17 July 2020 · Season 1, episode 5 · 49 min

Ian Hu

on philosophy and Kierkegaard, EDI, estates litigation, and the Public Guardian and Trustee

No.5
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Pulat Yunusov

Hello everyone, we're back on air. This is Yunusov Law Professional Corporation YouTube show where I interview professionals, predominantly lawyers, and usually we don't have the split screen, but today I thought we'd have the split screen because This is going to be a really fun conversation and you might want to observe the exchange. So I have the inimitable Ian Hu here today, my good friend and a lawyer and an estate lawyer, and he's currently in Barrie and he's formerly a LawPRO. And I'm not going to say much more about him. Instead, I'd rather pass the floor to Ian and let him introduce himself.

Ian Hu

How you doing, Pulat? Happy to be here.

Pulat Yunusov

Thank you.

Ian Hu

Practicing estate law these days. You never know what I'm going to be practicing next, I guess. But that's what I'm up to.

Pulat Yunusov

Well, that's a really great introduction. It's much shorter than all the other ones I had on the show. And I think it bodes well for what is to come because Ian is a really special guy and he's a man of many talents including literary talents. I also know that he studied philosophy and I'm gonna stop here talking in third person about you. So instead I'm just going to address you, Ian. You studied philosophy, didn't you?

Ian Hu

Yeah, yeah, I did sort of my first career in philosophy. I thought I was going to be a prof and I studied a master's. I was halfway through my PhD, Albert dissertation, and I guess one that you could say one day I was, you know, going to bed and I was thinking to myself, I'm never gonna be able to get a decent job and make a good living. And so It finally dawned on me that, you know, less than 50% of PhD grads end up with, with a tenure job in a good university. And I was just like, I can't do this. So that's—

Pulat Yunusov

wait, so you were PhD track then, right?

Ian Hu

Yeah. Yeah.

Pulat Yunusov

Did you have an undergrad in philosophy as well?

Ian Hu

Yeah, I did my undergrad, did my master's.

Pulat Yunusov

Where did you go to university for your undergrad?

Ian Hu

Western.

Pulat Yunusov

Western, and you did philosophy at Western for your undergrad and you got your bachelor's, and then where'd you go for your master's?

Ian Hu

I did my master's at U of T. It's an interesting story. I wanted to do it so bad, and the first time I applied to like 10 schools, all 10 rejected me. So the next time around, I applied to 20 schools and I got into one, which is U of T. So I went into U of T for master's, and again for PhD, I applied to like 40 places and I had 2 or 3 offers.

Pulat Yunusov

You know, when I went to law school, I was fairly aimless. I didn't have a direction. I didn't necessarily know in the beginning what I wanted to specialize in. And you know, I don't think I was alone. I remember distinctly conversations in the classroom, are you gonna do litigation or are you going to do, what did they say, solicitor's work or something like that? And almost always those conversations ended up in, well, I'm going to try both and then we'll see, right? So a lot of people were not sure about what they were going to do. Did you know what you were going to do in the field field of philosophy when you went into the master's program, maybe a specific area or philosopher?

Ian Hu

For sure, I'm a huge fan of the existentialists: Kierkegaard, Nietzsche, Sartre, those folks, and wanted to study those guys. And in fact, one of my offers was to study under Meryl Westphal, who was then a very famous Kierkegaard philosopher. So that's what I wanted to do, that or ethics. And so I ultimately did choose to go to Rice to study ethics.

Pulat Yunusov

Rice University

Ian Hu

in Texas? Yeah,

Pulat Yunusov

yeah, I know. So wait, did you transfer to Rice from U of T?

Ian Hu

No, I finished my master's at U of T and then I went to Rice for PhD.

Pulat Yunusov

Oh my god, so you did start your PhD program then?

Ian Hu

I thought you

Pulat Yunusov

were

Ian Hu

4 years into my PhD program, 10 years in philosophy.

Pulat Yunusov

Oh my God, this is getting better and better. Fascinating. Tell me, what is Kierkegaard all about? And I'm sure I'm butchering the pronunciation of his name, just like as I usually butcher pronunciation.

Ian Hu

Well, you know, he's Danish. I don't think I'm going to be able to pronounce it properly either. But I like him a lot because he's I think he has a deep understanding about what it means to have faith or to be religious. And for him, the main thing that he says is if you're gonna have faith in a God, you have to— and if you're gonna take it seriously, you have to have doubt. Anyone has to have doubt. To believe in someone that you don't see and someone that doesn't communicate with you in the typical ways and someone that supposedly is looking after your best interests in a world where there is evil. To have all of this, you got to have doubt.

And the cool thing about faith is that even though you have doubt, you still believe. That's what makes it faith. In other words, it would be naive to say, I don't have any doubt that God exists, and I have faith, I have complete faith. That just doesn't make sense for Kierkegaard. And I agree with that. So that's one thing that really struck with me. And one of his favorite phrases is subjectivity is truth, which I also deeply agree with, namely to say, which, you know, namely that What counts is your relationship with God, or to put it another way, your relationship with people, your relationship with things, and your relationship with the world. And you got to understand that first before you, you go and think about other things.

Pulat Yunusov

Does it mean that the truth is how I see the world, not how someone purporting to be an objective observer is telling me to see the world?

Ian Hu

That's exactly what it means.

Pulat Yunusov

That's deep. And how do we apply that in law? I think law, of course, is grounded in philosophy, right? To start.

Ian Hu

Yeah, I think the answer to that is subjectivity is truth. It means it's true for you and nothing else counts when you're talking about yourself. It just, it just doesn't. And if the world treats you in a certain way and, and, and let's say, you know, we, we like to think about objective truth, right? Especially in law.

Pulat Yunusov

We do very much. What about the reasonable person standard?

Ian Hu

Yeah. I mean, what he says isn't a philosophy of law, you know, it's a philosophy of living for, for each of us as individuals. It's a, I think of it as advice on living.

Pulat Yunusov

Right?

Ian Hu

Subjectivity is truth. Means you have to absorb things and understand that whatever someone's relationship is with you, it's up to you to dictate that. It's up to you to define, to think about it, to understand it, to conceptualize it. That's your relationship and yours alone. So for example, your relationship with— my relationship with you, Pulat, my relationship with God, my relationship with, with, with my wife. Those are one-on-one relationships which nobody can define and nobody can conceptualize other than me. And I think that's, that's what I take from Kierkegaard.

Pulat Yunusov

Is there a conflict between this system of beliefs and the legal system, which is always trying to impose an objective standard on the members of society, such as the reasonable person standard, such as a code of rules. Yeah. The simplest example is the criminal code.

Ian Hu

Well, I think it's exactly this kind of thinking that led from Kierkegaard to Hegel. Hegel was a huge— he's essentially the anti-Kierkegaard. And he looked at Kierkegaard with the same questions that you had, and he said, look, there's obviously some objective truth out there that— or intersubjectivity is what Hegel calls it, right? And it's the intersubjectivity that comes into play. And another thing that Hegel says is there's an interplay between these two ways of living, right? Yes, on the one hand, we all understand as individuals these are unique relationships that we, we have that only we understand. Nobody can go into our heads. But on the other hand, it's also clear there are many other individuals who are of the exact same mindset, and that's intersubjectivity.

And so in this intersubjective world is how we, you know, we come to create civilization.

Pulat Yunusov

Ian, did you read a book called Thinking Fast and Slow by Daniel Kahneman?

Ian Hu

Yes.

Pulat Yunusov

All right, so that's— that makes it easier. According to Daniel Kahneman, we are essentially error machines. All we do is make mistakes. We're generally wrong about our perception of reality. We are saddled with deep biases, and it's not just commonly known biases, right? And especially, for example, biases that people talk about a lot now with respect to race and other things. It's just biases that are deep-seated and that everybody has. Biases about experts, biases about how well our— how good our skills are about something, right? A lot of biases. And according to Kahneman, and of course he's backing up his views with really powerful research and a Nobel Prize, According to Kahneman, we're not to be trusted, basically.

Right. Don't put us at Starship Enterprise's controls. Right. We're not Captain Kirk.

Ian Hu

Yeah, I say that to litigators in regards to the anchoring effect. Right. Which is the— someone throws a number at you and that number is in your head and you're stuck with that number. So if you want to settle something for, you know, a million dollars, and you say to the opposing lawyer, I want to sell this for $2 million, the opposing lawyer is just going to say whatever number he's thinking of next is going to be based on that $2 million. And so you're going to get to your $1 million. But if your first number is $1.1 million, your lawyer's next number is based on that, and he's going to not come potentially as high.

That's just the way it works for anchoring effect. No, so it's true. Our perceptions are colored by these physical brains we have.

Pulat Yunusov

Yeah, and you'll leave it at that, right? Yeah. So this is fascinating. You know, I looked at your Twitter profile, and I'm just going to pull it up here to refresh my memory. And I recommend everyone, by the way, to follow Ian on Twitter. I'm just gonna look it up here real quick. We were talking about biases and I thought of your Twitter bio: lawyer, EDI, and legal tech consultant. So if I understand it correctly, EDI is equity, diversity, and inclusion. Yes. Yes. So this is really directly relevant to our discussion about biases now, and I'm always interested in this topic. This is a really important topic today, and recently there were some Twitter dramas about EDI consultants that charged millions of dollars— charged the US government millions of dollars to educate federal employees about bias and in connection with racial bias, of course.

I don't know if you noticed those, but we all probably can guess that there is an EDI consultancy industry right now. But the curious thing about those consultants is that they appear to be not racialized. By the way, what is racialized, Ian?

Ian Hu

Racialized I define racialized as, as self-identifying yourself in a group that, that's racially discriminated historically.

Pulat Yunusov

So racialized then is a subjective property?

Ian Hu

I think most people consider it to be subjective in the sense that you have to identify yourself and put yourself in that, in that group. There might be people For example, I consider Chinese or myself to be racialized, but that doesn't mean that someone else might consider themselves to be racialized.

Pulat Yunusov

Right, right. This is interesting, but are people who belong to groups that have not been historically discriminated against allowed or can reasonably consider themselves racialized?

Ian Hu

Exactly.

Pulat Yunusov

I remember, I remember some—

Ian Hu

yeah, racialized only, it only applies to the historical treatment and frankly the present treatment of certain groups.

Pulat Yunusov

Absolutely. So you see how we slowly are changing the topic into EDI, and we are not charging $15,000 for this video. I'm not sure if our viewers can claim the EDI credit from the Law Society. I think that has to be accredited, but regardless of EDI or CPD credits, I think this is really fascinating and you don't Dear viewers, you don't get to listen to people like Ian explain these things very often, so please listen carefully. This is really interesting stuff. Now, equity, diversity, and inclusion, of course, is a— it's a movement. Can we say it's a movement, or is it a policy? What is a better way to describe it?

Ian Hu

No, I think I agree with you. I think it is a movement. It's clear and it's becoming an industry. So,

Pulat Yunusov

yeah. So it's a movement. And we— I don't think that this movement is recent. I think this movement started at least when the civil rights movement in America began. Would you say that?

Ian Hu

Yeah.

Pulat Yunusov

Yeah. And

Ian Hu

it wasn't just in America, it was throughout the world in the '60s.

Pulat Yunusov

Right. So this is, by the way, my next question. When we talk about historic discrimination and we talk about defining racialized groups based on that factor, Are we geographically limiting this definition? Is it the North American concept or maybe Western European concept, or does this concept exist outside of the Western world?

Ian Hu

You know, that's a terrific question, and I got to say, you're spreading, you're at the edges of my knowledge, Pulat. We're pushing

Pulat Yunusov

the envelope here.

Ian Hu

We are. Because look, we, you and I and people watching this probably live in North America, right? This is the world that we know. But we all, but there's no question, you know, I went to China a couple years ago where, and that's where I was born. And it's clear that there's, there are racialized people there too. And of course, being racialized depends on the country that you're in. If you're Chinese in China, you're not historically discriminated against.

Pulat Yunusov

Right?

Ian Hu

You might look at other, other native peoples in China who are, or people of other groups. And same thing in India, right? If you're in, if you're from India then, and you're an Indian person, then you're not discriminated against. But if you're, if you're not historically discriminated, but if you come to North America, I think you can count yourself as racialized. So that's— it depends, of course, on the context.

Pulat Yunusov

Right. Here's another question about the global, potentially global nature of this movement. It's an inherently Western movement, wouldn't you agree?

Ian Hu

It is. It is.

Pulat Yunusov

And it is informed by thought of predominantly Western, albeit perhaps racialized, not exclusively, but racialized thinkers. Yet Western thinkers.

Ian Hu

It's Western, and especially right now, it's powered by the Black Lives Matter movement. That's the true push behind it.

Pulat Yunusov

The roots of racism and systemic racism, that, that systemic racism that we are addressing and fighting today in North America are essentially in the spread of Western countries into other civilizations where they brought by force or by other form of coercion or through imbalance of power where they brought people from other civilizations into their own lands and settled them with fewer rights, with undignified status as essentially people who were discriminated against from the start. So essentially systemic racism in America and in Canada is a product of Western hegemony, global hegemony. Would you agree with that statement?

Ian Hu

Yeah, it's certainly an interesting way to look at it. I mean, slavery is, I think, the— yes, I mean, there's the foreigner coming into the native land and displacing the natives. Right. That's the story you're telling. But there's also slavery, which is bringing over Black people from Africa and enslaving them. And I think that is just as hard to swallow. America has a double whammy, right? We've got the foreigner coming into the native lands and displacing the people that live here, the indigenous.

Pulat Yunusov

Right.

Ian Hu

And you've got slavery, which is an incredible, unacceptable way of living that was around for decades, many, many decades, and which built America. You know, Thomas Piketty says— does an analysis of this in his book Capital in the 21st Century. And he basically says, look, you want to know one of the reasons why America built so, so much wealth so quickly? This is how. This is why. And when we talk about systemic racism and its historical roots, right, there's violence, there's economic inequality, and so on. That in the, you know, 100, 200 years since then. I think the problem now, the real problem now, is the growing inequality. For me, the economic inequality is the real problem.

And because I ask myself, what would it be like if everyone had equal wealth, equal income. Let's just hypothetically think like that, right? Or if there's the same number of people in this income bracket and this bracket in the various racialized groups, I think it would be hard to say that there's a problem then, right?

Pulat Yunusov

Right, I understand.

Ian Hu

Yeah, I think that that's the main issue. But yes, of course, there's the political problem. There's no political power. There's, there's the violence that's happening now and before. There's the fact that, you know, more Black people are incarcerated now than any other race or racialized group, and so on. And those, those are huge problems too. But I would love to see the economic problem solved, and I, and education. And I feel like that those Those are the— would put a big solve on things.

Pulat Yunusov

I see. Interesting. What would Kierkegaard say about today and the systemic racism in North America today?

Ian Hu

You know, one of the things that occurred to me when I read Piketty, and I can't believe it took me 43 years to understand this, I'm 42 years old now. Is philosophy and literature and writing takes place in certain eras and takes place and it's typically written by people in certain income and wealth brackets. And so it may not be surprising that they don't have anything to say about such things because they were not in the discriminated or suffering classes, you know, they weren't thinking about those things. And so Kierkegaard, I don't think he would have much to say except that he did value intersubjectivity. And so I would say, how are you going to connect authentically with people if you have all this other stuff that's standing in the way?

Pulat Yunusov

Mm-hmm, interesting, interesting. Ian, who is your least favorite philosopher?

Ian Hu

Well, I'm not a huge fan of the contemporary analytic philosophers for the reason that there's a lot of nitpicking over the language and logic, and sometimes you get lost between semantics and meaning. So I'd I don't find that, and I don't find that the questions they ask about language and intentionality and so on have a big practical role to play in how we live our lives. And so that's why I like the existentialists. They give you a formula to live your life. The formula, by the way, is simple. For Kierkegaard, your soul is infinite. You live in a finite world, but because you are undefined, you can be anything you want at any time.

That's what Kierkegaard says. That's what Sartre says, but in a different way. That's what Nietzsche says when he says you know what is it? Like, life has no meaning or something.

Pulat Yunusov

Uh,

Ian Hu

that's what they all say. And it gives you the freedom then to create yourself.

Pulat Yunusov

Isn't that very scary? Yes. Well, I know you worked at LawPRO. Speaking of scary, I feel like Kierkegaard and Sartre and Nietzsche, they had a lot of influence on our society, on the Western civilization, and I feel like that's what we're left with after we leave our parents' house, is this, is this huge space that the society tells us to fill with our achievements, with our identity, with our contributions. And I think it's very much in line with what, with the philosophies that you have just described.

Ian Hu

Think about how we— sorry, Pulat, I know you're about to go on an amazing thread there. I shouldn't have interrupted you. I was just gonna say, look, I'm sorry, I'm just gonna say, think about how people tend to identify themselves, right? Who am I? Well, who are my favorite musicians? What do I like to listen to? What are my favorite movies? What do I like to wear? What's my— what car do I like? What do I like to— where do I want to live? Are those really questions that give us meaning? Are those really questions that identify you as a human being? But— and I would say the answer is no. But they are identifiers in terms of where you are in society.

They are identifiers in terms of your socioeconomic class, in terms of what, you know, the, the where you stand in the world and how you spend your money in the world. That's

Pulat Yunusov

what they identify. Right. But that's not what Kierkegaard was talking about when he said, go and fill this void and define yourself. And it's what matters is your subjective perception. That's not what he necessarily had in mind. He didn't have a Mercedes in mind or a BMW or Hugo Boss shoes or something like that, right? Or even how many lawyers work at your firm or even your own

Ian Hu

job. Your job doesn't matter.

Pulat Yunusov

Or how many Supreme Court cases you argued, right? And things like that. But we are people, we are people of the Kahneman theory, of the Kahneman world. We are people with our own biases and weaknesses. And with all these Kahneman biases, or Kahneman-described biases and weaknesses, when people face the expectation to define themselves Do you think they follow the path of least resistance? Which, by the way, in reality may turn out to be the path of huge effort and addiction and trauma, but you know what I mean.

Ian Hu

Yeah, so the path of least resistance just means it's the path that society puts us into, right? In other words, it is extremely hard to do, to do something else, right? It is what our parents expect of us, what our neighbors expect of us, our friends, our co-workers. You know, if you go to university, if you do well in university, all your friends are going to have similar desires, right? They want to go to law school, they want to build wealth, They want to have high income, or to put it another way, they want to go on great vacations and stick them on Instagram, right? They want to, they want to put their kids in private school.

All of this is, is what is expected of whatever socioeconomic standing where we happen to be in. And then on top of that, the music that we listen to, what society celebrates, and on top of that, what the world and governments spend money on. You know, I just wrote a post on Slaw the other day. We spend money on big buildings downtown, we spend money on Starbucks, we spend money on Netflix, and we spend money on the police, and we spend very, very little on the courts. So where does justice lie in society's value system? If you just looked at the budget of any government and you looked at how much goes to defense and how much goes to business and so on and how much goes to justice, you'll see that justice doesn't take a huge huge role, right?

In other words, don't think— you don't need to think and ask yourself or guess how important something is to you. You look at where you spend your money on, right? And I think people— and I think that's true of the government, it's true of ourselves too. And if you look at your own finances and you think, oh, I spend wisely, You know, I spend only on things that I need, but then you, you sit down and you do an analysis of the last 12 months of your spending life and you have spent half your money on food and clothes and shoes. You need to think then about what, about what your perception of yourself is and what the reality is.

So I don't know where I was heading with that, but yeah,

Pulat Yunusov

No, no, I understand. It's really good stuff. So basically what you're saying is power entails responsibility. Under Kierkegaard, we have the power to define ourselves, but we should not forget the responsibility of doing it in a decent way. Right.

Ian Hu

You want to do it exactly. You want to do it Intentionally, if you're going to go on deliberately, deliberately, exactly. If you're going to spend money on this and that, if you're going to spend your time doing things, it's something that you have chosen to do, that you are taking responsibility to do, right? If instead you're just going with, with the flow and you're doing it because this puts food on your table and so on. Well, There are many ways to put food on your table. This is the path that you chose, right? And if you don't do that, then you're just according to existentialists, you're not living a life with true meaning and authenticity.

Pulat Yunusov

Yes. And every path and every life has an end. And the older we get, the more we think about the end of that road. Sure. Is it, is it fair to say that in your practice as an estate lawyer you deal with end of life a lot?

Ian Hu

Yeah, yeah. So yeah, we deal with end of life and we deal with the repercussions, right? One thing that, that, that I've, I've been realizing as I do this is you know what, you know what, what stops What, what prevents estate litigation? It's not a good will. A well-written will doesn't do the trick. A good family prevents estate litigation, right? The law, the law is the law, whatever. But you could have a terrible will, but nobody would, nobody would litigate it if the family gets along.

Pulat Yunusov

Yes.

Ian Hu

You know.

Pulat Yunusov

Yes,

Ian Hu

it's— and families get along badly in so many ways. It reminds me— oh, what's that book? Is it Dickens? Every family is the same but breaks down?

Pulat Yunusov

No, no, no, Anna Karenina, Tolstoy.

Ian Hu

Is that— that's Karenina. Yeah,

Pulat Yunusov

yeah, this is Tolstoy. I'm glad it's Russian. It's Russian. Yeah,

Ian Hu

what a great beginning to book, by the way.

Pulat Yunusov

Yeah, it's, it's, it's pretty amazing. So

Ian Hu

these are all like— unhappy families are different.

Pulat Yunusov

Yes, happy families are all alike, and unhappy families are all unhappy in their own way.

Ian Hu

Yes.

Pulat Yunusov

Yeah, Tolstoy is my favorite writer.

Ian Hu

Oh, okay.

Pulat Yunusov

Yeah, Tolstoy is my favorite writer, and we can talk about literature in our second interview, which I hope we will have. But I'm really curious to hear more about your estate practice. And about— you already dropped a really powerful insight there. It's really powerful, and I relate to it as a litigator. I'm not an estate litigator, I'm a commercial litigator, and I totally agree with the sentiment that somehow people have this misconception that well-drafted contracts somehow stop litigators from commencing claims. You know, everything, almost everything is arguable. Well-drafted contracts definitely affect litigation strategy, but, and they can definitely reduce chances of litigation. And I can say that litigation is so messy because unfortunately lawyers don't draft contracts well enough, often enough.

But even with perfectly drafted contracts, lawyers still find points to argue. If it's not a point of fact, it's going to be a point of law, right? And it's interesting how the most interesting cases are about law discovered post facto. When parties enter into a transaction, everybody thought that law was X, and then the court of appeals says, oh no, the law is Y. And that's why you win, right? So law is really mind-boggling this way. And I'm really thankful for that point that good families don't litigate over estates. I really look forward to more insights like this. If you could share about your estate practice.

Ian Hu

Yeah. You know, the longer I do estates, the more, you know, every practice here has super interesting things that boggle the mind, right? So I'll tell you one just interesting thing that I've been— that I've done recently. The Public Guardian and Trustee, you know, they, they have a duty to the public. And so one of the things they do is when they get reports that someone is potentially incapable of managing their finances, or incapable of managing themselves, they have to investigate. And And sometimes they do an investigation and they find that, you know, they think that someone has no capacity, right? So they're going to start an application to take over this person's finances and this person's ability to take care of him or herself, which is huge, right?

Pulat Yunusov

Right.

Ian Hu

The government is going to step in and take over your life. Isn't that a scary thought? The PGT can do that. And so one of the things they have to do is they have to look for a lawyer for that person if that person can't, can't do it. So I got a call from the PGT, and, and I did a case. And it's funny because this person had, had no, no money, okay, or had very little money is how I would put it. And the funny thing is this: If I, if I won, then my client is deemed capable and my client goes in and lives their life, okay, and disappears, hopefully. And my client, I said I will send my client a bill and I won't get paid in all likelihood, right?

Pulat Yunusov

Right.

Ian Hu

If I lose, if I lose, the PGT seizes the assets and pays off the debts, of which one of them is my bill. So it's a really strange situation. Here I was fighting for the capacity for my client, and my self-interest in this case would be to lose, right? So that's a strange, strange situation for a lawyer to be in. You

Pulat Yunusov

know, maybe not so strange, maybe on these particular facts, but consider contingency fees, for example, right, where lawyers have their own financial interest in the outcome of the case. Arguably, it's the opposite of your situation.

Ian Hu

Yes, yes.

Pulat Yunusov

Right.

Ian Hu

But And I was a lawyer for a long time, so yeah, I'm familiar with that.

Pulat Yunusov

Yeah, exactly. You were a personal injury lawyer, right?

Ian Hu

Yeah.

Pulat Yunusov

Okay, so, but consider this. It can turn into something similar to your situation very quickly, where, for example, a lawyer takes on too much risk, more risk than advisable, and then loses.

Ian Hu

Exactly.

Pulat Yunusov

Right, instead of accepting a, reasonable settlement offer.

Ian Hu

Yes,

Pulat Yunusov

right. And

Ian Hu

that gets messy now because of after the event insurance. So if the lawyer is insured,

Pulat Yunusov

oh yeah,

Ian Hu

the lawyer loses, the lawyer can collect the insurance. But if the— if the lawyer tries to win or tries to settle for a very small amount that doesn't cover the disbursements, then the lawyer has actually lost, even though the client has not

Pulat Yunusov

Wow, interesting. Well, this is really fascinating stuff, and I think it helps that you have an ethics background and, and the philosophy background. And every, every story you tell, it keeps taking me back to Kierkegaard and how we are responsible for our subjective perception of the reality, right? Because when you said that this old man, or I'm not sure how old he is, but anyway, or this person, if it's a man or a woman, I don't even know. So when this person wins, that person is free to go.

Ian Hu

Yeah.

Pulat Yunusov

And that person becomes basically a Kierkegaardian person.

Ian Hu

Yeah.

Pulat Yunusov

Free, free to define their own reality. But do they have the ability to do so, or are they—

Ian Hu

Well, that's exactly right. I mean, we have certain wide freedoms up to a point, you know. But let me say, we have the freedom to go into as much depth as we want, right? The state can't interfere with that. Right? Now, if you declare bankruptcy, fine, then the state comes in. But, but there's a difference between capacity and, and, and freedom, right? If you have— if you lack capacity, then the state will come in and take your stuff. But, but if you have capacity, you're free to do as many stupid things as you want. So long as it's not within the bounds of the rules, within the bounds of law. So, so the state really is just concerned about capacity, not about doing stupid things, at least in this instance.

The PGT is concerned about just capacity.

Pulat Yunusov

So when you say the PGT is concerned about capacity, what you mean also is that PGT is concerned about preventing exploitation. By people with more capacity of people with less capacity.

Ian Hu

Exactly. The state— I guess what we're really asking is, to what extent does the state protect these vulnerable people, right?

Pulat Yunusov

Right.

Ian Hu

And then when you think about that, you have to ask, well, how hard and how often should the state be looking for vulnerable people? And then you get into what defines a vulnerable person, because if that's a broad definition, it covers you and me. That would upset us, right? So it's a very difficult line to throw.

Pulat Yunusov

Right. And it may affect our ability to work. It will affect our reputation. It will affect our ability to get clients or to get instructions from clients. Is it fair to say that PGT is like children's aid for adults?

Ian Hu

For adults, yeah.

Pulat Yunusov

Okay. And Children's Aid, I think, of course, is very engaged and pretty much on top of protecting children. Sometimes they are accused of doing it too aggressively.

Ian Hu

Yeah. Children are vulnerable by definition.

Pulat Yunusov

Exactly.

Ian Hu

Minors. So the PGT has a harder, harder job to do because they have to assess who is vulnerable. And in doing that, they're looking at medical reports and community reports. And all that kind of thing.

Pulat Yunusov

Speaking of how much money society spends on what things, how well-funded is PGT?

Ian Hu

I have no idea. I have no idea.

Pulat Yunusov

You don't know?

Ian Hu

But I would say with all justice-related things, probably not as well-funded as they could be.

Pulat Yunusov

Yeah. How is life in Barrie, by the way? I'm looking at this beautiful background. It's just— I'm so jealous. This is my background.

Ian Hu

Thanks, Pulat. Well, for your viewers, my property is probably the same price as your property or anyone else's property, except I'm in a rural environment, right?

Pulat Yunusov

Your property is probably the same price as my wall right here.

Ian Hu

Yeah, or less. Actually, I'm sure it's less than Toronto properties. That's why I moved out here. You know, the quality standard of living is is amazing, and you don't have to be stressed over your finances even though you may not make as much.

Pulat Yunusov

What is the absolute best thing about living in Barrie, specifically in Barrie?

Ian Hu

Well, for us, it's the outdoors. So I—

Pulat Yunusov

it's a very Canadian thing to say. Yeah,

Ian Hu

man, dude, in the winter I snowboard. And Hardwood Hills, where they do cross-country skiing, is 15 minutes away. I do that. I can cross-country ski on the lake downtown, which is 10 minutes away when it ices over, you know. I can go mountain biking, you know, 10 minutes away that way. And I've got space where my kids can grow up. And we get along with our neighbors, probably because they're farther away. We're not all squished together.

Pulat Yunusov

Yeah.

Ian Hu

I

Pulat Yunusov

don't know my neighbor's names.

Ian Hu

Yeah. And so I think that those are pluses, you know. Some of the minuses, it's, you know, there isn't as much diversity out here. But at the same time, there isn't as much tension because there's less diversity. So, you know, there's pluses and minuses, but I would like to give my children exposure to every aspect of life, which is why we travel and why, you know, we volunteer and do things. But there's pluses and minuses for, for me, the huge plus is just being able to live a less stressful life.

Pulat Yunusov

As someone with a really wide and broad life experience, both academically and professionally, what is one advice that you want to give to, let's say, a junior lawyer?

Ian Hu

I think you have to think about, about what you want to do in life. And I don't mean now, but I mean what you want to achieve. Do you want to achieve financial independence? If so, then you got to start educating yourself and taking steps toward that. Do you want to become a partner? If you really want to become a partner, you need to take steps toward that. And that doesn't mean showing up to work every day from 9 to 5 or 9 to 9 and doing a good job. That means talking to partners, figuring out what they do, asking them what it takes to get there, and achieving it. So you have to find, you have to set these goals, and then you have to find out how to achieve those goals, and then you got to do them every single day.

And doing something every day is hard. If you want to be a Rainmaker, you're probably going to be having lunch every day with different lawyers or people in the community. You're probably writing emails every day. You're probably thinking about marketing and rainmaking every single day. And that is hard to do if you want to. And that's true of, I think, everything. If you want to build wealth, then you have to be frugal every day, which means you're not spending time on amazon.com or amazon.ca. You're not, you know, going shopping when you're bored. You're going to do something else that takes less money or that's less tempting, which means you're not on Instagram and you're not on Facebook and so on.

You have to resist those things every day at every moment. And you have to find habits that support that goal. If your goal is to be healthy, that means that you're going to the supermarket every day and you're buying and you're, and you're making, you're cooking your own foods every day. You're not going out. All of these things have, have required commitment on a second-to-second basis. And it's, and God knows it's extremely hard to do all of them, right? Because I want to do that. I want to be healthy. I want to, I want to be financially independent, which is why I'm using these as examples, you know? But guess what? If at the same time I want to be a Rainmaker and I'm taking people out to lunch, every day, go out to dinner every day.

Well, I'm not cooking for myself on those meals, right? So it's going to be hard for me to watch my weight. There's some trade-off has to be done here, but, but I think the goal is that the key thing is to understand your goals what the trade-offs are, accept those trade-offs, and, and go, go for it. Malcolm Gladwell has a podcast which he has one episode which he calls his 12 Rules of Life, you know, named after I forget his name,

Pulat Yunusov

Jordan Peterson.

Ian Hu

Jordan Peterson. And Gladwell says in his podcast he only has one rule of life, and his one rule is to be disagreeable. In other words, not to let other people's opinions or other people's values infringe on your values.

Pulat Yunusov

Yeah, conflict is bound to happen, but you will reap the rewards.

Ian Hu

Yeah.

Pulat Yunusov

Thank you, Ian, for this deep, fascinating conversation. I haven't had a conversation like that in a long time. I hope we can do this again. I really appreciate it.

Ian Hu

Oh, it's amazing. Thank you very much, Pulat. I hope people enjoy this.

Pulat Yunusov

I'm sure they will. Someone will. Thanks, Ian. All the best.

Ian Hu

Welcome. You too.