Canada’s online legal magazine.

Archive for May, 2018

Personal Branding – You Need to Do It

There are a lot of lawyers. No really, there are a lot of lawyers. What is it that makes you unique, stand out or differentiate from the rest? That is what your clients want to know and how new clients learn about you.

Personal branding is one of the most important parts of building your professional persona. We are all distinct in our own ways. Finding out what makes you unique and having an ability to forge your own path will ensure that you are not just another lawyer.

Personal branding can be about the way you dress, your approach, . . . [more]

Posted in: Legal Marketing

Should Mandatory CLE Require Technology in Particular?

Some states in the US, notably now including North Carolina and Florida, require that part of one’s mandatory continuing legal education include education on techology. Florida’s rule requires three hours over three years – so an hour a year, but if one took a three-hour course (which might be a more useful format than three one-hour sessions), one could fulfill the duty. At least in NC, their annual requirement is 12 hours, same as in Ontario.

This is all in the context of the ABA’s Professional Conduct rules – adopted in many states – that expressly requires competence in matters . . . [more]

Posted in: Education & Training: CLE/PD, Practice of Law, ulc_ecomm_list

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Talos v. Grand Erie District School Board, 2018 HRTO 680

[16] It is evident that employees who work after age 65 provide the same labour as they did when they were 64 years of age and would normally be guaranteed equal compensation, including access to benefits. Absent the impugned provision, a benefit differential that is only explained by the age of . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Leadership and the Sole Practitioner

I was asked recently to speak (via webinar) to a group of lawyers in Christchurch, New Zealand, as part of the New Zealand Law Society’s “Stepping Up” course. This program, which other legal regulators should emulate, requires any lawyer wishing to practise law as the equity owner of a law practice to learn about business fundamentals, client care, trust accounting, and so forth.

On this particular occasion, the theme of the Stepping Up course was “leadership,” and so I prepared some remarks on that topic. But one thing I was especially asked to think about was how “leadership” . . . [more]

Posted in: Practice of Law

Emond Publishing Criminal Law Series Wins 2018 Hugh Lawford Award for Excellence in Legal Publishing

The Criminal Law Series from Emond Publishing has won the 2018 Hugh Lawford Award for Excellence in Legal Publishing. The series is a collection of practical, accessible and affordable handbooks to assist criminal practitioners, judges and students.

The winner was announced yesterday at a reception held at the annual conference of the Canadian Association of Law Libraries (CALL) being held in Halifax. The Award is handed out annually by CALL.

It is meant to honour publishers who have produced excellent products and to encourage excellence in new publishing endeavours.

Other nominees for this year’s Award were:

  • Alberta Law Review
. . . [more]
Posted in: Legal Information: Libraries & Research, Legal Information: Publishing

Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on research, writing, and practice.

Research & Writing

Confusing Pairs, Part 5
Neil Guthrie

More in this series. Dependant, dependent. The first is a noun, most commonly used to mean ‘a person who depends on another for support or position’ (He is a single man with no dependants). Dependent is the adjectival form of the noun (Each dependent child will receive …

Technology

Use Canva for Easy, Eye-Catching (And Free) Infographics
Emma Durand-Wood

You stare . . . [more]

Posted in: Tips Tuesday

A View From Virginia: Is It Ethical for Lawyers to Accept Bitcoins and Other Cryptocurrencies?

Bitcoins are digital currency – and yes, lawyers are beginning to accept them from clients. They are also known as virtual currency or cryptocurrency since cryptography is used to control the creation and transfer of bitcoins. They use peer-to-peer technology with no central authority or banks. The issuance of bitcoins and the managing of transactions are carried out collectively by the network

Cryptocurrencies are created by a process called mining – by becoming a miner of cryptocurrencies, you make money (not much unless you are a major league miner). We won’t go into all of the technology that is used . . . [more]

Posted in: Legal Technology

The Future of Lawyer Licensing in Ontario – Consultation on Four Options

On May 24, 2018, the Law Society of Ontario released a consultation paper to launch the second phase of its comprehensive analysis of the lawyer licensing process. Developed by the Professional Development and Competence Committee, the document outlines possible options for a long-term appropriate and sustainable licensing system for lawyer licensing candidates in Ontario.

The consultation paper follows last year’s Dialogue on Licensing, which looked at the realities, challenges and opportunities of lawyer licensing in the province. Throughout the Dialogue, the Law Society heard a wide range of views from lawyers, licensing candidates, law students, academics and legal organizations, highlighting . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Family LLB 2. Erin Cowling 3. Robeside Assistance 4. Labour Pains 5. Eloise Gratton

Family LLB
Could a Couple’s 30-Year-Old Separation Agreement Be Struck Down Now?

The couple had been married in 1969, when the woman was 15 years old, and the man was 21 years old.

. . . [more]
Posted in: Monday’s Mix

Juror Research Online and Mistrials

With a smartphone in every pocket, and easy access to the law in every home, when does independent research by a juror become sufficient for a mistrial? The Ontario Superior Court of Justice recently explored this issue during a personal injury trial in Patterson v. Peladeau, where Justice Hackland dismissed the motion for mistrial.

At issue for the mistrial motion was an unusual jury question on the first day of deliberations. The content of the note inferred that the jury had been discussing the liability issue at trial, but in an context of a statutory reference that was not at . . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

FAMILLE : L’intérêt supérieur de l’enfant en cause requerrait que la loi permette la reconnaissance de sa réalité, soit que, sur le plan émotionnel et socio-économique, elle a effectivement toujours eu 3 parents; cependant, l’état actuel du droit, qui se limite à la biparentalité, rend nécessaire de déterminer qui, outre . . . [more]

Posted in: Summaries Sunday

Ontario Officially Open for Cannabis Tourism

Cannabis aficionados can start making their travel plans now after the Ontario government has officially opened the province’s doors for cannabis tourism.

In late April, the provincial government quietly drafted and filed Ontario Regulation 325/18 made under the Provincial Cannabis Act, 2017. No public announcement was made after the Regulation was filed, and its existence for most people did not come to light until recently when it was printed in the Ontario Gazette on May 12, 2018.

Although short (only 9 sections), the Regulation is an important one as it deals with restrictions and exemptions on places of cannabis . . . [more]

Posted in: Substantive Law: Legislation