyer’s fees, if not, please review the full Guide or contact us! ------------------------------------------------------------------------------------------------------------- This is the third post in our series on the “Ethics of Freelance Lawyering”. The first two posts were on the Duty of Confidentiality and Avoiding Conflicts of Interest. Note: This article provides an overview only for informational purposes and does not constitute legal advice. [1] See Willowrun Investment Corp. v. Greenway Homes Ltd. (1987), 21 CPC (2d) 129 (Ont HC), [1987] OJ No 803, appeal dismissed [1987] OJ No 1020 (CA) (discussed in detail in the Guide). Photo by pina messina on Unsplash  Lawyers’ busy lives might be winding down a bit for the summer (hopefully), but there are still a few opportunities to network with fellow lawyers and potentially find some new connections.
We've compiled a list of upcoming social and networking events over the next couple of months to help you build your personal network and find potential referral sources: JULY 8, 2019 – HAMILTON – Hamilton Law Association’s Summer Social. The Terrace of The Hamilton Club. 5:30-7:30 pm. No need to RSVP, just drop by. JULY 18, 2019 – BRANTFORD – The Brant Law Association After Hours Social. Brantford Golf & Country Club – Patio. After 5:00pm. No RSVP required. AUGUST 14, 2019 – HAMILTON – Hamilton Law Association. AUGUST 15, 2019 – BRANTFORD – The Brant Law Association After Hours Social. Brantford Golf & Country Club – Patio. After 5:00pm. No RSVP required. AUGUST 19, 2019 – LONDON – Middlesex Law Association. Annual Golf Tournament. Highland Golf Club. AUGUST 19, 2019 – RICHMOND HILL – Women’s Law Association of Ontario/Canadian Association of Women Executives and Entrepreneurs. 18th Annual Deb Snead Memorial Golf Event. Putting Clinic:12:30 Golf: 2:00pm Reception: 4:30pm. Dinner: 6:00pm. AUGUST 20, 2019 - TORONTO - Young Women In Law - 2019 Articling Student Welcome Drinks, The Walrus 187 Bay Street 6:00pm-8:00pm *Free for Articling Students* Reserve your spot. AUGUST 28, 2019 – TORONTO – Toronto Lawyers Association. TLA Summer Patio Pub. The Porch, 250 Adelaide St. W. 5:30pm-7:30pm. Lawyers Only. Members: Free. Non-Members: $20.00. Know of any other upcoming social or networking events? Let us know! And we hope to see you at some of these events soon. (Please double-check dates/times/location/prices directly on the associations' websites as this information may change).  This is the second post in our series on the “Ethics of Freelance Lawyering”. This post examines best practices to avoid conflicts of interest while freelancing or when hiring a freelance lawyer. (Our first post was on Confidentiality)
What should Freelance Lawyers do to Avoid Conflicts of Interest? Avoiding conflicts of interest is an important duty for all lawyers, especially freelance lawyers who by nature are working for a number of lawyers or law firms with a number of end-clients. Rule 3.4-1 of the Law Society of Ontario’s Rules of Professional Conduct outlines a lawyer’s “Duty to Avoid Conflicts of Interest”: 3.4-1 A lawyer shall not act or continue to act for a client where there is a conflict of interest, except as permitted under the rules in this Section. Conflict of interest is defined under Rules 1.1-1: “Conflict of Interest” means the existence of a substantial risk that a lawyer’s loyalty to or representation of a client would be materially and adversely affected by the lawyer’s own interest or the lawyer’s duties to another client, a former client, or a third person. The risk must be more than a mere possibility; there must be a genuine, serious risk to the duty of loyalty or to client representation arising from the retainer. Each province has a similarly worded rule, as does the Federation of Law Societies of Canada’s Model Code of Professional Conduct. All our freelance lawyers who take on legal work are called to the Bar in at least one province in Canada and licensed with the law society or regulator of that province. This means that they all must abide by any applicable Rules or Code of Professional Conduct. To abide by the Rules, a freelance lawyer cannot work on projects for different firms where the end-clients could be deemed to be adverse in interest to each other. Likewise, a freelance lawyer cannot assist one firm in a matter substantially related to (or the same as) a previous matter formerly handled for a different firm where the former and current client have materially adverse interest to each other. The Law Society of Ontario provides best practices when hiring a “Contract Lawyer (or Paralegal)” to act as a locum for lawyers who take extended leaves from their solo practice.[1] While this is a different situation than freelancing (locums or contract lawyers “step into the shoes” of the hiring lawyer and work directly for and represent the end-client; freelance lawyers work remotely, only under the supervision of the outsourcing lawyer, and with likely no end-client contact), the LSO provides the following indirect guidance: The same rules apply to the Contract Lawyer or Paralegal and to the contracting firm/lawyer/paralegal. The Contract Lawyer or Paralegal must set up a system to check for conflicts prior to working on the contracting firm/lawyer/paralegal's files. A Contract Lawyer or Paralegal needs to keep a list of clients to whom he or she has provided legal services during all Contract Lawyer or Paralegal projects. The Contract Lawyer or Paralegal must ensure that no conflict exists between his or her present clients and those to whom the Contract Lawyer or Paralegal provided legal services during all past Contract Lawyer or Paralegal arrangements or in his or her separate practice, if one exists.[2] Therefore, to avoid the potential for conflicts, freelance lawyers maintain a list of current and former lawyer/law firm clients and the name of the end-clients those firms are assisting. Before commencing any project, a freelance lawyer will complete a “conflicts check”, just like any other lawyer taking on work. What can Outsourcing Lawyers do to Avoid Potential Conflicts When They Hire Freelance Lawyers? In the United States, the American Bar Association has provided helpful assistance for best practices for outsourcing legal work to freelance lawyers, including information on avoiding conflicts of interest. According to “ABA Formal Opinion 88-356 – Temporary Lawyers”, the analysis of whether conflicts are imputed as between a freelance lawyer and a hiring firm turns on whether the freelance lawyer is deemed to be “associated” with the hiring firm. The most important factor to determine “association” is whether the freelance lawyer has access to information related to the representation of firm clients other than the client on whose matters the freelance lawyer is working. Courts in Canada have also confirmed the presumption of imputed knowledge between partners and associates at the same firm[3] and where lawyers work in “association” but hold themselves out to the public as a law firm (without taking the required steps to inform the public that the lawyers have separate practices, take proactive steps to avoid conflicts, etc.).[4] Neither of these situations apply where the freelance lawyer is brought on only to work on one particular aspect of a file, under the supervision of the lawyer, works remotely, does not have access to the other files at the firm, does not appear on the firm’s website or letterhead, etc. Best Practices Best practices dictate that freelance lawyers should only have access to the file or files they are assisting with or only the documents necessary for completion of the agreed upon projects. The freelance lawyer should not have access to any other files belonging to the outsourcing law firm. By limiting access to only the documents needed for the task at hand, the freelance lawyer is denied access to files that could create an association or potential for conflicts. Fortunately, technology is available for file sharing or remote access to only specific files or documents. Freelance lawyers should also have a freelance lawyer agreement in place outlining the specific duration of the project and scope of work and clarifying that the freelance lawyer is an independent contractor and not practicing in association with the firm. What about Flex Legal? Does it check for conflicts? Flex Legal is not a law firm and is not retained on any of the projects, nor is anyone who manages Flex. While Flex works closely with lawyers or law firms who hire our freelance lawyers to ensure quality control and satisfaction with the work produced, Flex does not have access to any of the confidential documents, information, or work products. This eliminates the potential for conflicts of interest to arise. Hope this helps clarify any questions you may have about conflicts of interest and freelance lawyering. If not, please feel free to contact us! [1] See “Tips for Hiring a Contract Lawyer”, Law Society of Ontario website: https://lso.ca/getdoc/ab5868f6-8b2b-424f-b4d0-42d7063b004b/tips-for-hiring-a-contract-lawyer-or-paralegal [2] See https://lso.ca/getdoc/d528d5ae-10c1-4f2c-8650-5b32c8c91417/ethical-issues-and-practice-management [3] MacDonald Estate v. Martin, [1990] 3 SCR at 1235. [4] Jajj v 100337 Canada Ltd 2013 ONSC 5743, Performance Diversified Fund v Flation GP Group, 2016 ONSC 1133 (DIv Ct). Note: This article provides an overview only for informational purposes and does not constitute legal advice. Photo by Andrew Pons on Unsplash Flex is thrilled to announce Erin Cowling's appointment as Regional Alumni Advisor (Toronto) for the University of Ottawa's Faculty of Law (Common Law). Through this role Erin will serve the Common Law alumni community in Toronto and support recent graduates through the provision of confidential workplace and career advice and alumni outreach.
See the announcements in Precedent A-List and The Lawyer's Daily.  It is awards season for lawyers, which means there are a lot of upcoming social and networking events to attend in Toronto, Ottawa, and London!
We've compiled a list to help you build your personal network and find potential referral sources: MAY 1, 2019 – OTTAWA – OBA Young Lawyers Division. A Springtime Evening with The Honourable Justice Malcom Rowe of the Supreme Court of Canada. The Rideau Club. 5:00pm Registration. CBA Member $35.00. Non-Member $45.00 MAY 1, 2019 – TORONTO – Women’s Law Association of Ontario – Articling Chapter. Champagne & Shop. The Hudson’s Bay 176 Yonge Street. 6:00pm-9:00pm. Articling Students and WLAO Members $30.00. Non-Members $40.00. MAY 2, 2019 – TORONTO -Toronto Lawyers Association – 7th Annual Bench & Bar Young Lawyers Soiree. TLA Lawyers Lounge, 2nd Floor, 361 University. 5:00pm Registration. 5:30pm-7:30pm. This event is for lawyers called to the Bar in the past 10 years as well as articling students and law students. Members and Judiciary FREE. Non-Members $20.00 MAY 2, 2019 – LONDON – The Advocates’ Society London Pub Night. 5:30pm. The Squire Pub and Grill. This event is open to members, non-member lawyers and law school and articling students. FREE. Your business card is your ticket. Register online. MAY 14, 2019 – TORONTO – OBA Class Actions Section Spring Social. PwC Canada 18 York Street, Suite 2600. 6:00pm - 8:00pm. FREE. MAY 14, 2019 – OTTAWA – The Advocates’ Society - The John P. Nelligan Award for Excellence in Advocacy 2019 – Shaw Centre, Ottawa. 6:00pm-10:00pm. $135.00 (members and non-members welcomed). MAY 14, 2019 – TORONTO – The Advocates’ Society Annual Family Law Bench and Bar Reception. 2700 – 250 Yonge Street. 5:30pm Registration. FREE for members. $20.00 for non-members. MAY 15, 2019 – TORONTO – OBA Award of Excellence in Insurance Law. Omni King Edward Hotel. 5:30pm-9:00pm. CBA Member $175. Non-Member $195. MAY 15, 2019 – TORONTO – OBA – Young Lawyers Gala. Gardiner Museum. 6:00pm-10:00pm. CBA Member $80.00. CBA Student Member $55.00. Non-Member $100. MAY 16, 2019 – TORONTO – OBA Women Lawyers Forum Award of Excellence in the Promotion of Women’s Equality Award Winner: Lynn McGrade. 20 Toronto Street. 5:30pm Registration. 6:00pm Dinner & Award. CBA Member $100, CBA Student Member $50, Non-Member $140. MAY 22, 2019 – TORONTO – The Advocates’ Society – Toronto Mentoring Dinner Series (Speed Mentoring). 2700-250 Yonge Street. 6:00pm-8:30pm. Members $75.00. Non-Members $95.00. MAY 29, 2019 – TORONTO – OBA Award of Excellence in Constitutional, Civil Liberties and Human Rights Law. 20 Toronto Street. 5:00pm Registration. CBA Member $65.00. CBA Student Member $40.00. Non-Member $95.00. MAY 30, 2019 – OTTAWA – County of Carleton Law Association. Spring Fling Social. 4:30pm. Geneva Room, Knox Presbyterian Church, 120 Lisgar. JUNE 4, 2019 – TORONTO – OBA Award of Excellence in Trusts and Estates Law. Four Seasons Hotel. 5:30pm Registration. CBA Member $140.00 Non-Member $170.00. JUNE 6, 2019 – TORONTO – OBA Health Law Section Year-End Dinner and Award Presentation. 20 Toronto Street. 5:30pm Registration. CBA Member $95.00. CBA Student Member $45.00. Non-Member $145.00. JUNE 12, 2019 – TORONTO – WLAO Annual Awards Gala. Rosewater Room. 17 Toronto Street. 6:00pm Reception followed by dinner. Member $110.00. Non-Member $125.00. Student $95.00. JUNE 13, 2019 – TORONTO – OBA Award of Excellence in Pensions & Benefits. Cluny Bistro, Distillery District. 5:30pm Registration. CBA Member $155. Non-Member $170. JUNE 20, 2019 – TORONTO – The Advocates’ Society End of Term Dinner. Metro Toronto Convention Centre, North Building. 5:30pm Registration. Members Only. $275.00. Know of any other upcoming social or networking events? Let us know! And we hope to see you at some of these events soon. (Please double-check dates/times/location/prices directly on the associations' websites as this information may change).  This is the first article in our series “The Ethics of Freelance Lawyering”. The series will focus on the common questions we receive from lawyers or law firms looking to outsource their legal work. This post looks at maintaining confidentiality when freelancing.
How do freelance lawyers maintain their duty of confidentiality? In Ontario, Rule 3.3-1 of the Rules of Professional Conduct sets out the duty of confidentiality. This means a lawyer at all times must: hold in strict confidence all information concerning the business and affairs of the client acquired in the course of the professional relationship and shall not divulge any such information unless (a) expressly or impliedly authorized by the client; (b) required by law or by order of a tribunal of competent jurisdiction to do so; (c) required to provide the information to the Law Society; or (d) otherwise permitted by the rules. (i.e. justified or permitted disclosure). Each province has a similarly worded rule, as does the Federation of Law Societies of Canada’s Model Code of Professional Conduct. All of Flex’s freelance lawyers who take on legal work are called to the bar in at least one province in Canada and licensed with the law society or regulator of that province. This means that they must abide by any applicable Rules or Code of Professional Conduct. Therefore, they are required to honour their duty of confidentiality, just like any other lawyer. So, in short, they keep the information they receive in strict confidence! As a lawyer who hires a freelance lawyer how do I maintain my duty of confidentiality? Lawyers should obtain consent from their client before disclosing any of their client’s confidential information to a freelance lawyer. Often law firms who use freelance lawyers include a clause in their retainer agreement and explain to their clients that from time to time, in order to keep legal costs down, they may employ the use of a freelance lawyer and that the client consents to their information being disclosed to the freelance lawyer for that purpose. Clients are happy that their lawyers are seeking out ways to minimize their legal fees. They just need to know where their information is going. (If you would like to see a sample clause for your retainer, please contact us.) What about Flex Legal? Flex Legal does not have access to any confidential information or documentation relating to the matters worked on by the freelance lawyers in our network. We only obtain general information from our lawyer clients (i.e. they need assistance with drafting summary judgment motion material or a factum for an interlocutory injunction, etc.) before we match the lawyer client with a freelance lawyer. Make sense? Still have questions? Let us know! Stay tuned for the next post in this series on "Conflicts of Interest". Note: This article provides an overview only and does not constitute legal advice.  Our popular "Lawyers Looking for Leads" list is back!
Generate new business for your law firm with referrals from other lawyers. Build your personal network and find potential referral sources by attending legal events and meeting other lawyers in-person. Too busy to research potential networking events? We’ve done that for you! Below is a list of some networking opportunities coming up for March/April (and a couple in May) (while most CLE/CPD events contain some element of networking, our list focuses on networking-only or mainly social events): MARCH 7, 2019 – OTTAWA – County of Carleton Law Association – Annual General Meeting & Awards Banquet. The Shaw Centre. 5:30pm-9:30pm. Single ticket: $123.89 +HST. Table of 10: $1238.94 + HST. MARCH 21, 2019 – TORONTO - Toronto Lawyers Association / NCA Network – Launch Event at the TLA Lawyers Lounge, 361 University Ave. 5:30pm-7:30pm. NCA Network is a networking group for internationally educated lawyers and students. $20.00 and you must pre-register. MARCH 21, 2019 – TORONTO - The Advocates’ Society – The Young Advocates’ Standing Committee (Lawyers in their first 10 years of practice) – Trivia Challenge for Charity in support of TAS Gives Back at Hot House Restaurant. 6:00pm – 8:30pm. $300 +HST for a team of four. MARCH 21, 2019 – WHITBY – The Ontario Bar Association - Women Lawyers Forum Durham Social at Durham College, Whitby Campus. 5:30pm-8:00pm. $25 + HST or $10 + HST if you are a CBA/OBA Student Member. MARCH 21, 2019 – OTTAWA – County of Carleton Law Association – Women’s Speed Mentoring Event at Ottawa City Hall. 5:30pm-7:30pm. For junior lawyers and new calls. $20.00. MARCH 26, 2019 – OTTAWA – County of Carleton Law Association – LSO East Region Bencher Candidate Meet & Greet at the CCLA, Ottawa Courthouse. 5:00pm-7:30pm. Free, but you must register in advance. MARCH 27, 2019 – TORONTO – The Advocates’ Society – Mid-Career Women’s Social – Lena Restaurant. 6:00pm. Free, but you need to register in advance. MARCH 27, 2019 – TORONTO – Young Women in Law – The 9th Annual Young Women in Law Charity Gala at the Arcadian Court. 6:00pm-10:00pm. $80.00 for members. $95.00 for non-members. MARCH 28, 2019 – TORONTO - Toronto Lawyers Association – LSO Bencher Candidate Meet & Greet – Come network with other lawyers and meet TLA members who are running for Bencher in an informal setting. 5:30pm-7:00pm. Free, but you need to register in advance. MARCH 28, 2019 – VAUGHAN – The Ontario Bar Association – The Young Lawyers’ Uptown Social hosted by the OBA’s Young Lawyers Division. 6:30pm-9:30pm. Free to register, cash bar. APRIL 9, 2019 – TORONTO – The Advocates’ Society – Securities Litigation Reception at The Advocates’ Society Education Centre, 250 Yonge Street. 5:30pm- 7:00pm. $20.00 + HST for Members. $40.00 + HST for non-members. APRIL 10, 2019 – TORONTO – The Advocates’ Society – Wine and Cheese with the Bench – Open to lawyers in their first 10 years of practice at The Advocates’ Society Education Centre, 250 Yonge Street. 5:30pm – 7:30pm. $44.25 + HST. APRIL 10, 2019 – TORONTO – OBA/WLF, CABL, SABA, FACL – Women’s Speed Mentoring: The Track to Success at Bennett Jones LLP. 5:30pm-7:45pm. Save the date – registration details to be posted soon. APRIL 18, 2019 – HAMILTON – The Hamilton Law Association – Annual Dinner at The Art Gallery of Hamilton. Cocktails at 5:30pm. Dinner at 6:00pm. $110.00. APRIL 30, 2019 – TORONTO – The Ontario Bar Association – Dinner with Your Honourable Estates List Judges – OBA Conference Center. 5:30 registration 6:00pm-8:00pm Dinner & Program. $95.00 + HST Members, $45.00 + HST Student Members, and $145.00 for Non-Members. MAY 2, 2019 – TORONTO -Toronto Lawyers Association – 7th Annual Bench & Bar Young Lawyers Soiree. Courthouse Library, 3rd floor, 361 University. 6:30pm-10:30pm. This event is for lawyers called to the Bar in the past 10 years as well as articling students and law students. Save the date, details to be posted soon. MAY 14, 2019 – OTTAWA – The Advocates’ Society - The John P. Nelligan Award for Excellence in Advocacy 2019 – Shaw Centre, Ottawa. 6:00pm-10:00pm. $135 + HST (members and non-members welcomed). Know of any other upcoming social or networking events? Let us know! And we hope to see you at some of these events soon. (Please double-check dates/times/location/prices directly on the associations' websites as this information may change).  Some effort is being made to modernize our courts through a new pilot project launched on February 11, 2019 for all matters on the Commercial List in Toronto.
All parties and counsel will be required to use the assigned “Digital Hearing Workspace” to deliver documents electronically to the judicial officer and other parties or counsel in the matter. If the parties fail to electronically upload documents using the workspace, the presiding judicial official may “address” such failure (no specifics were given as to the consequences of not uploading). What is a Digital Hearing Workspace? It is NOT a court filing service. It is a document sharing service or online document management platform. So, documents shared in the workspace must still be filed in accordance with the Rules of Civil Procedure and applicable practice directions. The pilot is intended to replace electronic delivery by email, USB Key and CD-ROM (people still use those?) The goal for the project is to “make delivering, storing, organizing and retrieving documents filed in Commercial List proceedings easier for the parties, counsel, judicial officials and court staff involved in these matters.” Where do you access the Digital Hearing Workspace? If you are counsel or a self-represented individual, you will be assigned to a Digital Hearing Workspace for your case. You will be sent an email requesting you to register for the workspace. Court staff must approve your registration before you can access it. For step by step instructions on how to access the workspace, upload documents, view documents, etc. see the “Digital Hearing Workspace User Guide”, which has helpful graphics as well. It is important to note that the file name of documents uploaded to the Digital Hearing Workspace must follow the naming convention outline in the “Guide Concerning e-Delivery of Documents in the Ontario Superior Court of Justice”. Once the case has been disposed of by a final decision, the workspace will be closed and users will no longer have access. For more information see the Practice Advisory Concerning Electronic Documents in Commercial List Proceedings, dated February 11, 2019, which supplements the Consolidated Practice Direction Concerning the Commercial List, dated July 1, 2014. Counsel and parties are also advised to review the relevant parts of the Consolidated Provincial Practice Direction and any other applicable Toronto Region-Specific practice directions or guides (this seems like a lot of practice directions to us – one consolidated document/practice direction might work better?) How helpful do you think this pilot project will be? It is great to see some movement toward modernizing our court system. We look forward to more developments in this area. Photo by Andras Vas on Unsplash  It took me a long time to realize that “business development” and “networking” are not dirty or scary words. They are important and essential steps in building a law practice and a personal brand within the legal and non-legal community.
Networking and business development are not about being an aggressive salesperson. Nor do you have to spend thousands of dollars on top advertising spots on TV. It is simply about making yourself and your legal skills available to others through a variety of means. It is about meeting people and making connections. Below, we provide our Top Five Tips on Networking & Business Development for Lawyers: 1. KNOW YOUR TARGET AUDIENCE First, do some groundwork. Who is your target audience or ideal client? Usually, your target audience will be made up of two groups: other lawyers for referrals and your potential clients. For referrals, think about the type of lawyer that might refer work to you. For example, an estate litigator may want to seek out referrals from an estate solicitor. If a dispute arises, the family often turns to the lawyer handling the administration of an estate for a referral to an estate litigator. Make a list of lawyers you already know and assess who might be a good referral source and who you can refer work to. Then ask them out for coffee or reconnect with them. For potential clients, once again think about who and where they are. Family law lawyers have a very large market. Crypto-currency lawyers or entertainment lawyers may have a smaller market. If you have a practice that is accessible and understood by most of the public (family, criminal, real estate) it is easier to market to the general public. However, sometimes clients might not even know they need your expertise. It is your job to explain to them how you can fix their problems. 2. MAKE A LIST OF IN-PERSON NETWORKING OPPORTUNITIES Every month or so, review the upcoming lawyer networking events (not just CPD events, but those that also have a social component) advertised by the Ontario Bar Association, Canadian Bar Association, Toronto Lawyers Association, Law Society of Ontario, The Advocates’ Society, Women Lawyers Association of Ontario, etc. Then, sign up for the ones that a) you think will provide a good return on your investment (hint: If you don’t work at a firm that pays for these events, find the free ones) and b) fits into your busy schedule. If you don’t have time to make this list, check out our curated list of lawyer events in the GTA/Ottawa/Hamilton area that we post every few months. For non-lawyer events targeting direct clients, Google and make a list of events where you can mingle with others than can use your services: local charities, community organizations, local political associations, your kid’s school’s parent council, etc. Try to target one event a month. 3. GET PUBLISHED: TRADITIONAL or SOCIAL MEDIA Not all of us are extroverts who like in-person networking. The good news: you can just as easily develop your brand and network with others through the written word. Consider writing an article for a magazine, law journal, newspaper, your firm’s monthly client newsletter, etc. Anyone reading these articles will see your name and your firm and this will help in keeping you top of mind. Every publication is looking for quality content! Just reach out! But also, write for your target audience. For example, if you are a franchise lawyer, consider writing for Franchise Canada magazine. Not sure about traditional publications? Consider social media. Social media is one big networking cocktail party you can attend in your pajamas and with unwashed hair! Update your LinkedIn profile, reactivate that Twitter account, revise your firm’s Facebook page. The key with social media is to post regularly, post articles or information that is useful to your target audience and engage with others. (Just be mindful of the Rules of Professional Conduct.) Consider blogging. Update your readers on recent developments in the law. Explain legal issues in easy to understand terms. It helps with search engine optimization when you regularly post quality content on your website. Don’t have time to blog or draft articles? Consider outsourcing that work to qualified freelance lawyers/writers. 4. SEEK OUT SPEAKING ENGAGEMENTS While this is not for everyone, consider speaking engagements where you can reach your target audience (either other lawyers or potential clients). How do you get these speaking opportunities? Try asking. Put yourself out there. Approach the different organizations and say, “I have this great 30 min presentation on X law that might be beneficial to your members – do you have any programs coming up?” Once you do a few speaking engagements, you are on people’s radars, and you will be asked to speak again. 5. DON’T GET DISCOURAGED Networking/business development is a marathon and not a sprint. Lawyers often get discouraged when their efforts do not yield immediate results. It would be rare for you to take a potential client out for lunch and be handed a file later that day. Instead plant the seeds (through in-person networking, publishing and speaking engagements) and watch them grow (at their own rate). The more seeds you plant, the more likely something will sprout! These are our top five tips for networking and business development: What works for you? |
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