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 -0002 – The Voice Function – Use It!

When I first told people about my blog, they asked of course what type of things I would write about. I said without hesitation that the first blog post I was going to write was going to be called Pick up the Phone! As it turns out, I lied. The first blog post was on the importance of  being nice. This is the second in the series. And when I sat down to write it, I realized that Pick up the Phone! may not be specific enough. Everyone is constantly picking up their phones and sometimes it is best (me included for sure) to put down their phone! That is for another day and another blog post.

What I mean to express here quite clearly is to the use the voice function on your device. It is there for a reason, and sometimes I believe that users forget that it is embedded in the technology.  Evolution has not yet removed our ability to verbally communicate, although that may come. While we still have a voice, I humbly suggest that just as you were taught from a very young age, use your voice.

I have often found myself on a seemingly never ending email chain of back and forth where people are not following one another, and confusing the issue at hand. All can be avoided if people (we are all just people) reach out and sort it out quicky and professionally. You cannot convince me that email is always most efficient or subjectively “better”. I have quite literally seen people get physically uncomfortable when I suggest to them that it is far beyond the time to pick up the phone to sort something out. We are losing the skill to communicate orally. Pick up the phone, please.

And return a call as well. Within a few days if not the first day of starting back at Smith Lyons as an associate in 1988, a then young Partner, Steve Coxford came into my office and made it clear that as the junior on the original Franco-Nevada, that were Seymour Schulich or Pierre Lassonde ever to call me and I were to have missed the call, the call would be returned within 30 minutes. Expectation duly made (that is a lesson for another day) and noted. I only had to be told once. This was the time of the pink message slip. Technology may have changed, but the importance of a prompt reply has not.

Most of us enjoy personal interaction and engagement. And as busy as we are (or think we are) engage with your colleagues and clients. What a wonderful way of getting to know one another a bit better than the perfunctory “Trust you had a good weekend” at the beginning of an email.  And maybe, just maybe it will lead to something else, perhaps a conversation about another topic, a  business meal or drink and even more important, a better understanding of the person you are engaging with. Business and professional service, let alone life in general, is all about engagement.

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