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| Harjot Atwal |
Once upon a time, there was a young lawyer who dreamed about “making it big.” He would look out at everything the light touches on a commercial property and think that he would one day be the kingdom’s lawyer. So, he slowly acquired as much commercial real estate law experience as he could at smaller firms, until he finally landed a job as a big-shot commercial real estate lawyer.
Why was he so adamantly passionate about this goal? Was it his desire to learn the complex intricacies of the Planning Act? Probably not. It wasn’t until he asked his new boss when moving from a two-lawyer firm to a 40-lawyer firm, what to read (and he suggested The Law of Subdivision Control in Ontario) that he even recognized the true scope of that statute’s importance. Perhaps he was just used to being recognized as “smart” since he was a kid, and he wanted to be at the top of the class again amongst his colleagues. That probably sounds closer to being right. Arrogance was not unknown to him.
But, was it really just about being an intelligent and knowledgeable lawyer? No. Money. Prestige. Status. That’s what really drove him. There was also this little voice inside his mind, which he didn’t like to acknowledge, that told him these things were required in order to find a suitable life partner and start a family. So, rather than losing the 100-plus pounds he gained in law school and actually trying to find the romance he deeply desired, he toiled and toiled away until he “made it big.”
Now, “making it big” is not always everything it’s cracked up to be. Sure, he really enjoyed learning about commercial real estate law, having mostly focused on the residential side of things up to that point. In fact, his new boss told him he was the only student who had ever asked him what books to read before beginning to work for him. He read that Planning Act book cover-to-cover made notes in the margins, and marked it up with his five-highlighter system (differentiating ratios, facts, definitions and so on).
He would stay late at the office. Regularly until nine or 10 at night. At first, it was just enthusiasm and a desire to learn as much and as quickly as possible. But, this eventually turned into anxiety. Indeed, while his six-month performance review was largely positive, notes for improvement included being “more efficient with your time.” Thankfully, his new boss was accommodating of his late-night habits and would answer his emails well into the evening.
Why was he getting anxious? Well, commercial real estate is significantly more complicated and involves higher stakes than residential real estate. Multi-million-dollar transactions are the norm. Since he didn’t have much experience reading surveys, what if he missed that an access easement had been blocked by a substantial parking ramp resulting in a $150,000 loss, as in Syvan Developments Ltd. v. Ontario (Ministry of Government Services) [2006] O.J. No. 3765?
Or what if he is about to close a deal acting for the vendor in the sale of seven apartment buildings for a purchase price of $228 million, but the seller decides not to close because the real estate market has gone up, and they can achieve a $56 million profit by selling now to a different third party? What if he cannot dissuade the vendor from this course of action, and the buyer decides to sue the seller? What if he is concerned that his legal services and poor advice will be deemed negligent, and he worries about eventually being sued by his client in relation to losses arising from the lawsuit? While the buyer only got $775,855.46 (and not $56 million) for its sunk costs due to the aborted real estate transaction on these facts in Akelius Canada Ltd. v. 2436196 Ontario Inc., 2022 ONCA 259, and the young lawyer never worked on a transaction that large as he was still rather “green,” you may be getting a sense of how his mind can sometimes spiral.
Deep inside, there was also a thought that he could not do this kind of work on his own and that he would be completely lost if he could not rely on his new boss indefinitely to carry him along.
There were other reasons his performance declined, but eventually, he became resigned to the fact that he couldn’t cut it in the “big leagues.” He did not belong at larger firms or companies. Instead, he would have to return to working in a smaller and mostly residential real estate practice. How embarrassing! What a failure! He might as well have imagined his colleagues whispering in the corner: “This guy thought he would be the top of the class or the smartest guy in the room? As if!”
I did mention he was a bit arrogant, right? Self-important, perhaps?
It was his own hubris that prevented him from understanding that your mental health (and having a job that doesn’t leave you feeling anxious and depressed) is much more important to achieving your life’s goals. It took him at least three to four years after leaving that firm (which he still considers absolutely wonderful for all it taught him about real estate law and other ways it encouraged him that has had a very positive impact on his career) before he fully appreciated there was nothing substandard or inadequate about practising mostly residential real estate law.
In time, he not only started losing weight and making positive strides in his personal life, but he remembered the immense satisfaction he felt from providing excellent customer service. He enjoys congratulating clients when their home purchase transaction closes and telling them how to pick up their keys. Similarly, he enjoys going to the bank himself, making little jokes with the bank tellers, certifying a cheque for net sale or mortgage proceeds for his clients and depositing it into their account. A nice bonus is when his clients thank him for how smoothly he guided them through completing their transactions.
Nowadays, he runs his own real estate law practice, which has its own set of challenges. But, those challenges are much more his speed. He also has his mortgage agent licence and is working toward getting his realtor licence. Clearly, he still likes learning about real estate, but his mental health is much better now, and he knows a bit more about humility.
Since he was a kid, his mom would tell him: “Don’t get too big a head on your shoulders.” I get the feeling he may be finally starting to appreciate the lesson.
Harjot Atwal is a real estate lawyer. In 2023, he opened up his own shop, Atwal Law Firm. You can reach him via email at harjot@atwallawfirm.ca, by phone at 905-264-8926 or on LinkedIn.
The opinions expressed are those of the author and do not reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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