BENEFITS FOR THE WIDER LEGAL COMMUNITY

T he new intensive program of professional training at the École du Barreau, which is set to take place next August, is attracting a great deal of interest among members of the current legal community … and in the making!

The anticipated benefits for the profession and the market are confirmed as the orientations, contents and modalities of the program are presented to the parties concerned.

 

Law School Director Lise Tremblay Answers Questions from University of Montreal Faculty of Law Students 
Law School Director Lise Tremblay Answers Questions from University of Montreal Faculty of Law Students

Thus, as part of its information campaign on the new program, the director of the Bar School, M e  Lise Tremblay , toured the six law faculties of universities to meet third-year students and the leaders of the student associations.

These meetings made it possible to present the ins and outs of the new program and to answer students' questions.

A video featuring testimonials from law practitioners from law firms, corporations, governments, and the academic community also helped demonstrate to students and future lawyers that the changes made: 1) respond to market needs, such as: they have been expressed through consultations and surveys with members of the School's legal community, academic community and current students; 2) stand out even more from university training by focusing on the development of intellectual skills (know-how) and social skills ("savoir-être"); and 3) enable young professionals in the making to be even better prepared to meet the demands and needs of their future clients and employers,

The questions allowed M e  Tremblay to reaffirm the nature and impact of the changes, and this both for students and for firms and all members of the legal community.

Number of teaching hours

The new intensive program includes the number of hours of training required (approximately 310 hours compared to 340 for the current program), which will be delivered over an intensive period of four months instead of eight. This way of proceeding, according to the experts consulted, allows the student to better concentrate on the subject and facilitates the assimilation of knowledge.

 

The university tour conducted by the director of the École du Barreau allowed students to obtain an answer to their questions 
The university tour conducted by the director of the École du Barreau allowed students to obtain an answer to their questions

The student will be able to choose between the fall session and the winter session. The fact that the program is now offered in intensive form could reduce opportunities for employment during vocational training. In this regard, M e  Tremblay recalled " that the student must give their all for 80 days in order to perform well during a career that can span more than 30 years: the compromise appears to me that reasonable, but the choice remains that of the student. "

Internships

Two courses of the same duration will still be possible, as is currently the case. The dates of the courses are only slightly modified compared to the current situation. As part of the new program, students will be able to begin their internship in January and June, while currently, it is in November and May that begin the internships.

Admission

All eligible students who meet the usual regulatory requirements for admission (diploma, declaration of eligibility pronounced by the Licensing Committee and payment of tuition fees) may begin the intensive program upon leaving the university, after having been the subject of a diagnostic evaluation of their skills.

Diagnostic Evaluation

It is not a condition of admission, but rather a mandatory step in the training process that allows the student and the School to have a portrait of the skills and knowledge that each student possesses. student at his entrance to the School.

This portrait will also allow the student to make a choice regarding his or her training path, whether or not he / she will take the preparatory courses offered by the School.

Preparatory courses

In order to better prepare young legal professionals, the Bar School will offer them an additional training opportunity.

Preparatory courses for vocational training will be given to those who wish, and recommended to some.

Course content

The course content has been reviewed to better respond to current and future market needs. They will be almost entirely focused on the practical development of skills, with particular emphasis on ethics, professional ethics and practice.

Evaluation

The evaluation will be in continuous mode, which is consistent with the competency-based approach and the reality of the legal world. Assessment of competency acquisition will be gradual, through individual and team work, oral and written assessments, and a final exam.

swearing

All students who have successfully completed their professional training program will be sworn in the same calendar year, whether they have registered for the fall or winter semester.

How Lawyers Get Clients

One of the most difficult obstacles to overcome in the legal profession is undoubtedly the development of a clientele. For a young lawyer who starts a career alone, building a clientele can seem like an impossible task.

Of course, there is no magic solution, but there are things. This is what we heard from Michel Mondor, Caroline Haney, Luc Audet, Jean H. Gagnon, Jean-Gilles Boisvert and Jacques Sylvestre Jr.at the symposium entitled "How to develop a practice with SMEs", which was held last December. Although these lawyers work in the field of SMEs, what they had to say applies equally to all areas of law.

Count to 3

First of all, perseverance is certainly the best quality a lawyer who wants to build a clientele. According to M e  Haney, a lawyer gets 80% of its orders after three contacts with the potential customer. But most lawyers give up at third contact! So do not be fooled.

You should not see the time spent with people who do not give a mandate as a waste of time, because you never know what can happen. The important thing is to have continuous personal contacts, said M e  Gagnon. There are even people with whom he has been in contact for over 20 years, and he still has not obtained a mandate!

Choose your camp

Some lawyers develop their practice in all areas of law. Yet we can not be good at everything. We must first determine what area we want to serve. According to M e  Gagnon, " he must learn to put up barriers, delimiting its territory, his playground ." As for him, his market is circumscribed in terms of geographical territory and industry, or even size of industry.

Invest the public square

Then you have to circulate his name, make his skills known. But it's not enough to talk about your skills, but you have to demonstrate them! For example, writing books or articles, giving lectures.

The man who saw the man who saw the bear

However, the most important, according to M e  Gagnon is to serve customers well. A client who has received good service will always come back to his lawyer. Better yet, he will send other clients to his lawyer. According to M e  Gagnon, most customers come from other clients; word of mouth would be the best way to get customers: " Marketing is above all to serve its customers well, because 80% of them are brought by another customer. , the warrants will eventually arrive . "

Good weather, bad weather

And as Michel Mondor, Regional Director, Business Services at the Bank of Montreal puts it : " Just as the banker is accused of offering the umbrella when the weather is nice and removing it when it rains, it's the same with lawyers: your loyalty to your customers will be evaluated in difficult times . "

A bc of fidelity

In this context, emphasize some tips given by M e  Gagnon, that some lawyers would probably interest to practice.

First, remind customers. How many customers complain of never being able to reach their lawyer?

Then, listen to the customer. Some customers sometimes feel they have not had a say. This is their case!

Also, be flexible as to fees. A client who feels he or she has been fooled by his lawyer will not come back, nor will he recommend it to anyone else.

Advise law firms

"To accompany law firms and legal market players in all their projects"
Dominic Jensen knows the profession of lawyer for having first exercised for fifteen years. In his second career as a legal editor and author, he observed and analyzed the practice of the profession in all its facets. Back in the bar, this is the experience that Dominic Jensen brings to his clients as part of his consulting business. Because the law firm is not a company like any other, its approach is fully adapted to the realities and constraints of practicing law.

In 2010, Dominic Jensen publishes the first edition of the book " Law Firm " Editons Dalloz. This is the first time in France that a book analyzes with such rigor all aspects of the strategy and organization of law firms. In two editions, Law Firm has become an essential reference book. The third edition is scheduled for the end of 2015. Dominic Jensen is also scientific director of the journal Dalloz Avocats, to practice and to undertake .

Growth projects, innovation, interprofessionality, ethics
Lawyers want to develop their law firms. The Macron law, technology, the arrival of LegalTech are all factors that upset the legal market. Dominic Jensen assists lawyers and market players in designing and implementing their projects.

Dominic Jensen has developed a method of work that is both fast and efficient. Clearly defined missions and adapted support work guarantee concrete results over time.

Missions
Each mission is tailored to the needs and objectives of the client. A schedule of the conduct of the mission and the modalities of intervention are agreed in advance.

It may happen that the need for outside help is felt without being precisely defined. In this case, Dominic Jensen will accompany the firm to help define its need and guide its strategy to permanently improve the overall operation and performance of the firm.

New business activities of lawyers

The system of incompatibilities has been modified. The lawyer is offered new opportunities to engage in activities that qualify as commercial. The reform is recent but many firms question the impact of this and the way in which the new texts could contribute to an expansion of their activities.

Recall that the decree n ° 2016-882 of June 29th, 2016 brings modifications to article 111 paragraph 3 of the decree of November 27th, 1991 which posed the principle of the incompatibility of the activity of lawyer with a commercial activity. The new text tells us that "the ancillary marketing of goods or services related to the practice of the profession of advocate is authorized" if the goods or services are intended for clients or other members of the profession. the profession ". This provision brings lawyers closer to the accountants who have, over the years, enjoyed the flexibility that lawyers did not have. They have been able to carry on commercial and intermediary activities on an ancillary basis since 2010. They have, for example,

It is interesting to know that the decree almost went much further. The draft did not mention the ancillary nature and merely provided that "The incompatibilities (provided for in the preceding paragraphs) do not prevent the marketing of goods or services related to the exercise of the profession of lawyer and intended for its customers or other members of the profession. "

During the study of the project, the Paris Bar presented a report on May 17, 2016 [1] expressing strong reservations about the term "related". The report explained that "the ancillary activity is that which arises from the principal activity of the lawyer, who remains secondary to it and who is practiced as a lawyer. Connectivity implies a link with the legal profession, but also that it may not be secondary in relation to the latter and may be exercised outside the capacity of lawyer ".

The final text chose to superimpose the two concepts since it allows "the ancillary marketing of goods or services related to the practice of the profession of lawyer if these goods or services are intended for customers or other members of the profession ". During a recent luncheon organized by the Order for the stakeholders of the Entrepreneurial Bar, a colleague wondered with humor if he opened a car dealership to sell cars exclusively to lawyers, would he fulfill the conditions of the accessory and connected?

One of the most delicate issues of these new rules will undoubtedly be the intermediary situation in which the lawyer may be. Intermediation is commercial in nature and the subject has been widely treated in the case of the intermediary lawyer of real estate transactions or agents of athletes or artists. But the business lawyer, by his exposure to a large number of situations, people and businesses. is ideally placed to connect customers with sellers, buyers or business partners. The conditions in which firms can professionalize and make profitable the intermediation without leaving their independence promise us rich debates.