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-0009 – The Black Book

Detail, anticipation and organization is more than just listening to Max insisting on taking napkins along with pizza to a hungry hoard at a bar (K-0007). It is in my mind the approach to the entire practice of law, wherever and however one practices law.

In the 1980s, there of course were no smartphones and a precursor, the palm pilot (of blessed memory) was not even yet invented.

My “go to” was a very small note binder with alpha dividers that I used as an address book together with the annual Canadian Bar Associaton pocket calendar. To this day, it remains the greatest thing the organization ever did for me.

Who I learned this all from was of course none other than (again) Stephen R. Coxford (K-0003).

Steve had taught me to keep track of people’s phone numbers alphabetically by company (not last name) and only in pencil. People move of course.

Within the “H” tab, I had developed over the years a pretty impressive list of direct dial numbers for hotels around the world. Hey, this was before the Google and a mobile phone. If someone was travelling to, say Hong Kong, there was a pretty good bet they were going to stay at the same hotel they had stayed at the last time. And if you needed to find them, you had to find them. And under “M” I had a notation fo the “Map Guy” who could create the maps needed showing mining properties in a prospectus.

On the last page of my beloved black book (which I still have – picture attached) I wrote notes to myself of things to always keep in mind. I have over the years pulled out the black book and shared my now barely legible notes (pencil of course) to any number of students and young lawyers. The notes include the following:
• Pay attention to the detail
• Read the boiler plate. It is often wrong
• Anticipate what will happen or what needs to happen next
• Have zero expectations of being congratulated but enjoy it when it happens
• Spell people’s names correctly. It is often the only thing in a document they may very well read
• When you have a point to make, make it.
• Shine

Use these or create your own and put them in your own black book or computer file, but keep going back to them. They will guide you through your entire career.

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