Canadian Lawyer

January 2008

The most widely read magazine for Canadian lawyers

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ASSOCIATES The kind of confidence I get from boxing is not the kind that comes from knowing you can fight and you can beat guys up. It's the confidence that comes from knowing you've pushed yourself and you haven't quit. quit. You always find you can take more than you thought you could." Plus, giving and taking a beating in the ring actually recharges his mind. "It really helps me focus my thoughts. If I'm working on a difficult case and I'm not getting anywhere, I'll leave the office and go to the gym and fight. I'll come back and I'll have new ideas." How do his colleagues react? "At my office there are people who think I'm daft," he laughs. "And there are people who have been very supportive. It's sur- prising. I would have thought the part- ners would be a bit dismayed that one of their associates is taking part in a sport that involves them going out and being punched in the head repeatedly." On Nov. 22, McWhinnie won the heavyweight belt at a charity bout called the White Collar Fight, with the proceeds going to help underprivileged kids par- ticipate in sports. (It's called Athletics For Kids, www.a4k.ca) "The last White Collar Fight raised about $15,000, and the up- coming one is expected to exceed that," he says. "My opponent is a lawyer from Fasken Martineau, which makes for some interesting pre-fight trash-talk: 'You claim to be an expert in personal injury, well I'm gonna make you an expert in being personally injured.' " In the end it took a fourth round to decide the winner in the McWhinnie-Simon Coval matchup. Support staff at his firm had a contest to give McWhinnie a ring name. "For a while I was the Bleeding Barrister," he says. "One suggestion was The Brawler, because I'm not an out-fighter, I'm what you call an in-fighter. I don't have a very good jab, so I have to get in close and hook and hammer." Another suggestion was The Kilted Destroyer, in reference to his Scottish heritage. "I'm absolutely not going to fight in a kilt and blue paint a la Braveheart," he insists. He settled on "The Fever." McWhinnie is an old fashioned gener- al litigator, moving from criminal to civil and even appeal work. "Nothing puts a smile on my face like a good contentious dispute where I go before a judge and argue a difficult point of law or cross- examine a tough witness," he says. "I get grumpy if a few weeks go by and I haven't been in court." His prescription for associate success: Donais. B.•WPTW 12/5/07 10:54 AM Page 1 "There are two things I have learned," he says. "First, you have to enjoy what you're doing. It's almost a cliché, but it's good ad- vice. If you don't like this type of work, it's a job that will consume you and eat you up and make you miserable and stressed. Second, your future career is what you make of it. It's really open to you to go out and get the type of work you want." Finally, he advises, "Never plead guilty. Never quit. Never back down. I can take a black eye every now and again." Offers templates, forms and checklists to help you create a fairness system that helps protect your bottom line This is the first-ever resource to provide a practical guide to dispute resolution in both the union and non-union workplace. It offers quantitative solutions to managing workplace conflict through tools such as the Testing Instrument for Fairness Systems and Fairness Cost Analysis Tool, which allow you to analyze your workplace and create a more effective workplace fairness system. After reviewing this reference, you'll be able to: • uncover workplace conflict • test your present workplace system • define workplace culture • build consensus around change • build an effective workplace conflict management system • ensure the system remains effective • engage unions and the employer to support change • save money by managing workplace conflict better Reduce conflict and protect your bottom line with Workplaces that Work: A Guide to Conflict Management in Union and Non-Union Work Environments Order your copy today! Perfectbound & CD-ROM • 368 pp. • 2006 • $89 P/C 0143010000 • ISBN 0-88804-445-3 CL0108 For a 30-day, no-risk evaluation call: 1 800 263 2037 or 1 800 263 3269 www.canadalawbook.ca Canada Law Book is A Division of The Cartwright Group Ltd. • Free Shipping on pre-paid orders. Prices subject to change without notice, and to applicable taxes. www. C ANADIAN Law ye rmag.com JANU AR Y 2008 17 New! Companion CD-ROM Includes

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