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-0006 – Expectations of General Counsel

A number of years ago, Brian Rose, a then senior Partner at Stikeman Elliott, and I hosted Maura Lendon, the COO of Greenlane Renewables (TSX), at our office for a conversation with a number of our associates. At the time, Maura was General Counsel of a TSX listed mining company, Primaro Mining Corp. and she spoke to the group of her expectations of her legal advisors. What follows are her words, not mine. They resonate today with me as much as they did when she spoke them. They are simple and clear and I am guessing (we will see) that there will be violent agreement amongst General Counsel as to their application.


Read them and heed them.


The Things I expect from Counsel – By Maura Lendon

1. Communication, communication, communication.
2. If my counsel realizes an issue is much more complex than we first thought, I expect to be briefed on it before counsel delves into complex and costly pursuits.
3. Though I know my business and my industry, I expect my counsel to be even more plugged into the latest in terms of deal nuances, terms and conditions, fine points, regulatory changes and use them to my strategic advantage in a negotiation.
4. I expect my counsel to have a general understanding of our business and what our concerns are and provide me with unsolicited thoughts that might advance our interests or mitigate our risks. I expect counsel to “get” our business and provide context-savvy advice.
5. I prefer files to be staffed tightly with the Firm. The smallest appropriate team is the best – and to work as a team, not a bunch of sole practitioners.
6. I expect counsel to focus on solutions to issues, not get caught up in their complexity or pursue issues that are interesting but do not add value. I appreciate elegant, effective solutions.
7. I want to be asked at the end of a file/transaction how the Firm did and I will give honest and proper feedback. I expect counsel to always consider how they can be more effective/provide better counsel efficiently.
8. Remember, you are an ambassador to my Company.
9. Refer to Expectation No. 1