Our Take on Things

There is a lot written these days about failure to innovate in business being an invitation to the end of that business. There is a lot of truth in that, but that is not what this Blog is about. This Blog is about Business Law and in particular, Business Litigation. There are many things that are done because we’ve always done them that way and that is not a great reason for us to keep doing them.

I suppose there is a danger this Blog could quickly turn into a Rant. I seem to get more positive comments about my Rants, rather than the “informative” Blogs, so maybe I’ll just let it veer in that direction …. with that in mind, here are some things that need to change:

1. When lawyers, who have been on the file since the law suit started, meet at discovery, pre-trial, etc., there is no need to exchange business cards. All of our information is on the court documents. We’ve usually been in contact for months at that point. Your business card is not identification and it is not needed. When you give it to me in that situation, while I’ll take it, it’s going to be recycled pretty quickly.

2. Assignment Court. This is a step in a lawsuit that needs to be eliminated across the entire province. For non-lawyers, let me explain with this is: it is a day your lawyer goes to Court, must wear Robes (so you cannot send a student, who bills at a lower rate) and agrees with the other lawyer on a date for trial. Thankfully, many jurisdictions in Ontario have procedures in place that let lawyers try to agree on dates ahead of time and avoid Assignment Court, however, many don’t and it’s time to get rid of this expensive step completely.

3. Telling everyone to completely turn cell phones off in Court is not necessary. The reporting equipment has improved. We can leave phones on (on silent mode) while Court is in session. This particularly matters on a “Motions Court” day when a lawyer can be in the Court Room for four to five hours simply waiting to be heard. Let lawyers be productive when there is no reason to stop them from doing so.

4. Having a trial date that is “the week of” needs to end until the R. v. Jordan backup is resolved. That was really technical wasn’t it? Let me explain. R. v. Jordan is a Supreme Court of Canada decision that requires criminal charges to have a trial within two years (I think, I’m not a criminal lawyer, so I could be wrong). This has put a priority on criminal cases being heard. This means that one day civil matters, which are put on a the list to be heard during a specific week are often not heard, because the criminal cases take priority. I recently had one case adjourned for the second time (first from December, now from June) because it was on a list with criminal cases.
This backup is caused in large part because new Judges are not being appointed and we need them desperately.

I’ve got more, but then I’d have to write a Blog about Blogs that are Rants and just go on forever and make the writer sound like an old lady yelling at kids to get off her lawn. So I’ll stop now. You’re welcome.

Inga B. Andriessen JD

I’m not intending to trample any American pride by posting this ode to Canada but honestly, our country is awesome.

As a Business Law firm, we are able to point out when we disagree with the government and no one tramples our right to do this.

As advocates for our clients, we are able to argue before the courts in an environment where we know the judiciary is not corrupt.

As a firm made up of people from many ethnic backgrounds, religions and sexual orientations, we are able to get along and be ourselves without fear of persecution.

As an individual who enjoys wide open spaces, our parks, rivers and lakes are the best place to unwind we could ever ask for.

Oh Canada. You’re awesome !

Inga B. Andriessen JD

Seven years ago, I decided I didn’t like the way I have traditionally answered the question: “What do you do?”    My answer to that point had been “I”m a corporate/commercial lawyer”.

If you were not a lawyer, this response generally led to blank stares and for those brave enough, the follow up question “what is that?”

So, seven years ago I decided to lead with my strength, which is taking complicated issues and making them simple. As a result, I branded our firm Business Lawyers and there have been a lot fewer blank stares.

Corporate/Commercial Law is a technical definition.  It is a Law School definition and one that we boring lawyer types understand – but it does not embrace the energy of what we really do: we’re business lawyers.

Our firm is now made up of Business Litigators and Business Transaction lawyers. I personally litigate about 70% of the time. Harman Toor, will be joining us July 4, 2017 as a litigator and we are really excited to have him start. Murray Brown, our paralegal handles Small Claims matters for our business clients in an efficient and flat fee manner.

As a Business Transaction lawyer, Michelle Eames of our firm advises businesses on all aspects of their work – from start up to wind up and the fun parts in between, including contracts, commercial leasing and corporate wills. For 30% of my time, I handle contracts, leases and Trademark registrations – the building up stuff, instead of the tearing down stuff of litigation .

Everyone in our firm is business focused and excited to work with companies to help them achieve the goals they have set out for themselves. So, looking for a Business Law firm? Look no further, because we’re right here.

Inga B. Andriessen, JD

I hope you were not expecting travel tips when you clicked on the link to this Blog. While I do have some (Curacao for scuba diving, Sun Peaks for downhill skiing) that is not what I want to talk about today. Today we’re talking about how employers handle vacations for their employees.

In Ontario, after working for one year, an employee may take two weeks vacation. In theory, the 4% per paycheque is growing in an account with the employer and when the employee takes that vacation, the 4% fund has the money drawn from it to cover the pay during that time. In reality, many employers allow an employee to continue working and simply pay out the 4%, either each pay cheque or as a lump sum at the end of the year.

Paying employees their money instead of requiring them to take time off is a bad idea. It’s bad for the employee as they do not get a break from work, which can lead to illness, stress and/or boredom. All of the latter items do not lead to productivity for the employer, which is why it is also a bad idea for the employer.

All employers should require that vacation be taken as such and should have rules in place as to how many weeks in advance the vacation must be requested. A smart employer will also have written rules regarding whose requests get priority – trust me, you don’t want to have to “come up” with a reason why Sally gets the vacation time instead of Jane.

Now. For all the talk above about employees, let’s talk about the employers.

Hey, you! The backbone of the Canadian economy. The people who put personal assets on the line to fund the business. The people who stay up at night worrying about the employees: you need a vacation too. A real one. One where you put on a do not disturb bouncer and do not deal with the office.

The business thrives when employers and employees are engaged and motivated to work. We all need to take vacations, so let’s get to it !

Inga B. Andriessen JD

One of the things our firm is great at is helping businesses get paid. By the time we’re involved, it’s usually a litigation matter, however, we like to encourage businesses to take steps to protect themselves before it lands on our desks. This is why we created 30-60-90 Sue® – it’s our program to help you accelerate the collection of your receivables.

Without giving away all of our secrets, I’m happy to highlight a few ways you can do your part to get paid:

1. Get it in writing. If you’re selling a good or service over time, use a contract. If you’re selling something on the spot, provide a receipt.

2. If you are giving terms of payment, follow up immediately the day after those terms expire to see where your payment is.

3. Accept Visa, Direct Deposit and e-transfer: these methods are the path of least resistance for many and help get you paid faster.

4. Sue, particularly if you have a group of customers who know each other and talk to each other. Suing one customer will quickly bring the rest of your receivables into line.

We’re here to help you get paid: reach out if you need more info. Much of what we do collection wise is on a flat fee basis, so you know what your cost is before you take steps.

Inga B. Andriessen JD

Last week I enjoyed the privilege of Judging a High School Mock Trial tournament. I have been doing this for many years and it is a lot of fun. I don’t get paid for it (hence the volunteering part of this Blog post) and as a result I don’t get to bill for the time I’m volunteering and I’m fine with that.

What I’m not fine with is being attacked by a teacher coach, who is presumably being paid to be at the event, particularly when the teacher is upset about constructive criticism given to a team member who ran afoul of the tournament rules.

I’m sure that teacher is not going to read today’s Blog, but other teachers may and all I’m asking is that you appreciate the time that is being given up for the event to take place. You may not like the result. You may not like the feedback, but realize it’s a Mock Trial. There will be a winner and a loser. That is not the Judge’s fault.

No good deed goes unpunished. I’m thinking of adopting that as my new personal mantra.

Regardless, I’ll keep volunteering, because ultimately, it’s about sharing my passion and enthusiasm for the law with students and no cranky teacher is going to take that away.

Inga B. Andriessen JD

Ah, Independent Legal Advice (“ILA”) . That throw away line in many agreements where people sign saying they have had an opportunity to have it, but have chosen not to.

We recently had a great example of the right way to use ILA when we were retained to give ILA to a shareholder on a Shareholder’s Agreement that they had largely drafted on their own. Despite the fact that this shareholder had been the principal instructor to the corporation’s lawyer, and was intimately familiar with most of the terms of the agreement, the corporation’s lawyer still thought it would benefit all of the shareholders to get ILA – not just to waive it as I described in the first line of this Blog.

The shareholder was convinced that ILA would add value even if only to have a fresh set of eyes review the agreement. In our review, we offered more than that; considering various critical events from the shareholder’s individual perspective was very different than the perspective of corporate representative they had while preparing the agreement.

Getting independent legal advice is not cheap, but it is cheaper than being stuck with legal obligations you don’t understand and then have to retain a litigator to handle. If you are entering into an agreement of any significance (including potential future liabilities), you absolutely must have legal counsel review the agreement and confirm that your interests are protected (or that your unprotected interests are known to you). It’s that simple.

Inga B. Andriessen JD

As the person at the firm responsible for hiring at the firm, I see the cycles of hiring in the legal industry up close. Right now, it’s a tough time to be looking for a job as a newly Called lawyer: there are a lot of other newly Called lawyers looking for a job as well.

Having just completed a successful job search for a new associate position, I have some tips to offer to those still looking for positions:

1. Practice your handshake. I encountered both limp (ick) and really strong (ouch ouch ouch) handshakes. By the time you’re a lawyer, I expect you to have the whole handshake thing figured out.

2. Follow directions. Don’t phone me when the job posting says email your resume. You’re not impressing me. You’re annoying me. I’m not going to intentionally hire someone to annoy me.

3. Research the firm you’re applying to. This should go beyond the firm’s website. Do some digging on cases we argued. Show some interest. We know you’re interviewing at other places, but we’d like to feel important while we’re taking the time to interview you.

4. Don’t lie on your resume. A marathon is not a half-marathon. It matters. Seriously.

5. If you’re interested in the position, send a thank-you email for the interview. This matters more than you think. Over 20 years ago I could not decide between two equally fantastic candidates: I hired the one who emailed the thank-you.

6. Be nice to the reception staff. Odds are they have been told to report back first impressions. Make a bad one with reception, no matter how good the interview goes, it’s is still a knock against you.

7. Take heart, it was hard to find a job back in the early 90s too. When I was called to the bar (1993) it took me over three months of searching for a job. I came home particularly disheartened after one interview that was in response to an application for a Litigation Lawyer, which I had understood was to be an employee, but was in fact a situation where two solicitors wanted a litigator to start their own firm and support their litigation needs.

Thankfully, my then boyfriend, now husband of a zillion years, saw that position for the opportunity it was and when I was offered the opportunity, I took it and Andriessen & Associates, Business Lawyers began.

You will find a position or you will create a position for yourself. You cannot control the job market, you can just control how you present yourself to future employers.

You’ve got this !

Inga B. Andriessen JD

There is a sign in front of a cemetery I frequently pass by that says “Free Legal Will Kit – you don’t need a lawyer” outside the gates. I wonder about that cemetery. I wonder if they provide your loved ones with shovels when you pass away and say “have at it”. Then when you don’t dig down the legally required depth, they wait until the funeral is over and charge you to dig a deeper hole properly.

That sign is the legal equivalent to the horrific grave digging scenario I have sarcastically suggested above, but the legal situation is more expensive and possibly more horrific.

“Fill in the blank Wills” do not contemplate your personal situation. These templates also have a lot of room for error. At the time you write the will, you have two children, Jack and Jill and you want to leave your estate to your children (realizing you may have more in the future) so you decide to write out “I leave my estate to my children Jack and Jill.” After you sign the Will, you have a third child and never update your Will. Your third child is now frozen out of your estate.

Another possible scenario is when you use the Will Kit with the legal phrase, “I leave my estate divided equally between my “issue”. You’re not sure what “issue” is and you think you will look dumb if you ask, so you leave it. As in the scenario above, you have three children, Jack, Jill and Jr. and want to leave everything to them.

You pass away. At the funeral a child you never knew you had introduces himself to the rest of your family. That child is your issue. That child now shares equally with Jack, Jill and Jr. and you never meant for that to happen.

The above is just a Will scenario.

Our firm regularly sees problems with contracts, leases and other legal documents that people have put together without understanding them. Using a lawyer does not make you dumb, it makes you informed and it is far less expensive to have a lawyer draft a document that makes sense, than have a lawyer litigate a document that makes no sense.

You need us stinkin’ lawyers.

Inga B. Andriessen JD

You might think this Blog is about the Raptors (I’m still expecting them to pull off a series win and move on) but you would be wrong. This Blog is about the amazing group of people who work at our firm and in particular the Admin Professionals who we celebrate this week.

From the day I started the firm, I always aimed to work with people, not have people work for me. That philosophy has attracted people who are willing to speak their minds, knowing they will be heard, and willing to work hard, while still having a good sense of humour.

Law can be challenging, fast paced and small mistakes can have big consequences. We don’t run on perfection, but we always aim for it and our Admin Staff is incredible.

Thank-you Christine & Sarah for all you do to make our firm work efficiently – you are awesome !

Inga B. Andriessen JD