Offices in Ottawa and Perth
(613) 722-1500

CONTACT US (613) 722-1500

Thrown from a Boat

Thrown from a Boat

By:

Posted August 2, 2019

I have been reflecting on what it is like for our developing lawyers to undertake something, exhilarated and alone, for the first time, such as a motion or trial, negotiating a deal, or closing a commercial transaction.  As in all firms, our young lawyers covet firsts.  Our principals encourage firsts. We all get that. However, what I have been thinking about is that firsts must be managed.

My grandfather used to tell me the way to learn how to swim is to be thrown from a boat.  We have all heard this old saw at one time or another. If as a child I could not wait to learn how to swim, I might have been prepared to be thrown in.  My grandfather might have been ready to throw me in for the same reason. The problem is, if I managed to survive, I doubt I would have learned much about swimming, and certainly nothing about the technique and grace required to swim well, to swim efficiently and effectively, to swim under pressure or, to appreciate swimming.  My first swim might easily have disillusioned me, or even worse, it might have turned me off swimming forever.

Theorists on the subject of change contemplate firsts in reference to a defining moment. A defining moment has been described as “a point in your life when you are urged to make a pivotal decision, or when you experience something that fundamentally changes you” and that has or could have “a transformative effect on our perceptions and behaviors” (Forbes Coaching Council – my emphasis).  It is the transformative effect that is the cautionary tale.  When we introduce younger lawyers to these solo experiences, on behalf of a real client in a real matter, with real consequences for them and for the client, our obligation is to be alive to the fact that the outcome, coupled with the implicit transformative effect, could be either a positive or a negative one for them. We need to judge the opportunity accordingly.

Way back in 1754 Horace Walpole apparently coined the term serendipity, said to have been suggested to him by a fairy tale titled The Three Princes of Serendip, in which the protagonist Serendipians (now Sri Lanka) were always making discoveries by accident or, put loosely, luck. In setting our younger colleagues free, we ought not to be tolerant of accidents, and we cannot rely on luck.

Young lawyers cannot expand their experiences, professionally or otherwise, without firsts.  Nor can their principals necessarily predict what the outcome of a first will be. However, their principals can enhance the likelihood, through adequate training, counselling and mentorship, that a defining moment will be a positive one.

Our younger colleagues need to get wet. But, as Margaret Atwood has written, “Water is patient.” (The Penelopiad)

This blog post was written by K. Scott McLean, General Counsel and Director of Practice Development.  He can be reached at (613) 369-0375 or at scott.mclean@mannlawyers.com.

More Resources

Blog |
Wills, Trusts and Estates
By: 

Posted September 10, 2024

I like to tell the executors of estates (also called estate trustees in Ontario) about kings who behaved badly throughout history.  King Louis XVI held[...]
Blog |
Business Law
By: 

Posted September 3, 2024

The Not-for-Profit Corporations Act (Ontario) or “ONCA” was proclaimed on October 19th, 2021 and provided for a three-year transition period for Ontario not-for-profits to transition[...]
Blog |
Practice Management
By: 

Posted August 28, 2024

The first day as a summer law student can bring a lot of excitement and certainly some nervousness. That was the case for me. Any[...]
Blog |
Wills, Trusts and Estates, Estate Litigation
By: 
Elder abuse, unfortunately, is a common topic of discussion amongst estate practitioners, particularly, financial abuse, the most common form of elder abuse. In broad terms,[...]
Blog |
Real Estate
By: 

Posted August 12, 2024

The Department of Finance Canada announced on July 29, 2024 that as of August 1, 2024 the Federal Government would allow up to 30-year amortizations[...]
Blog |
Employment, Labour, and Human Rights
By: 

Posted August 8, 2024

The office of the Privacy Commissioner of Canada states that “individuals have a right to privacy at work, even if they are on their employer’s[...]
K. Scott McLean

K. Scott McLean

After 43 years of commercial and related litigation experience, I joined Mann Lawyers in 2020 as General Counsel and Director of Practice Management.  While I continue to be involved in complex commercial disputes, providing advocacy support and strategic advice, I am predominantly involved in supporting the development of our lawyers and their practices, including the recruitment and retention of associates, mentorship in enabling our associates to reach their professional goals, and the provision of structured training programs.  In these roles I enjoy the opportunity to reflect and write, under the heading Practice Management, on the importance of supporting junior lawyers. After completing an honours degree at Carleton University in 1973, I completed my law degree at Windsor Law School in 1975 and an M.A. in political studies in 1976.  I was admitted to the Ontario Bar in 1977.  Since 1977, I have appeared at all trial, judicial review and appellate... Read More

Read More About K. Scott McLean

Subscribe to Our Newsletter

"*" indicates required fields

Name*
Consent*
This field is for validation purposes and should be left unchanged.