Realities about the practice of law – The Law

Reading Time: 3 minutes

Published: December 12, 2002

I read in my alumni magazine recently, of an experienced lawyer who had

left that career to go into home renovating. People leaving the

practice of law are not that

uncommon.

I know of lawyers who have become farmers, businesspersons, film makers

and poets.

While there is the public perception that the practice of law is

glamorous and financially rewarding, it also has its stresses,

frustrations and sometimes boredom.

“Frankly, I’m just a glorified paper pusher,” a colleague with some 20

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years of experience told me over lunch the other day. “If I could

figure out something else to do, I would.”

His sentiment is one that I share. Some years ago I decided I wanted

something more of work than processing paper in real

estate transactions, estates and debt collection.

Most cases are not about grand principles of law. They are about

ensuring the proper paperwork is done, dealing with other lawyers and

trying to get a client to be reasonable (yes, you can take

your spouse to court, but think

of the time, emotional and

financial cost.)

“Frankly, I got tired of seeing people fight with each other, often

with no regard for the children,” said another lawyer who spent years

practising family law before leaving practice. She also noted that some

lawyers engage in aggressive tactics that inflame family cases.

This sentiment was echoed in a 1998 federal report on child custody

that noted “many witnesses, including several lawyers, alleged that

some family law lawyers make a practice of escalating the fight between

divorcing parents.”

With a view to reducing the tension in family law disputes, some

lawyers are promoting collaborative law wherein the parties agree to

negotiate their differences and not go to court to settle their

dispute. This helps both clients and lawyers reduce the stress of

family cases.

There is also the business side of law. A law degree is not a guarantee

of prosperity. A newly qualified lawyer who opened up shop by himself

would probably find it slow. Like any other business, simply because

you open your doors doesn’t mean that clients will flock to your office.

There is plenty of competition. Richard Gaasenbeek, a family lawyer

quoted in the report on child custody said, “president Lincoln said

there is nothing more dangerous to society than a hungry lawyer. OK, we

have 25,000 lawyers practising in Ontario, whereas when I started there

were 5,000. The legal problems the public faces have not increased

fivefold. So what we have here is 25,000 hungry lawyers.”

As an alternative to practising on their own, more young graduates seek

positions with large law firms. Large firms are better able to attract

work, particularly corporate work.

However, in such firms your billings become even more important. You

have to jconvince your partners and associates that you have indeed

billed to justify your position and share of the overhead. The pressure

of billing is something one often hears

from lawyers.

Practising law is not a guarantee of riches. Statistics Canada does not

report on incomes of self-employed professionals.

However, my recollection from statistics of some years ago is that

lawyers were below doctors, dentists and accountants in earnings. I

know of lawyers who earned less than teachers and nurses.

Like any other line of work, the practice of law has its pluses and its

negatives. I have found teaching, researching, writing and publishing

about law far more satisfying than the

practice itself.

Don Purich is a former practising lawyer who is now involved in

publishing, teaching and writing about legal issues. His columns are

intended as general advice only. Individuals are encouraged to seek

other opinions and/or personal counsel when dealing with legal matters.

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