Flex Legal's Founder & CEO, Erin Cowling, was recently interviewed by Sara Collin of Best Lawyers for an article on gender equality in law.

​You can read the full article and Erin's comments on pay equity and diversity in law here: "Canadian Women in the Legal Profession From Non-'Persons' to Chief Justices"

If you’ve been a lawyer for any length of time, you’ve likely had a client or two (or more) that have questioned or refused to pay your invoice. Sometimes it feels like it’s just the cost of doing business as a lawyer, BUT it doesn’t have to be. There are several steps you can take to increase your chances of getting paid: 

1) Get (and top up) a Retainer & Have a Clear Engagement Letter
The most obvious step is to obtain an up-front retainer fee for your trust account and keep it topped up. If they can’t pay a retainer fee now, it is unlikely they can pay your bill down the road. If you work with flat fees, get full payment up front if you can. Also, have a clear engagement letter setting out your fees and the client’s agreement to pay them.

2) Don’t Ignore Red Flags 
Sometimes you get signs that a new client may not be the type to pay. For example, they question your hourly rate from the start and try to negotiate your rate down; they tell you not to spend a lot of time on something; they phone you and keep you on the phone for an hour but then ask you not to charge for the call; they left their previous lawyer because “She was charging way too much for what she was doing”, etc. Don’t ignore your Spidey-senses. While some of these clients might be struggling financial and are simply cost conscious (and you may be willing to give discounts or offer payment plans), others, are the type who enjoy trying to get things for free in life and don’t respect your knowledge and the value of your education and experience. Listen to your gut. 

3) Manage Expectations
Managing your clients’ expectations is one of the most important things you can do to ensure you get paid. When you are preparing to send out an invoice, ask yourself, “Is my client expecting this? Or, will they be surprised?” Hint: They should never be surprised! 

While ideally all lawyers would charge flat fees and there would be no surprises, not all practices can work that way. Clients tend to get caught up on lawyers’ hourly rates, but they should really be focused on the overall costs. While it can be hard to accurately estimate your legal fees if you charge an hourly rate, you should be giving a ballpark figure for each step of the file. My philosophy is to err on the side of estimating high.  

Also, sometimes clients have the means to pay, but they are hesitant or are avoiding payment because they are not happy about the work completed, or the lack of progress on a file, or because you did not return a phone call. If a client is late in paying perhaps pick up the phone and see if everything is okay or if there was simply a miscommunication. And make sure you are sending regular status reports, so the client knows about the progress you are making. 

4) Make Your Invoices Easy to Understand & Easy to Pay
Your invoice is your way of communicating your value to your client. Do not just write “For Legal Services Rendered” and then $25,000.00. What did you do to assist this person and help them with their problem? How has their life improved because of what you did? Or, what have you helped them avoid? 

Your docket entries should be clear about the value you are bringing to the table. Did you stay up all night preparing an oral argument that won them their case? Did the other side send over a 20-page email with several attachments you had to review? Make that clear, and don’t just write “Read email” or the client may be wondering why you charged for 45 mins to read one email. 

Make your invoice easy to pay as well. Put clear instructions on how to pay on the invoice, plus offer convenient payment options such as e-transfer or by credit card. 

5) Bill Regularly & Consistently (& after a Win)
Sometimes clients would love to pay you, but they can’t, because you haven’t sent your invoice. Psychologically it is easier to pay small monthly bills rather than one large bill for many months of work (and you will get paid faster). Won a big motion for the client? Send your bill while they are still happy with your performance. 

Overall, the key to getting paid, and getting paid promptly, is to take your lawyer hat off and put yourself into your client’s shoes. Pretend you’ve never worked with a lawyer before. What would you want to know about your lawyer’s bills and fees? What would make you annoyed? What would you want your invoices to look like? What questions would you have? 

What tips do you have to get paid? Let us know!

Is the day almost here when we can go to networking events in person???

Maybe. 

And maybe that's why there are so few online events this summer, I think we have just had enough of Zoom.

Nevertheless, below is our usual list of online networking events for lawyers and we will add to it if/when new events come out:

July 27, 2021 - 7:00pm - The Ontario Bar Association's online "Cheese & Beer Tasting (alcoholic & non-alcoholic)" with a presentation by a Cheese Master! $120 (includes shipping, HST, three beverages, crackers & cheese). MUST REGISTER BEFORE JULY 12th at NOON. 

August 26, 2021 - 7:00pm - The Ontario Bar Association's online "Mock Trial Mock-Tails: An Evening with Friends & Colleagues from your Legal Community" Registration Fee: $25.00 (+HST)

​Know of any other upcoming virtual social or networking events for lawyers?
​Let us know! And we hope to "see" you at some of these events soon.

(Please double check dates/times/prices directly on the associations’ websites as this information may change).

For several reasons, including rising legal costs and lack of access to justice, many Canadians do not seek out lawyers to help with their legal issues. In fact, 80% of the legal needs of Canadians are not served by the traditional approach used by lawyers.  

Earlier this year, the Law Society of Ontario Convocation took one step to address this issue by approving a five-year regulatory pilot which will allow any individual or entity (does not need to be a lawyer or paralegal) to apply to be part of a “Regulatory Sandbox for Innovative Technological Legal Services”. Once approved by the LSO, the participants in the program will be able to provide “innovative technological legal services” under the supervision of the LSO for a period of generally two years. This pilot program is important because it means that “non-lawyers” will be able to provide legal services to the public, something that has, up until now, only been reserved for licensees (lawyers and paralegals).

While it is unclear what type of programs or technological tools might be available to the public under this program, they could be similar to the legal tech services already available to lawyers and law firms, such as technology that analyzes or drafts contracts, legal research memos, wills or other testamentary documents, or perhaps analyzes case outcomes or predicts damages awards, etc.

The LSO anticipates opening the program to applicants in October 2021. It will be interesting to see who applies. Meanwhile, the LSO has just published the job posting for the manager of the regulatory sandbox, in case you are interested in applying!

Some feel that regulatory sandboxes are a good way to move legal innovation forward. However, others think it is not going far enough and want the LSO to stay out of regulating legal innovation all together.
​
What are your thoughts? Let us know!

You can read more about it the pilot program here.

Our curated list of upcoming networking events for lawyers for May and June 2021 is now ready!

It’s time to connect online with other lawyers to socialize, build your network, and meet potential referral sources.  Take advantage of the chat function and the breakout rooms to meet someone new and make sure to follow-up after the event!


May 4, 2021 – 5:00pm – 6:15pm (PT) – The Advocates’ Society BC Class Actions “Bench & Bar” Virtual Online Reception TAS/CBABC Members: FREE, Non-Members: $25 +tax

May 13, 2021 – 7:30pm-9:00pm (ET) – The Advocates’ Society Battle for Canada: Young Advocates’ National Trivia Night – For Members Only - Lawyers under 10 years of call, law school and articling students. FREE

May 15, 2021 – 10:00am-12:00pm (ET) Ontario Bar Association Family Paint Event $75 per person (and includes paint kit delivery to your door).

May 26, 2021 – 7:00pm (ET) Women’s Law Association of Ontario: Book Club. Members Only. FREE Event.

May 27, 2021 – 5:30pm – 6:30pm (ET) – The Advocates’ Society – Mix & Mingle with the Securities Litigation Practice Group – TAS Members: FREE, Non-Members: $25 + tax

June 17, 2021 – 5:30pm – 8:30pm (ET) – The Advocates’ Society - End of Term 2021 – Registration details coming soon. 

Know of any other upcoming virtual social or networking events for lawyers?
​Let us know! And we hope to "see" you at some of these events soon.

(Please double check dates/times/prices directly on the associations’ websites as this information may change).

Photo by Tima Miroshnichenko from Pexels

It’s one of those days.

It’s 6:30pm, you’ve worked all day, and you have not checked off one single item on your already too long “To-Do List”.

Where did the day go?

It was filled with “stuff” preventing you from finishing what needs to be finished.  
​
You know you need help, but you do not want the headache and overhead costs that comes with hiring a full-time associate.  

So, you just keep doing the work yourself. . . . . And losing more and more of your personal time.

We’ve been there. We understand.

And, that’s why our freelance lawyers can help you get out of this rut!

We can give you the experienced legal assistance you need, without the long-term commitment of a full-time employee.

Flex Legal’s freelance lawyers were all trained at top firms or in-house legal departments across Canada. They’ve all practiced as “real” lawyers (on average 5-10 years) before starting freelance practices. They know the stresses of running a practice, dealing with clients, staff, the court, opposing counsel, IT problems, and countless other issues that can interrupt your day.

And those years of experience do not come with a hefty price tag. Freelance lawyers have lower overhead costs, which results in below market rates. Hiring lawyers can then bill out the freelance lawyer's time at reasonable market rates to their clients.

Hiring a freelance lawyer on an as-needed basis allows you to:
​

• Delegate work that you do not want to do.  Stop procrastinating and avoiding that work that just doesn't interest you anymore. Give it to us and cross it off your list. This can be anything from legal research to court appearances to contract review to drafting claims or affidavits. We can help with all aspects of a file.

 

• Find help when there is a surge in work. When a normal work week quickly turns into a week from hell, we can step in and take a few tasks off your hands to alleviate stress and help you avoid those late nights. 

 

• Meet the client deadlines you promised to meet. Clients can be demanding. We can help you meet those demands by working behind the scenes to complete those promised documents. Keep your clients happy and never miss a deadline again. Clients always appreciate a quick turnaround and excellent customer service.

 

• Work on the important, but often pushed aside, non-billable work. Was your last firm blog post written in 2016? Are those client newsletters slipping off your radar? Have a conference paper you promised to draft? Delegate those non-billable tasks to our freelance lawyers so you no longer have to spend mental energy thinking about (and avoiding) them.

​Have a few items on your to-do list you want to check off? Reach out and start delegating now.
​
Then take that afternoon off and relax.

Flex's founder, Erin Cowling, was a guest on Catherine Shearer's Happy Lawyer podcast.

On the episode, Erin and Catherine talk about:​
· Erin's journey from big law to unemployment to becoming a freelance lawyer and creating Flex Legal
· Lawyer struggles with mental health
· The importance of finding your values
· Identifying what isn’t working in your career
· The importance of creating a network
· How to make networking less daunting & more fun

You can listen to the episode HERE.

​Our curated list of upcoming networking events for lawyers for March and April 2021 is now ready!

It’s time to connect online with other lawyers to socialize, build your network, and meet potential referral sources.  Take advantage of the chat function and the breakout rooms to meet someone new and make sure to follow-up after the event! 
 

​March 3, 2021 – 7:00pm-8:00pm – The Ontario Bar Association Mock-Trial Mocktails Networking Event. Registration Fee: $20 + tax. 

March 4, 2021 – 5:00pm – The Advocates’ Society – Mingling with Mediators (with Break Out Rooms and Networking). Members: Free. Non-Members: $25 + tax.

March 4, 2021 – 5:00pm-7:00pm – Count of Carleton Law Association – Women’s Speed Mentoring Event. (break outs in small groups) $20 + tax.

March 11, 2021 - 10:00am-10:45am (Atlantic Time) - CBA Nova Scotia - Virtual Networking for Young Lawyers - Free for CBA NS - Young Lawyer members. [Nova Scotia] 

March 22, 2021 – 5:30pm -7:00pm – The Advocates’ Society – Windsor Virtual Mentoring: Time is on Your Side (networking for Windsor litigators). Members: $10 + tax. Non-Members: $20.00 + tax. [Windsor]

March 23, 2021 – 1:00pm-2:00pm. The Advocates’ Society – “I’ll Take Labour & Employment for $300, Alex” Panel, Breakout Sessions and Networking. Members: Free. Non-Members: $25 + tax.

March 24, 2021 – 7:00pm-7:30pm (casual mingling) 7:30-9:00pm (program). Women’s Law Association of Ontario. WLAO’s Book Club. Registration available shortly.

March 25, 2021 – 8;30pm-9:30pm. Women’s Law Association of Ontario. (Putting Out) Little Fires Everywhere (informal meet up for women lawyers juggling it all with guest speaker). Registration available shortly.

March 31, 2021 – 4:30pm. County Carleton Law Association. Family Law Bar: Virtual Visit East Region (Ottawa & Pembroke). No charge. [Ottawa & Pembroke]

April 7, 2021 – 6:00pm-7:30pm. The Advocates’ Society – Breakout with the Bench (breakout rooms and networking). Members: Free. Non-Members: $25 + tax.

April 8, 2021 – 7:00pm-8:30pm – The Advocates’ Society – Personal Injury & Insurance Escape Room Getaway. Members: $15.00 + tax. Non-Members: $30.00 + tax.

April 12, 2021 – 12:00pm-1:00pm (ET) – The Advocates’ Society – Construction Law: Cross-Country Meet-up (break out rooms & networking). Members: Free. Non-Members: $25 + tax [National]

April 15, 2021 – 8:00pm-9:15pm – The Advocates’ Society – 10+ Standing Committee Quiz Mixer. Open to Members and Non-Members 8-22 years of call. Members: $10 + tax. Non-Members: $20 + tax.

April 29, 2021 – 5:00pm-6:00pm – The Advocates’ Society – The Magic of Coby with the In-House Counsel Practice Group (networking after the online show). Members: Free. Non-Members: $25 + tax.

Know of any other upcoming virtual social or networking events for lawyers? Let us know! And we hope to "see" you at some of these events soon.

(Please double check dates/times/prices directly on the associations’ websites as this information may change).

Want to spark an interesting debate among lawyers?

Just ask lawyers if they think initial consultations with potential clients should be free or not. There seems to be no consensus. We can only conclude that there is no right answer (other than the answer lawyers love to give: “It depends.”)

There are valid reasons to charge, and not to charge, for an initial consultation. In this post, we look at those reasons and how to determine the best choice for you and your legal practice.

Why You Might Want to Offer Free Consultations:

Marketing:
Many lawyers offer free consultations to market their services and to generate leads. Free consultations open the door to potential clients with the theory that the more leads you have, the better chance of finding paying clients. Free consultations are then seen as a cost of doing business.

Standard Practice:
A lawyer may offer free consultations if it is the norm for their practice area or geographic location. For example, personal injury lawyers, or those working on contingency fee arrangements, often offer free consultations. Or, if all the other lawyers in your town offer free consultations it might make sense to follow suit.

Type of Clients:
Who your clients are may also help you decide whether to charge a fee or not. For example, a free initial consultation might be appropriate for legal aid clients. Or perhaps you work with sophisticated clients that have high-volume or high-value legal work. These clients may be interviewing and assessing several lawyers or law firms to find their long-term legal advisor. It would not make sense to charge a fee in this situation.
 
You Are Not Providing Legal Advice:
If the meeting is simply a get to know each other meeting and you are providing generic information (explaining your fees, your experience, how you work in general, etc.) then it may not make sense to charge for your time, especially if you are not providing any advice on the merits of the potential client’s case or legal problem.

Why You Might Want to Charge for Initial Consultations:
​
Too Many “Tire-Kickers”:
Depending on your practice area, sometimes clients like to meet with as many lawyers as possible to seek as much “free” legal information as they can about their case, with no intention of ever hiring a lawyer. Or they like to “kick-the-tires” with several lawyers to see who will tell them what they want to hear. Even worse, some litigants will purposefully consult with a lawyer to conflict that lawyer out of possibly working with an opposing party. If your practice area attracts these types of clients, charging a reasonable fee for a consult will likely act as a gate-keeping function. If the client is willing to pay a fee, it indicates that they are taking their legal matter seriously and are willing to invest in it. Also, if the client is paying for your time, they will respect it. 

You Are Providing Legal Advice:
If you are gathering information from the client and providing an assessment of what your views are on the matter at hand and your opinion on next steps to reach resolution, you are providing value to the client and should be paid. Our knowledge and our experiences are valuable and should not be given away for free.

Steady Flow of Work:
If you are a lawyer that has paying clients turning to you on a regular basis through word of mouth or trusted referral sources, the need to advertise free initial consultations is likely diminished as part of your marketing plan.

Time is Money:
Free consultations may cost you money. Spending 2-3 hours a week offering free consultations to people who do not retain you means you have lost out on 2-3 hours of billable work. If you have the billable work to keep you busy, focus on that.
 
Other Options: Does not Have to be Just “Fee or No Fee”
If you still cannot decide whether to charge a fee or not, there are other options. Some lawyers charge a fee up front for the initial consult and then if they are retained by the client, they offer a credit for that time for future work.

Or a lawyer could offer the first 30 minutes of a consult for free and anything after that will be charged. The lawyer will likely know within the first 30 minutes if this is a client they want to take on or not.  

There is no “one-size-fits-all” solution for dealing with initial consultations. Whether you charge a fee or not is a decision lawyers must make within the context of their own practices.

What works best for your practice? Do you charge an initial consultation fee? Is your time filled with free consultations? Let us know if we can help. Hiring a freelance lawyer or law clerk to assist your practice will give you more time to attend initial consultations. Want to learn more? Start Here.

Networking and making connections is a key aspect of business development for lawyers. We know it is definitely harder to make and maintain those connections in our current world. But there are some alternative ways to keep in touch and one of those ways is through virtual networking events.

We've curated a list of some upcoming events where hopefully you can connect with some other lawyers to build your network and meet potential referral sources.  Take advantage of the chat function and the break out rooms to meet someone new and make sure to follow-up after the event! 

Check out some of the virtual events below:

JANUARY 15, 2021 – 5:00pm – 6:30pm – The Advocates’ Society. Online Cooking Class with Chef Ran Ai. TAS Members: $20.00 + HST. Non-Members: $35.00 + HST

JANUARY 19, 2021 – 6:00pm-7:30pm. The Advocates’ Society. Ottawa Big Mingle. Exclusively for law school, articling, and LPP students, NCA candidates, and judicial law clerks. FREE

JANUARY 26 or 27, 2021 – 5:30pm-7:00pm. The Ontario Bar Association (Women Lawyers Forum & Global Lawyers of Canada). Speed Mentoring Event (two evenings). Members: FREE, Non-Members: $20.00 + Tax.

JANUARY 28, 2021 – 6:30pm-8:30pm. The Ontario Bar Association. Business Law Section Winter Social. Exclusive to OBA Business Law Section Members only: FREE.

JANUARY 28, 2021 – 8:00pm-9:30pm. The Advocates’ Society. National YASC Social: How to Network Online and Build Your Brand (involves a virtual Escape Room). Members: FREE, Non-Members: $10.00 + tax.

FEBRUARY 4, 2021 – 5:30pm. Federation of Asian Canadian Lawyers (FACL) Ontario Chapter. Women Committee’s New Year Social.

FEBRUARY 10, 2021 – 5:30pm-7:00pm. The Advocates’ Society. Virtual Mentoring: Built to Last (speed mentoring event for young advocates). Members: $10.00 + Tax (Members Only event).

FEBRUARY 22, 2021 - 5:00pm-7:00pm. The Ontario Bar Association - Your Virtual Community Block Party to celebrate Black History Month. Free for Members. 

FEBRUARY 25, 2021 – 5:30pm-7:30pm.  The Ontario Bar Association (Women Lawyers Forum & Taxation Law Sections) An Evening of Networking with Prominent Women Tax Lawyers (with CLE/CPD component as well). Member: $99.00, Student Member: $50, Non-Member: $152.00 (discount for group rates)

MARCH 4, 2021 – County of Carleton Law Association. Women’s Speed Mentoring Event. Details to be posted soon. 

Know of any other upcoming virtual social or networking events for lawyers? Let us know! And we hope to "see" you at some of these events soon.

(Please double check dates/times/prices directly on the associations’ websites as this information may change).