Uncensored look at legal practice. Practical tips for networking and business development. Value and Skill development. Mental health pitfalls. #ajsx

1. Presented by:
Ari Singer
asinger@singerkatz.com
*Not Legal Advice
**Not the Singer in Singer Katz
*** I know it’s confusing
2 Sheppard Ave E., Suite 604, Toronto, Ontario M2N 5Y7 | 416 869 0789 | singerkatz.com
UNCENSORED LESSONS ABOUT LAW*
2019 Version…maybe it’s all fixed by the time you read this.

2. Obvious Legal Disclaimer because a lawyer* wrote
this and lawyers have no sense of humour
• I USE HUMOUR BECAUSE LAW HAS A LOT OF NOT FUNNY STUFF.
• THAT’S HOW I DEAL WITH IT. YOU DO YOU.
• THIS ISN’T MANDATORY READING
• ¾ OF MY ATTEMPTS AT JOKES AREN’T FUNNY
• I’M PROBABLY WRONG ABOUT EVERYTHING IN THIS PRESENTATION
• EVERYTHING SHOULD BE READ AS IF I’M MAKING FUN OF MYSELF. BECAUSE I AM
• PS. DON’T DO HUMOUR IN COURT UNLESS YOU ACCEPT THAT IF IT FAILS MISERABLY THEN
YOU MIGHT NOT PASS GO…. IF YOU ACCEPT THAT, THEN GO RIGHT AHEAD.
*At the time of writing….

3. Who am I?
• LAWYER – 10ISH YEARS
• ARTICLED AT A SOLE PRACTITIONER – PRIMARILY PLAINTIFF PERSONAL INJURY
• I WAS PERSONAL ATTACHÉ- I WENT EVERYWHERE AND LEARNED EVERYTHING
• GREAT EXPERIENCE….
FOR ME.
• NOT FOR EVERYONE. FIND WHAT WORKS FOR YOU. TRIAL AND ERROR.
• I’M STILL TRIALING AND ERRORING

4. Who am I?
• I QUIT MY JOB TO BE A CRIMINAL LAWYER FOR A YEAR –
• ON MY OWN, ALMOST AS SOON AS I WAS CALLED
• NOT THE BEST BUSINESS DECISION IN HINDSIGHT (I LEAPT BEFORE LOOKING OK?!)
• I MADE A LOT OF MISTAKES. THOSE LESSONS ARE SOME OF MY MOST VALUABLE
• SPECIALIZED IN MENTAL HEALTH, YOUNG OFFENDERS, AND OTHER LEGAL AID FILES.
• STUFF NO ONE ELSE WANTED
• MAJOR DRUG LORDS AND WHITE COLLAR CRIMINALS DID NOT WANT TO HIRE ME.
• AKA NO CASH RETAINER

5. Who am I?
• CURRENTLY I SPECIALIZE IN CIVIL LITIGATION: INSURANCE COVERAGE DISPUTES, PERSONAL INJURY, DISABILITY,
LIFE INSURANCE ETC.
• ARSON, FLOODS, FRAUD
• CONTRACTUAL INTERPRETATION
• I ENJOY READING STUFF THAT PUTS OTHER PEOPLE TO SLEEP
• I READ A LOT OF LEGISLATION, REGULATIONS, AND INSURANCE CONTRACTS.
• I’M OK AT IT
• I’M STILL CONFUSED 90% OF THE TIME
• ACCIDENTAL OR INTENTIONAL?

6. Who am I?
• ADVOCACY EXPERIENCE: TRIALS, APPEALS, MEDIATIONS, DISCOVERIES, MOTIONS, ETC ETC
• WON SOME, LOST SOME
• I’VE MADE MISTAKES AT ALL COURTS, TRIBUNALS, MEETINGS, DISCOVERIES, HALLWAYS, PHONE CALLS,
EMAILS, INTERVIEWS, MEMOS, CLAIMS, MOTIONS, ARTICLES, HANDSHAKES, LUNCHES, COFFEES, DINNERS,
ATTEMPTS AT DATES, SOCIAL EVENTS….
• MUST BE THE ONLY NON PERFECT PERSON IN LAW
• SOME MISTAKES I COULD’VE EASILY PREVENTED
• OTHERS ONLY IF UNLIMITED RESOURCES
• MOST WERE MINOR…..

7. Kind of obvious and yet….

8. Law is a business
• SOME PEOPLE ARE GOOD AT BUSINESS
• SOME ARE GOOD AT LAW
• VERY FEW ARE GOOD AT BOTH
• EVER WONDER WHY MOST BUSINESSES ARE CALLED “PARTNERSHIPS”?
• FIND A COMPLEMENTARY PARTNER, COLLEAGUE, STAFF MEMBER

9. Law is a business
• THE PRACTICE OF LAW IS TO MAKE MONEY
• EMPLOYEE OR BUSINESS OWNER
• CHANGING THE WORLD IS GREAT
• SO IS HAVING A ROOF, FOOD, NO SCHOOL DEBT
• BUT 99% OF PEOPLE WON’T DO IT FOR FREE

10. Ari’s MBA
• I’LL SAVE YOU 100K AND ALL THOSE SELF-HELP COURSES.
• A GOOD BUSINESS =
MONEY IN - MONEY OUT > PERSONAL EXPENSES
• THAT’S IT!

11. Who gets work?
• PEOPLE WITH VALUE
• SMART BOSSES SEE LONG TERM VALUE
• THEY WILL BUILD YOU, USE YOU, AND KEEP YOU
• THERE ARE LOTS OF BAD BOSSES
• THEY WILL USE AND DISCARD YOU
• THERE ARE ALSO BAD EMPLOYEES

12. Value
• NO VALUE IF YOU DO THE SAME THING AS EVERYONE ELSE
• YOU WILL EVENTUALLY BE REPLACED BY SOMEONE ELSE OR A MACHINE
• PARTNERSHIPS EXIST FOR A REASON! ( I THINK I ALREADY SAID THAT…)
• COMPLEMENT YOUR CO-WORKERS, PARTNERS, COMMUNITY
• ALSO, COMPLIMENT THEM

13. Value
• #1 WAY TO BRING VALUE: MAKE MORE MONEY THAN YOU COST
• FOR YOU, YOUR BOSS, YOUR CLIENTS
• NOT JUST ABOUT CLOSING FILES
• CAN YOU ASSIST OTHER PEOPLE IN MAKING MONEY?

14. VALUE AND PERSPECTIVE
• IF SOMEONE JUST GAVE YOU $50 FOR NO REASON WOULD YOU BE HAPPY?
• BUT THEY MIGHT HAVE GIVEN YOU $100
• WILL YOUR HAPPINESS CHANGE IF YOU KNEW OR DIDN’T KNOW ABOUT THE 100?
• SHOULD IT? WHAT ABOUT A HOMELESS PERSON WHO HAD NO MONEY?
• THIS IS THE HIDDEN PSYCHOLOGY BEHIND BLIND NEGOTIATIONS
• MONEY AND THE AMOUNTS AREN’T EVERYTHING: PERSPECTIVE

15. VALUE AND PERSPECTIVE
• LES MISERABLES: “YOU ARE A THIEF” “I STOLE A LOAF OF BREAD”
• LAW IS A PEOPLE BUSINESS : I HOPE YOU HAVE A PSYCHOLOGY DEGREE
• INCENTIVES AND PUNISHMENTS
• NOT ALWAYS LOGICAL OR ABOUT MONEY
• HAVE TO GIVE LOGICAL LEGAL ADVICE TO SOMEONE NOT INTERESTED IN LOGICAL ANSWERS

16. VALUE AND PERSPECTIVE
• LAWS ARE SUPPOSED TO BE BLACK AND WHITE BUT ARE WRITTEN IN MARTIAN RED.
• PEOPLE ARE MARBLES.
• EVERYTHING IN LIFE IS ABOUT PERSPECTIVE. GOOD, BAD, EVIL, CRIMINAL, RIGHT, WRONG.
• GOOD PEOPLE DO BAD THINGS
• BAD PEOPLE DO BAD THINGS
• LEGAL PROFESSIONALS HELP EVERYONE

17. VALUE AND PERSPECTIVE
• LEGAL PROFESSIONALS CAN CHANGE PEOPLE’S LIVES
• WE PROTECT PEOPLE
• WE HELP THEM
• WE CHANGE THE WORLD
• WE EXPLAIN A COMPLICATED WORLD TO UNCOMPLICATED PEOPLE
…..BUT IT AIN’T EASY

18. YOU SHOULD READ THE NEXT PART
BUT IT ISN’T RAYS OF SUNSHINE

19. REALITY BITES
• LIFE IS NOT DISNEY
• HAPPY ENDINGS? KIND OF LIKE SCORSESE MOVIES
• SOMETIMES A CHOICE BETWEEN TERRIBLE, HORRIBLE, AND “OH GOD NO”
• OUR JOB IS PROVIDE ADVICE AND STRATEGY. SOMETIMES BAD FACTS ARE BAD FACTS
• HANDCUFFS, DRUG ADDICTIONS, MENTAL HEALTH, DEATH, NON COMMUNICATING SIBLINGS… OTHER STUFF
• AND I AM NOT GOING TO MENTION FAMILY LAW
• AND LAWYER SAYING TO 75 YEAR OLD GRANDMOTHER BEING EVICTED WITH NO FAMILY WHO IS DEFRAUDED
OUT OF LIFE SAVINGS: “I CAN’T DO ANYTHING”

20. I don’t do billion-dollar* mergers
• I TELL PEOPLE: “YOU DON’T WANT TO CALL ME.”
• I DON’T DEAL WITH GOOD STUFF:
• I COME IN WHEN SOMEONE’S HOUSE IS ASH OR FLOODED. AND A CLAIM IS DENIED.
• THEY ARE INJURED AND CAN’T WORK AND IT’S NOT THEIR FAULT
• A SLOW COURT SYSTEM FROM THE 1950’S
• EVEN WINNING 100% (IT’S HAPPENED TWICE’ISH….) THEN THEY PAY LAWYERS.
• AND INTEREST THAT WASN’T COVERED BECAUSE LOANS AREN’T ALWAYS RECOVERABLE. NEVER 100%
*If you do, I’m just above begging….

21. Work isn’t everything
• “YES IT IS.” “NO IT ISN’T.” “YES IT IS.” “NO IT ISN’T!, HEY, THIS IS MY PRESENTATION, SHOO!!”
• YOU NEED A LIFE OUTSIDE OF WORK
• OR YOU WON’T HAVE WORK OR A LIFE
• THIS ISN’T A JOKE

22. Work isn’t everything
• IF YOU GET TOO STRESSED YOU’RE NOT A HELP TO ANYONE
• MENTAL HEALTH IS A DISEASE. JUST LIKE THE FLU. OR A BROKEN LEG
• DOES YOUR BOSS WANT YOU AROUND IF YOU HAVE VIO…ERR IF YOU’RE CRAWLING ON THE FLOOR? NO
• YOUR HEALTH IS MORE IMPORTANT THAN ANY CLIENT OR JOB
• MOST LAWYERS DEAL WITH BAD STUFF. CAN’T HELP SOMETIMES.
• COMPASSION FATIGUE IS REAL

23. HOUSTON, WE HAVE A PROBLEM!
• LAW HAS ADDICTION PROBLEMS; STRESS PROBLEMS; ANXIETY PROBLEMS; DEPRESSION PROBLEMS, GENDER
PROBLEMS, RACE PROBLEMS, IMPOSTER SYNDROME PROBLEMS, PERFECTION PROBLEMS
• FAILURE TO ACKNOWLEDGE OUR PROBLEMS, PROBLEMS
•SUICIDE PROBLEMS
• TALK, GET HELP, YOU’RE NEVER ALONE. FRIENDS, FAMILY, HELPLINES, HOSPITALS, EMPLOYEES, BOSSES,
FIREFIGHTERS, BARTENDERS, STRANGERS ON INTERNET.
• ANYONE. CONTACT ME. 24/7
• (SAME FOR NOT DRUNK DRIVING BY THE WAY. DON’T BE A PERSON I SUE)

24. PRACTICAL TIPS

25. “IT’S THE WAY WE’VE ALWAYS DONE IT!”

26. Innovate
• EVOLUTION AND SURVIVAL OF THE FITTEST
• LITERALLY WHAT HUMANS ARE THE BEST AT.
• WE EVOLVED TO THE TOP. DON’T STOP. OR BE PASSED
• EFFICIENCY
• CHANGING WORLD BECAUSE OF TECHNOLOGY
• DISTANCES, SPEED, LANGUAGE DISAPPEARING

27. WHO WILL MAKE MORE MONEY TODAY?
• A LAWYER WITH AN HOURLY RATE OF $700.00?
• A SALES REPRESENTATIVE AT FERRARI CANADA?
• A PARALEGAL WITH AN HOURLY RATE OF $150?
• MAYOR OF TORONTO WHO MAKES $200,000 A YEAR OR $770.00 A WEEKDAY?
• HOURLY RATE ONLY MATTERS IF YOU FILL ALL YOUR HOURS

28. Early Career
• IF YOU HAVE TIME, USE IT. LEARN.
• TAKE THE STUFF NO ONE ELSE WANTS
• MAKE MISTAKES; PLAY UP INEXPERIENCE AND ACCEPT YOUR IGNORANCE.
• ASK FOR HELP. PEOPLE GIVE IT WHEN YOU’RE HUMBLE
• TAKE THE HELP!!!
• SUPPORT STAFF EVERYWHERE ARE THE REAL KNOWLEDGE SOURCES
• BE POLITE.
• DON’T MAKE THE SAME MISTAKES
• DO IT FASTER AND BETTER

29. Practical Tips
• TECHNOLOGY IS STILL UNDER USED AND UNDER APPRECIATED IN THE LEGAL WORLD
• MUST KNOW HOW TO USE TECHNOLOGY
• MS OFFICE OR EQUIVALENT (NOT JUST WORD)
• TAKE A COURSE!
• UNDERSTAND BASICS OF HOW SOFTWARE WORKDS (HOW LOGIC WORKS – TAKE INFO FROM X PUT IN Y)
• CAN’T PROBLEM SOLVE IF DON’T KNOW HOW IT WORKS
• SERVICE CALLS CAN BE EXPENSIVE
• INCOMPETENCE MEANS SOFTWARE COMPANIES HAVE MALE LAWYERS BY THE…..

30. Business Development
• NETWORK NETWORK AND NETWOEK
• DIFFERENT WAYS FOR DIFFERENT PEOPLE
• CHEAPEST WAY TO GET A JOB OR CLIENTS

31. Business Development
• BUSINESS IN UNEXPECTED PLACES
• MUST BE IN UNEXPECTED PLACES
• NO ONE CAN SEE INVISIBILITY. WE’RE NOT ALL DUMBLEDORE
• OR HARRY POTTER AND WE NEED TO MEET PEOPLE!
• EVEN IF YOU HATE IT….SPEAKING FOR SOMEONE ELSE…..

32. PRACTICAL TIPS
• FIND MENTORS
• NETWORK, NETWORK, NETWORK
• STAY UP TO DATE AND LEARN NEW SKILLS.
• FIND RELEVANT CPD THAT YOU FIND INTERESTING, NOT NECESSARILY IN YOUR PRACTICE AREA
• WHY HANG AROUND WITH ALL YOUR DIRECT COMPETITION?
• LIKE HUNTING A SINGLE DEER WITH 100 HUNTERS INSTEAD OF 100 HUNTERS AND 1 DEER.
• OR YOU KNOW, APPLES IF THAT WORKS BETTER FOR YOU.
• NO AREA OF LAW IS ISOLATED – MORE KNOWLEDGE IS ALWAYS GOOD.

33. PRACTICAL TIPS
• JOIN MEMBERSHIPS THAT ADD VALUE (AND/OR ARE PAID FOR). DON’T DO OTHER ONES.
• IF YOU’RE ASLEEP, IT DOESN’T MATTER MUCH.
• SHARE MATERIALS/IDEAS WITH COLLEAGUES

34. Career Skills
• HARD V SOFT / EQ V IQ. BOOK SKILLS V PEOPLE SKILLS
• USE SIMPLE TERMS
• WRITING, READING, MATH, LEGAL SKILLS, SPECIALTY TRAINING, TYPING,
SPEAKING, ETC.
• EMPATHY, COMMUNICATION, ACTIVE LISTENING, COLLABORATION,
LEADERSHIP, TIME MANAGEMENT, FLEXIBILITY, HONESTY, INTEGRITY, EFFORT
• CULTURAL AWARENESS AND LANGUAGES ARE BOTH (IMO)

35. Career Skills
• NETWORK
• NETWORK
• NETWORK
• NETWORK
• NETWORK
• NETWORK
• NETWORK

36. Career Skills
• ATTENTION, TO DETAIL
• PROOF READING
• GRAHMAR;
• ATTENTION.. TO DETAIL!!

37. Career Skills
• WHY DOES ATTENTION TO DETAIL MATTER?
• ASSUME YOUR CLIENT WANTS TO USE INFORMATION FROM A
SURVEY. YOU WANT PERMISSION. SO YOU OFFER AN
INCENTIVE TO MAKE A BINDING CONTRACT.

38. “WE ARE GIVING AWAY $1000 IN STORE
CREDIT IF YOU COMPLETE THIS SURVEY!”
• WE NEED TO KNOW WHAT YOU NEED IN ORDER TO SERVE YOU BETTER AND
YOUR INFORMATION IS VALUABLE. THAT’S WHY WE’RE GIVING AWAY $1000
IN STORE-CREDIT IF YOU COMPLETE THIS SURVEY
• COULD BE A BINDING CONTRACT

39. “WE ARE GIVING AWAY $1000 IN STORE
CREDIT IF YOU COMPLETE THIS SURVEY!”
• UNFORTUNATELY, YOUR CLIENT IS A NEIGHBOURHOOD CONVENIENCE STORE
AND THE GIVEAWAY WAS SUPPOSED TO BE $10.00.

40. Career Killers
• REMEMBER INTEGRITY.
• LEGAL PROFESSIONALS HAVE A LONG MEMORY. CLIENTS
COME AND GO. THE LEGAL COMMUNITY IS SMALLER THAN
YOU THINK.

41. Career Killers (or Not)
• ADMIT WHEN YOU’RE WRONG
• TELL PEOPLE YOU MADE A MISTAKE
• THE EARLIER, THE EASIER TO FIX

42. GATHERING INFORMATION
WHAT ARE YOU TRYING TO DO?

43. BACKGROUND THOUGHT
• “I GOT A TICKET WHEN I WAS PULLED OVER AND DON’T WANT TO PAY THE FINE”
• WHAT DOES YOUR CLIENT WANT?
• IS IT WHAT THE CLIENT NEEDS? IS IT A TICKET OR A SUMMONS? DID THEY
ALREADY PAY IT? DO THE WANT TO APPEAL?
• THEY’RE NOT LAWYERS!
• IS IT A LEGAL REMEDY?

44. BACKGROUND THOUGHT WHEN
GATHERING INFORMATION
• IF NOT, CAN YOU STILL HELP?
• WHAT IS THE SERVICE WORTH (NOW, IN 6 MONTHS, IN 3 YEARS, IN 20 YEARS)?
• TO YOUR CLIENT
• TO YOU
• TO THE OPPOSITION

45. BACKGROUND THOUGHT
• WHAT ARE THE POSSIBILITIES IF YOU WIN?
• WHAT ARE THE POSSIBILITIES IF YOU LOSE?
• BATNA – BEST ALTERNATIVE TO A NEGOTIATED SETTLEMENT.
• WHAT CAN LEGALLY BE DONE?
• WHAT OPTIONS ARE AVAILABLE
• WHY?

46. OUR JOB
• NOT TO MAKE DECISIONS
• PROVIDE ADVICE TO CLIENT
• BASED ON INFORMATION

47. WITNESS EVIDENCE
• WITNESSES DON’T REMEMBER ANYTHING
• SERIOUSLY, OUR MEMORIES ARE TERRIBLE.
• AND WE DON’T REALIZE IT. LOTS OF BOOKS
• NOT NECESSARILY INTENTIONALLY LYING
• CONFIRMATION BIAS

48. PRESENTATION
• KNOW YOUR AUDIENCE
• KNOW YOUR CLIENT
• KNOW THE FORMAT –
• KNOW THE RULES: ADMISSIBILITY OF DISCOVERY V X-EXAM
• TONE, MANNERISMS, STYLE

49. EXAMINATION
• LISTEN TO THE INFORMATION
• REACT TO THE INFORMATION
• DON’T GET STUCK TO A SCRIPT
• BUT GUIDES ARE FINE

50. WITNESS EVIDENCE
• LEADING QUESTIONS
• CROSS-EXAMINATION
• OPEN/CLOSED
• T/FUNNEL

51. WITNESS EVIDENCE
• FIND YOUR STYLE
• PRACTICE, PRACTICE AND PRACTICE
• LEARN FROM MISTAKES
• WATCH OTHERS
• GO TO COURT. BE AMAZED AT GOOD ONES
• BE EVEN MORE AMAZED AT THE BAD ONES.

52. QUESTIONS
SOMETIMES THE SMARTEST THING IS TO NOT ASK ANYTHING

53. WITNESS EVIDENCE
• OBJECTIVE EVIDENCE > ANYTHING ELSE
• CAN STILL BE FAKED
• HAPPENS A LOT

54. YES, THERE ARE STUPID QUESTIONS.
• IF YOU NEVER ASK, YOU’LL NEVER GET AN ANSWER.
• THERE ARE WRONG QUESTIONS, BUT ALSO WRONG ANSWERS.
• YOU WON’T KNOW A QUESTION IS WRONG UNTIL YOU ASK IT.
• SOMEONE WHO THINKS A QUESTION IS WRONG MIGHT BE THE WRONG ONE.
• BUT, KNOW WHEN YOU CAN ASK A STUPID QUESTION

55. • READ AND KNOW THE LAW-AT LEAST A LITTLE, READ THE RULES, BRING THE RULES WITH
YOU.
• IF YOU CAN BRING IN CLIENTS AND/OR BUSINESS, YOU WILL ALWAYS HAVE WORK
• NETWORK, NETWORK NETWORK

56. 2 Sheppard Ave E., Suite 604, Toronto, Ontario M2N 5Y7 | 416 869 0789 | singerkatz.com
THANK YOU!
For Questions, please contact me
Ari Singer (asinger@singerkatz.com)