what a great debate!
part of what lawyer needs to do is not just assist client in navigating
the negotiation shoals and reefs, but also provide them with solid legal
advice about their rights and responsibilities under the laws of the
jurisdiction - it is a key underpinning of the enforceability of
whatever the parties build
solid legal advice about the range of possible and likely outcomes by
the "legal model" or "what they might expect if they went to court" is
hard to do when you are green, because you haven't been down to case
conferences, settlement conferences, and buiding and defending and
attacking legal positions too much yet
is the lawyer riding shotgun on the newbie collaborative cases,
providing guidance and support to the newbie going to give the legal
advice? doubt it. real legal liability flows from that advice - we are
on the hook for that - client's pay us well and rightly expect us to be
accurate
I also think many have overstated the effect of a young lawyer learning
the litigation ropes. learning how to interpret facts, find and apply
the law, be an advocate, and construct positions and arguments and deal
with other lawyers is a learned behaviour but not one that ruins an
individual forever. it can comfortably reside beside more holistic
modalities (at least it does in me). I have strong preferences for what
I like to do, but I can do either according to what the client's
circumstances require
so as much as I intellectually buy into the "no experience requirement"
line of thinking I think I have come full circle and think a short
experiential requirement is a positive to ensure that collaborative
clients get a great look at their "law model / legal advice" world -
even if they decide to choose all or none of it!!
as they say: in theory, there is no difference between practice and
theory, in practice, there is
Cheers, Chris
Christopher Arnold . Partner . (613) 722-1500 ext. 228
Mann & Partners, LLP . Suite 612, 1600 Scott Street . Ottawa . Ontario .
Canada . K1Y 4N7 . Fax: (613) 722-7677
<http://www.mannlawyers.com/> www.mannlawyers.com
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