Kellerman on the Practice of Law


I have had a blessed career. I really have. As I write this, it is 40 years from graduating law school and as a middle class kid growing up in Windsor, Ontario (and staying there for university) I had no idea where this career would take me.

I have met people and gone to places along the way that I really never imagined, a few people in addition to my mother thought that I became a pretty good lawyer. While the jury may still be out on that one, I figure I have learned a few things about the practice of law over that time.

This blog is not about the law per se. There are plenty of other resources for that prepared by people far more qualified than myself. This though is about the practice of law. To my eye, as a profession, we may be falling a bit short on teaching young aspiring lawyers how to actually practice law. I don’t think there is a course in law school on that. This is my own attempt to try to be part of the fix to that. (I don’t like the word “solution” I once hear someone in a meeting years ago use the apparent word “solutionize”).

I would not be sitting here at a keyboard doing this if it were not for the great mentorship and sponsorship I had received along the way from truly great lawyers and business people alike. As I was one late night last week cleaning out my office and uncovering long forgotten hidden treasures (at least to me), it was not the files or transactions that brought a smile to my face (and a tear or two to my eye) but of the people who I have engaged (I like that word) over the years who have influenced and shaped me into the lawyer and person I became. This is in part an homage to them. Thank you.

And now, I hope to give back in some small way by coaching young lawyers (and aspiring industrialists) who may not have yet received what I had received by way of this. This exercise is part of that.

While you may not agree with everything I say, I hope you enjoy the read that in some small way it will help you develop your own uniquely practice and approach. You will let me know.

– Jay C. Kellerman

K-0001 – Be Nice

It is so easy and yet so many people miss the mark on this. Start now. Being nice is not being weak. Lawson Hunter, a former Stikeman Elliott Partner and member of the Order of Canada on his acceptance of the 2016 Chamber’s Lifetime Achievement Award said in part, “It never hurts to be nice to people.”

Over the course of my career, I can count on perhaps three fingers receiving some dispensation from a regulator that I was clearly not entitled to, with a firm warning of course not to ask for it again or to use it a precedent.  Why? I really don’t think it was any great lawyering, but rather just being nice and treating people with respect. As to any matters won (or lost for that matter) in negotiations, that is for the other side to count on. I have no clue.

Be nice to everyone – your colleagues, your juniors, the staff who can make you shine (or not), counsel on the other side of the table, regulators, to say nothing of your friends, family and personal support systems, whether it be your dry cleaner, delivery person or the myriad of other real people you rely upon. It is such a better way to go through life and a career.

Your reputation will indeed proceed you and stick with you forever. Professionally, you will be working with the same people over and over again for much of your career. Believe me. Be nice to them. It will pay back in dividends. 

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