The following was written by Theodore Rotenberg (formerly of Drudi Alexiou Kuchar LLP, Toronto—now retired):
Be a Professional
We are a profession. Courtesy and doing the right think still matter, and affect our and our profession’s reputation.
Be Non-Monogamous
Being a good lawyer does not require a monogamous relationship to our profession and a life of only billable hours. Having a real life outside the law makes you a better person, and therefore a better lawyer.
Important to Ask Yourself Questions
The most important task of a lawyer, I was told when I articled, consisted of “thinking about the case” , not just doing the mechanics of preparation. The judges who try cases ask themselves “what probably happened?” Asking yourself should be the question you ask at every stage of a case.
This Question in Particular
Never give up” is the credo of excellent counsel. If “thinking about the case” informs you that the case cannot be won, but your client says it should be, then try asking yourself: why are the witnesses mistaken and the documents wrong?
Can You Summarize Your Case?
Can you summarize the case you are dealing with in a few brief sentences? If you cannot, you do not understand it – see paragraphs 3 and 4 above.
Write Concisely
Learn to write concisely. Judges are inundated with documents and information that does not answer their questions. The bench needs and appreciates concise writing. I greatly admire brevity. I rarely managed to write concisely, but I urge everyone to do better than I did.
If You Are a Specialist
If you are fortunate enough to practice in a specialized field, then you still must, by definition, become a better lawyer. Work at it, think about it, and discuss general issues with your colleagues in your area of practice, especially within your section’s programs. You will be surprised by what you learn by asking.
Listening to Others
You will also be surprised by what you learn by listening to other lawyers generally. My best legal education as a young lawyer came from what I heard from other lawyers, especially in the lawyers’ lounge at the courthouse.
Develop a Wide Knowledge
There is no such thing as knowing too much law, especially in fields where you do not practice. Specialization necessarily narrows our focus. A wider knowledge of other legal areas gives you insight and makes you a better lawyer.
Don’t Stop Learning
Finally, never stop learning. We are not just a profession, but a learned profession. Our legal system is an evolving landscape where surprises (pleasant and otherwise) occur continually. This also applies to your personal life – see paragraph 2 above.
Thank You: Theodore Rotenberg, tedrotenberg@gmail.com.
