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Archive for ‘Columns’

Misconceptions About ODR Beckoning the End of Lawyers

As mentioned in a previous post, a few weeks ago, the Montreal Cyberjustice Laboratory hosted a summer program aimed at demystifying the impacts of technology on conflict resolution in and out of the courtroom. Experts in the field shared their knowledge with approximately fifty students and professionals, all of who were hoping to get ahead of the curb as technology slowly creeps its way into courthouses. As researchers, we found great interest in the numerous questions raised by the students, as they awakened us to new topics that could be explored, as well as made us realize that some . . . [more]

Posted in: Dispute Resolution

Up Your Resilience and Effectiveness With This Time Scarcity Thinking Reboot

Have you ever felt like there just wasn’t enough time to get everything done?

Well this May found me in a panic about a presentation I was giving with a fellow coach for a large group of women lawyers. At the heart of my panic was the thought “there isn’t enough time to prepare” followed by a second thought “and so I am not going to be good enough”.

That thought “there’s not enough time” raises much anxiety and stress in the legal profession and is the root cause of a lot of inefficiency, procrastination and wine guzzling.

The culprit . . . [more]

Posted in: Practice of Law

Obtaining and Acting on Client Feedback

Any good marketing and business development plan includes not only strategies for attracting new clients, but also strategies for ensuring that your current clients have an exceptional experience with your firm so that they will return to you for their future legal needs and refer other potential clients to you. But the mere fact that an existing client hasn’t gone elsewhere doesn’t mean that you’ve delivered that kind of client experience.

Take a look at a few lawyer websites, brochures or other marketing materials and you’ll see claims that lawyers are “client-focused,” and that they provide “excellent client service.” And . . . [more]

Posted in: Legal Marketing

Killing Terrorism: The Selective Deployment of Deferred Capital Punishment to Deter Terrorism

As I write this, Israel is again engaged in defensive military operations in a renewed attempt to dismantle terrorist infrastructure in the Palestinian territories. This latest chapter in the vast novel of the Israeli/Palestinian conflict began with the kidnapping and murder of three young Israeli civilians by alleged Hamas terrorists. It spiralled further out of control when a gang of Israeli youth reacted to the murders by perpetrating their own barbaric vengeance against an innocent Palestinian teen who was kidnapped and burned to death. Although the suspects in the murder of the Palestinian were quickly arrested and charged by Israeli . . . [more]

Posted in: Justice Issues

Generation Flux & the T-Shaped Professional

Gartner recently downgraded their forecast for IT spend in 2014, and it caught my eye. According to Mr Lovelock, one of the reasons for this lowering of projection is how quickly we are moving to what he called, “The Third Age of IT”. Apparently 1980 to 2000 was the “IT Craftsmanship Age” where we were building all those (now legacy) systems and putting together our IT departments. And then from 2000 to the present is what’s being called the “IT Industrialization Age” where we’re currently focused on automating and efficiency. In the legal industry I’d say we’re still very much . . . [more]

Posted in: Legal Technology

Access to Justice: An Opportunity for Law Schools – Part 1

The CBA’s Equal Justice Report
The Canadian Bar Association’s Access to Justice Committee issued its final report in December, entitled Equal Justice: Balancing the Scales (disclaimer – I am a member of the committee). The committee proposed 31 targets to achieve access to justice in Canada. The report can be found here: http://www.cba.org/CBA/equaljustice/main/.

What isn’t well known is that some of these access to justice targets involved Canadian law schools. They provide an opportunity for law faculties to modernize their curriculum while playing a significant role in the biggest legal issue of our generation.

Last fall at the University . . . [more]

Posted in: Legal Education

Indexes: Still Necessary in the Age of E-Books

One of the challenges for legal librarians is making sure that library users get the most out of the resources available to them. There is an incredible amount of legal information available, but if a researcher cannot find the information he or she needs, the information might as well not exist. Fortunately there are a number of tools out there to make the process easier. On a wider level, these tools include library catalogues and bibliographies, and on a narrower level these tools include tables of contents and indexes.

A good index can be worth its weight in gold, helping . . . [more]

Posted in: Legal Information

Adjudicators’ Neutrality and Political Participation

The Ontario election is over and municipal elections are on the horizon. The Ontario election was a heated one and included the rare participation of police officers in the election campaign. Police officers have a “voice” outside of the institution of policing, since they are unionized. Adjudicators in the justice system do not have this external “voice”. (Although there are organizations of adjudicators, their main focus is continuing education and skills development). Adjudicators, like judges, are restricted from active participation in elections, even though they (like police officers) can have an interest in the outcome. Unlike judges, adjudicators (in Ontario) . . . [more]

Posted in: Dispute Resolution

Northern Gateway: Approval Without First Nations Consent Violates International Law

There has been much debate about the federal government’s decision on June 17th to give a green light to the controversial Northern Gateway pipeline project. And there is obviously much more ahead. This will certainly be a summer of discontent in the communities along the pipeline’s proposed route and elsewhere in British Columbia and across Canada; with plans for rallies, protests and blockades already coming together. There is much to come in the courts as well, with several legal challenges already underway and others soon to follow.

There is, to say the least, much fodder for both protests and . . . [more]

Posted in: Justice Issues

Become a Five-Tools Project Manager

Baseball scouts dream of finding up-and-coming five-tools players. These rising stars hit for power, hit for average, speed around the bases, throw accurately, and field their positions well. Every position player in the major leagues has solid grades on at least a few of these tools, but only a handful have mastered all five.

Legal Project Management, as well, has five tools, each corresponding to one of the five areas you can manage:

  • Manage the project, starting with the project charter.
  • Manage the client, starting with the Conditions of Satisfaction.
  • Manage time, starting with the Off Switch.
  • Manage money, starting
. . . [more]
Posted in: Practice of Law

Motivation

In 1978 China abandoned a planned economy that the government thought could facilitate productive forces and would guarantee fairness. Li Yining, a professor of economics at Peking University stated that China was wrong on both counts. See How China’s Leaders Think (2010), by Robert L. Kuhn, page 98.

Professor Li states “After several decades under the planned economy, the facts tell us that enterprises and people are not motivated – and without motivation, productive forces cannot develop. Under the planned economy, there is no competition, no equal opportunities, and no freedom to relocate. ….. After the Cultural Revolution, China’s economy . . . [more]

Posted in: Legal Publishing

An Exciting Time in Canadian Competition Bureau Policy – Substantive Guidance on Reverse Payment Patent Settlement Agreements May Be Imminent?

As part of the Canadian Competition Bureau’s revisions to its IP Enforcement Guidelines, some stakeholders have requested guidance on “new” issues of concern in the Competition Law area – including reverse payment patent settlement agreements. Prior to publication of the first Draft Update of the Guidelines (“Phase 1 Update”)[1], the Bureau held a Workshop to consider issues regarding competition and the pharmaceutical industry[2]. Having regard to the high cost of pharmaceuticals ($34.5 billion in 2013), and the recent decisions of the US Supreme Court and European Commission finding that reverse payments are “valid targets for antitrust . . . [more]

Posted in: Intellectual Property