(The following column contains excerpts from a Globe and Mail article written by my colleague Randy Echlin.)

How you deal with your lawyer will sometimes affect not only the result, but how it's achieved and the eventual cost. Some tips:

• When initially describing a problem to a lawyer, be prepared and organized.
• Tell your lawyer all the facts good and bad.
• Supply copies of documents, statements, receipts or lists if requested, and in a timely fashion.
• Don't make unreasonable demands by calling day and night.
• Be realistic.
• Be prepared to accept bad news and understand that a lawyer is not a miracle worker.
• And show that you appreciate your lawyer's efforts.
• Be ready to describe the facts succinctly. Ask for a legal assessment, then discuss goals and how to get there.

While a lawyer cannot guarantee success, the choice of counsel is very important. With a cost-sensitive, responsive, and creative lawyer, the game plan will probably reach a successful conclusion!

DAMAGES FOR WRONGFUL DISMISSAL EXCEEDS TWO YEAR CAP

In April of 1998, an Ontario Court judge broke through the "informal" two year cap on damages on reasonable notice when he found that 30 months' salary plus benefits was reasonable compensation for an employee who had been wrongfully dismissed.

The 60 year old Chief Executive Officer of a hospital was terminated without cause. He had less than six years on the job, however, he had been lured away from his position at another hospital by a recruiter acting on behalf of his new employer. He had been employed at the previous hospital as its President for 29 years. When he was interviewed, his new employer sought assurances from him that he would not consider early retirement and would continue in the position until age 65.

The Court drew the inference that the employee would not have surrendered his seniority as a 29 year employee to move to a new city and undertake a new job unless he could reasonably expect the job would be available to him and provide economic security to him and his family until his natural retirement at age 65.

The Court held that because of his age and specialized training it would be close to impossible for him to find comparable employment.

"RULE OF THUMB" ABOLISHED BY ONTARIO COURT OF APPEAL

The Ontario Court of Appeal dismissed the idea that there is a general "Rule of Thumb" in wrongful dismissal cases that reasonable notice is to be calculated on the basis of one month's notice for every year of service.

The Court said that the application of the rule suffered from an obvious deficiency: It overemphasized length of service at the expense of other factors such as age, position and the replaceability of the job.

Setting upper limits for certain occupational categories was deemed appropriate, however the only occupational category capped so far is the clerical group (12 months). Technical workers may have a cap also, but we do not yet know what that cap is, although it seems clear that it will likely exceed the clerical group.

Despite absolutely no statistical or social science evidence to support the assumption that people in lower occupational categories have an easier time finding work than those in higher occupational categories, the Court is again emphasizing that the occupation of the employee is an important factor in assessing notice.

THE FUTURE OF RETIREMENT

(The following is an excerpt from Boom, Bust & Echo)

Like the idea of jobs, retirement was a 19 ^th -century invention that is becoming outmoded as the 20 ^th century draws to a close.

Just as young workers should be able to ease their way into the workforce while being trained in their chosen occupations, so older workers should be able to ease their way out while retaining the dignity and sense of self-worth that comes with productive activity.

Sooner or later, demographics will impose a system of gradual retirement as an integral part of a flexible workforce. In an increasingly competitive world, the most knowledgeable and experienced workers are too valuable to be put out to pasture before they are ready. Moreover, as has been well publicized, the ranks of Canadian seniors will begin a period of rapid growth in 2012 when the first baby-boomers turn 65. At that time, compulsory retirement for 65-year-olds will come under increasing attack. In a period of rising life expectancies and in the context of a flexible workforce, it won't make much sense.

The solution is not to do away with mandatory retirement, which is still necessary to open up room at the top for plateaued boomers and create new opportunities for younger workers. Instead, we should permit partial retirement in the context of a flexible workforce. Those in their late 50s could be working four days a week, after working only one day a week by their early 70s. They could start drawing a partial pension at 55 but would not reach full pension eligibility until 75. In this way, they could remain productive members of the workforce into their 70s, gradually retire with dignity, be present to mentor younger workers, and help reduce the pressure on the Canada Pension Plan.

The time for reform is now. The longer we wait, the harder it will be.

EXCERPTS FROM REAL RESUMES AND COVER LETTERS (Fortune Magazine)