The Top 25 winner says technology has lowered barriers for lawyers to strike out on their own
After a three-decade career practising at large law firms, intellectual property law veteran May Cheng decided to move to a smaller, women-led boutique firm. She wanted greater flexibility and more meaningful work.
Cheng, who was named a Top 25 Most Influential Lawyer in 2024, spoke to Canadian Lawyer about her decision to leave large law, why starting at a Bay Street firm is a great option for young lawyers, and why diversity, equity, and inclusion are invaluable despite recent attacks against it.
Cheng says that the decision to change her career path came when the pandemic made her reevaluate her priorities.
“I wasn’t living in line with my values. When I went into law school, I was a typical young person drawn to law because of the social justice aspects. I wanted to be the champion of the underdog and to pursue fairness and justice in the world. Once you start practising, a lot of that falls by the wayside,” she says.
She says that working in a large law firm often means you can’t choose your cases, and you are forced to leave aside files you feel strongly about.
Meanwhile, one of the main allures of moving to Dipchand LLP was the flexibility offered in the hourly rates.
“One of the things I love about where I am now is that I can have four hourly rates, including one for not-for-profits, one for artists, and even a pro bono rate – so I can actually take on meaningful cases that large firms would turn away,” Cheng says.
Another disadvantage of large firms is conflicts of interest; this creates additional pressure to amass a large enough pool of files.
“You end up having to turn away work, and that's only worth your while if you have such a pipeline of work that you don’t know what to do with it. Otherwise, you're conflicted out of doing a lot of interesting work,” she says.
Despite its drawbacks, Cheng acknowledges that large law firms provide an invaluable foundation for young lawyers.
“If they have the opportunity to start at a bigger firm, I would always encourage people to do that, because they're going to get a breadth of experience and exposure to bigger files and more senior partners,” she says.
Working at a large firm also provides a broad mix of work that a smaller setting often can provide.
Cheng says that starting at a big firm allows exposure to different practice areas and the opportunity to explore options while also increasing hourly rates, especially for those uncertain about their career path.
“If I started in a small civil litigation boutique, I might have never discovered my love for intellectual property law. There is a privilege in developing a reputation and then packing your bags and bringing your work with you,” she adds.
Cheng says the advancement of legal technology has significantly lowered the barriers for young IP and trademark lawyers looking to start their practice or move to a boutique firm.
Launching an independent firm in the past required extensive infrastructure, particularly in fields like IP law, where strict deadlines and administrative oversight were critical.
"If you miss a deadline, you have to report yourself to the law society… Even if you just missed a routine deadline in a trademark case or patent case, it can be fatal. It could mean it could cost the client millions of dollars,” Cheng says.
She says that one of the most significant advancements is the automation of deadline management. Where firms once relied on manual tracking, today’s legal technology integrates directly with official databases, minimizing human error and ensuring accuracy.
"Due dates are mined by our software program directly from the Canadian Intellectual Property Office. So now you don't need somebody entering it manually and then someone else checking over their shoulder to make sure that they didn't introduce any human errors," Cheng says.
These innovations mean young lawyers looking for independence no longer need to be tied to large firms to access resources and can make the transition sooner. “That just opens the door in a way that didn't exist before."
While technological advancements made it easier for lawyers to become independent, Cheng says young lawyers are now facing increasing difficulties due to an erosion of diversity and inclusion.
“We are seeing it today, in the US and in Canada. I don’t think it’s going to get as extreme as the US because I think our values are different … but our values and our way of life are under attack,” she says.
It goes back to “values and we’re going to have to fight … for diversity, equity and inclusion in the legal profession”, she says.
For Cheng, this fight is not just theoretical – it is deeply personal and has defined much of her career.
“I have always been a champion, not just for other women, but for visible minority women, and also just for inclusion in the legal profession in general. That’s the kind of legacy I want to leave,” she says.
“Being outspoken, not being afraid to speak out when I see injustice and also trying to pave the way for other women. As you move forward, you have to lead by example, but you also bring other people up,” she adds.
