Editor’s Note: This is the latest in an ongoing series of Reflections from senior counsel which this Newsletter has been privileged to run in the 2024-2025 term. Other Reflections pieces may be accessed by logging into the OBA website and following this link.
Getting Good. Getting Known.
Over the course of my career in construction law, I have come to understand this truth: it takes ten years to get good at something, and ten years to earn a good reputation. Importantly, they are not the same ten years. The OBA has generously asked me to reflect on a career in construction law. Whether you are three, thirteen, or thirty years into practice, I hope these reflections offer something useful, on both the practice of law and the life that comes with it.
Years 1-10: Getting Good
After graduating from the University of Western Ontario’s Faculty of Law in 1973, I returned home to Toronto, the city in which I grew up, to article at Woolley Hames Dale & Dingwall. In the fall of 1974, I entered the Bar Admission Course and was called to the Bar in Ontario with Honours in 1975. A freshly minted lawyer, I returned to Woolley Hames Dale & Dingwall as a junior lawyer in the litigation department with an emphasis on construction-related issues.
It was in these early years that I worked with my mentor, the late Bill Dingwall, who was a key contributor to my years of ‘getting good’ and who helped me to gain mastery of my craft. Bill took me under his wing and showed me the ropes.
It may sound simple, but it is foundational: I learned early that hard work and preparation are the keystones from which all good things flow. There are no shortcuts or substitutions for hard work. Put in the time and the effort and do not cheat yourself, your colleagues, or your clients. It is quite literally your obligation and your duty as a lawyer.
My approach was to prepare each matter on the assumption it would proceed to trial. And so, from the jump, I meticulously prepared as though the matter would go the distance to hearing for resolution. As we well know, most matters will settle prior to hearing. However, with my approach, I felt as though I did everything I could, and to the best of my abilities, to be prepared. That preparation was my anchor—it gave me confidence to proceed.
This dedication to hard work and preparation served me well as I honed my skills. It was my skill that earned me a seat at the table. In 1979, I was admitted to the partnership at what was then Woolley Dale & Dingwall, where I remained until 1994. In that time, I became the Administrative Head of the Litigation Department and a member of the Executive Committee; the firm grew from 12 to 80 lawyers. With growth comes change. In 1994, Bill Dingwall and I spun out the Litigation Department and became Dingwall McLauchlin.
Starting in year one and through all the years that Bill and I worked together, first as mentor-mentee and later as business partners and equals, we would sit together long after regular work hours to talk law and life—and drink the occasional Bloody Caesar. Without his devotion, time and willingness to mentor me in both a professional and personal capacity, I would not have had the opportunity to enjoy such a meaningful career and a rich family life.
Years 11-20: Being Known
It has been said that “Civility costs nothing but buys everything.” My own experience has reinforced this many times over. Of late, the concept of civility has received significant attention within the legal profession, mainly that there is not enough of it.
My approach? ABC: Always Be Civil. The construction bar remains a small, but important practice area. Endeavour to build a name and a practice which people remember in a positive way; that you are knowledgeable, do good work, and act fairly and honestly with opposing counsel and clients. In this profession, reputation and credibility arrive by word-of-mouth, not self-promotion.
It has also been said that “It’s not personal, it’s only business.” My own experience would suggest otherwise. Do not conduct yourself in a fashion that might sully your name or slander your reputation. Word gets around quickly and reputations, good or bad, tend to linger. It is not simply business and sometimes you should, in fact, keep it personal.
You cannot have meaningful professional relationships without personal interactions. Embrace and get to know your fellow colleagues and practitioners. Go for lunch, dinner, drinks or coffee. I speak with other senior counsel on a weekly basis, not only about practice and the profession, but life in general. It may be easy to sling mud over email, text or even the phone if you do not know the opposing counsel and will not have to engage them in person; however, if you must see that individual (live, in person and face-to-face), no doubt you will be far more selective in your words and judicious in your conduct.
Take the time to sow the seeds and to water the plants. Make those relationships and connections within the profession and then take the time to cultivate them both. Both your professional and personal lives will be enhanced and enriched.
It was on the foundation of my professional reputation, built steadily over years of practice, relationships, and results, that I had the confidence to open the doors of McLauchlin & Associates in 2002. Since then, I have been fortunate that both my work and that of the firm have been recognized publicly. I view these recognitions not as goals unto themselves, but rather acknowledgements of the rigour, integrity and civility that we have upheld in the practice of law.
Years 20+: Paying it Forward
Now, you have surely surmised that I have been practicing law for more than 20 years. I was in fact called to the bar a whopping 50 years ago. So, what happens after you have gotten good, and have a good reputation? You pay it forward.
For the last 30 years of my career, while Managing Partner of Dingwall McLauchlin, as Counsel at Glaholt & Associates, and then as Principal of McLauchlin & Associates, I have endeavoured to give back to the construction law community. I have taught countless courses and seminars in universities across the country. I have prepared and presented numerous papers and publications on a variety of topics relating the practice of law and the construction industry. I have been involved with many organizations including the Law Society of Upper Canada, the Canadian Bar Association, the American Bar Association, The Advocates’ Society, the Defence Research Institute, the Toronto Construction Association, and I was an Inaugural Fellow, Governor, Past President and currently an Emeritus Fellow of the Canadian College of Construction Lawyers.
However, I find the most satisfaction in mentoring young lawyers.
I believe that you cannot tell a young lawyer what to do, nor should you show them what to do either. Rather, I believe that you need to offer words of advice, share with them best practices, and then point them in the right direction—sometimes with a gentle push and other times with a firm nudge. Get them actively involved in matters and make them think critically about the law as well as strategically and creatively about resolving disputes.
As my mentor, Bill Dingwall, showed me so many years ago, I also believe that mentorship is not strictly professional and extends to personal matters as well. Be there when people need you. The legal profession is demanding and there will be successes, failures, victories and defeats in both your professional and personal life, one inevitably affecting the other. There are many people who were there for me during difficult periods, being bright lights in dark hours. For that, I will be forever grateful.
At the end of the day, it is not about the billable hours, or the degree of success achieved in a particular matter, but rather, it is about shaping the next generation of young lawyers to be great people who contribute meaningfully and lead meaningful lives, both in and outside the office.
Looking Back (and Forward)
Looking back over the decades, I have seen the practice of law evolve. Tools change. The pace changes. Client needs change. But the fundamentals, skill and reputation, do not. They are still earned the same way they always have been: with care, commitment, and character.
In the end, my career has not been defined by milestones alone, but by the people I have met, learned from, and helped along the way. I am grateful to each of them for their support, guidance, and friendship.
Most of all, I want to recognize the many contributions my family has made to this journey. Although my professional career is my own, my accomplishments could not have been possible without their unwavering support. Sheila – my wife, my bride, my partner – without her, none of this would have been possible. Together, we raised three incredible children: Jamie, Andrew, and Kate. They have always been my greatest motivation, and the love and joy they, and now their own families, bring into my life continue to be the most meaningful reward of all.
The line between the personal and professional has never been sharp—and I have come to believe that is a good thing.
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