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Archive for ‘Columns’

The Professional Business Plan

Many professionals find developing a business plan a daunting and somewhat scary thing to do. In law, so much of what a professional does is taught and yet one of the most important parts of practice – finding and keeping clients – is not. Lawyers like things that are definable and business plans can be made to be just that.

If we break down a business plan to its simplest form, there are three areas: Objectives;
Strategies; and Action Plans.

Well conceived Objectives will help focus towards specific results, provide targets, define success, minimize subjectivity and establish a framework for . . . [more]

Posted in: Legal Marketing

Beware of Obviosities: Can the Obvious Ever Be a Settled Question?

A long time ago – sometime back in the last millennium, as a I recall – Michael Enright, the C.B.C. host and motorcycle rider – during yet another debate on gun control, said of the bill then before Parliament, “I should think it would be an obviosity.” Besides any other criticism of this neologism, the case for (or against) gun control is anything but obvious. Any legislative proposal that divides the country almost evenly in half does not deserve to be called an “obviosity.” I have not heard this noun used since, and I remain, by and large a keen . . . [more]

Posted in: Justice Issues

Motherhood and the Road to Partnership

On Mother’s Day, I sat down to write this blog – and reflected on the extra challenges that women associates still face in making it to partner. This is despite the fact that most law firms have generous maternity leave policies. From the firm’s perspective, their greatest challenge in developing more women partners is the loss of very good senior women associates from the partnership track, particularly at the six year call level – just when firms are considering associates for partnership. Why is this? It is not because women lose interest in becoming partners after six years of call, . . . [more]

Posted in: Practice of Law

The Price of Open and Free

On May 1st, a Texas law student uploaded the specs for 3D printing of a single-shot pistol to the web – specs that were downloaded over 100,000 times before the U.S. State Department asked that he remove them from his site. That same day, May 9th, U.S. President Barack Obama issued an executive order “Making Open and Machine Readable the New Default for Government Information.”

The juxtaposition highlights how open data efforts are generally considered contributions to freedom of information and the advance of human liberty, but occasionally thought of as dangerous incursions into privacy or threats to . . . [more]

Posted in: Legal Information

Point and Touch

Touchscreens have made a difference. Until fairly recently, the assumption could normally be made that people would provide input to their machines using a keyboard or a mouse. But not now.

The people have spoken: we want touchscreens. Touchscreens more than justify the disruption they have caused. We need calm too, though, and that's still a work in progress. This posting reviews some recent developments on the software standardization front concerning "pointer events" and "touch events".

Background

Touchscreen technology has actually been around since the 1960s. A great review of the history is available in Bill Buxton, "Multi-Touch Systems that . . . [more]

Posted in: Legal Technology

Virtual Conference Going: A Mixed Blessing

One of the conferences I go to for a quick and painless technology update is Computers in Libraries (CIL) held in Washington, DC in the spring. I first came to it in 2000 when a friend of mine loaned me her press pass for the last day of the conference. At one of those sessions I was pleasantly surprised to learn about virtual reference service at Northwestern University Library, only a few miles from where I was working at the time in Chicago. I was hooked and have been to almost every CIL since then. 

After I retired, however, I . . . [more]

Posted in: Legal Information

The Perfect Storm of Open Access

A colleague writes of what seems like the perfect storm of open access hitting the students with whom she works…

My students and I publish in the journal Evolution: Education and Outreach published by Springer. Great outlet for our work. But, they just went open access (good).The cost to publish for an author now is $1,600 (bad). For grad students, this is prohibitive. I told my dean and she said there is no money to support grad student publications. That wasn't surprising. Do the math: 60 students times several pubs a year at that cost would be a significant chunk

. . . [more]

Posted in: Legal Publishing

As Goes Access to Law School, So Goes Access to Justice – Part I

[The memosphere strikes again! Between submission and publication of this column, Omar Ha-Redeye posted a very informed and insightful Slaw entry entitled, "Access to Justice Starts With Legal Tuition". Playing Bell to my Meucci (that reads rather strangely), Omar covers much of the same analytical territory as me—with the bonus of journalistic rigour. Still, I like to think that both posts deserve your attention.]

A lot happens in a year, and the Quebec student protests that dominated the news last spring are a distant memory now. The students went back to school, Quebec elected a new government that . . . [more]

Posted in: Justice Issues

Patentable Subject Matter – New Notices From Canadian Patent Office, Anticipated Issues for the Court?

The Canadian Intellectual Property Office (“CIPO”) has recently published two notices for patent examiners relating to patent interpretation[i], and in particular computer-related/business method type patents. These notices were released following a 2011 Federal Court of Appeal decision – CIPO v Amazon, 2011 FCA 328 (“Amazon”). In Amazon the FCA instructed the patent office on how to evaluate a patent application to determine the threshold issue of whether it covers patentable subject matter. The FCA held that patent claims must first be purposively construed before one can evaluate whether the claimed subject matter covers acceptable (ie. patentable) subject matter. . . . [more]

Posted in: Intellectual Property

Mediating at a Distance: Will We Embrace the Challenge of Technology?

In his new book “Tomorrow’s Lawyer”, Richard Susskind claims that there are at least 13 “disruptive technologies” in law. A “disruptive technology” is one that fundamentally challenges and changes the functioning of a firm or sector (as opposed to supporting and enhancing current operational methods). He predicts that collectively these 13 technologies will transform the entire legal landscape.

He includes “online dispute resolution” or ODR in this group. He uses a very broad definition of ODR:

When the process of actually resolving a legal dispute, especially the formulation of the solution, is entirely or largely conducted across the

. . . [more]

Posted in: Dispute Resolution

Hacking Back: The Next Big Thing? I: Criminal Considerations

The more interconnected the world becomes, the more people (businesses, governments) are exposed to harm generated online. “Cyberthreats”have become a leading source of worry for many knowledgeable people. The Internet is a dangerous place. Hacking that was once the domain of geeks wanting to show off their exploits is now big business, with division of labour (those who collect the information pass it on to those who use it) and serious resources. Tools for most forms of nastiness are readily available for sale at reasonable prices.

Crime has been joined by state and perhaps private espionage in the . . . [more]

Posted in: Legal Technology

Wake Up! Speak Up! Shake Up!

Jordan Furlong published another great column recently about how the word the word "disruption" is being used to describe many changes in legal practice and technology. He points out that the word is most often used to describe legal process innovation. The comment boards lit up with discussion of what may or may not be disruptive. I agree with Jordan and other commenters that improving legal process or process innovation is not really disruptive. Examples of legal process innovation abound, but they mostly just introduce efficiencies into practice (for example, by standardizing steps in common procedures). On the other hand, . . . [more]

Posted in: Legal Publishing