Canada’s online legal magazine.

Archive for ‘Columns’

5 Resume Tips for the Legal Job Hunter

Resume drafting is it’s own unique torture. First, there’s pressure because you very much want to secure a new job. Second, you can no longer recall much of what you did even a year ago. And on top of that it is really hard to sell yourself. For those of you who have started the New Year with a search for greener career pastures here are 5 tips to help you to create a resume that succeeds at highlighting your unique strengths.

Tip One – Include a summary

The big challenge for job hunters is that the common approach to . . . [more]

Posted in: Practice of Law

Not Just the Best Policy, but Now the Law: The Impact of the Duty of Honest Contractual Performance on Intellectual Property License Agreements

The Supreme Court of Canada recently decided a contractual dispute, Bhasin v. Hrynew, involving businesses selling educational savings plans (ESPs). In doing so, the Court recognized a duty of honest contractual performance. While the Bhasin decision did not concern intellectual property, the Court’s ruling has implications for all contracts, including intellectual property (IP) licensing agreements.

Previously, Canadian law was divided as to whether parties to a contract were required to discharge their contractual obligations honestly or whether the duty of good faith only applied to specific types of contracts, e.g. employment agreements. The Supreme Court’s ruling in Bhasin recognizes . . . [more]

Posted in: Intellectual Property

Marketing Your Law Practice With Email Newsletters

Email newsletters are a marketing tool that can help you to stay in regular contact with current and former clients and strategic alliances, and to create relationships with potential clients. But in order to be effective, your email newsletter needs to provide value to your readers, not just serve as a promotional vehicle for your practice.

In the January 2015 issue of Entrepreneur magazine, content marketing expert Ann Handley, in her article, “Before you hit ‘send’: 13 steps to emails that don’t suck,” says, “[E]mail is the Rube Goldberg machine of online marketing: There are multiple moving parts in what . . . [more]

Posted in: Legal Marketing

Important Legal Technology Developments in 2014

Among his many other activities – including practising law – Robert Ambrogi has been writing a blog on legal technology issues, LawSites, since 2002. His posts are always interesting and often very informative. His posting at the end of last year, entitled The 10 Most Important Legal Technology Developments of 2014, particularly caught my attention.

Several developments, such as those relating to legal research, legal hacking, encryption, and searching court dockets, are outside my particular area of interest, knowledge management. Three, however, were of particular interest to me:

  • Businesses and technology are changing the nature of law practice
. . . [more]
Posted in: Legal Technology

Technological Competence 101: Back to Basics?

Much electronic ink has been spilled in the pages of Slaw over the need for lawyers to up their game when it comes to using technology. In a previous column, I argued that “while technological competence might once have been properly seen as a helpful but optional skill set,….[it] is now essential to delivering effective and ethical legal services”, but then hedged, “[e]xactly what type of technological competence a lawyer needs to have has been debated and, presumably, will constantly evolve as technology itself evolves.” Both of these observations seem unavoidably true. The problem is, however, they only . . . [more]

Posted in: Legal Ethics

New Year, New Arbitration Rules

The ADR Institute of Canada has adopted new arbitration rules, which came into effect in December 2014. The new Rules are significant because they apply to any new arbitration commenced under the ADR Institute rules after December 1. Although the Rules are designed mainly for domestic commercial arbitration, they can also be used for international and non-commercial disputes.

First adopted in 2002 to provide a comprehensive set of national arbitration rules, the last major revision of the Rules was in 2008. The new Rules are the product of an in-depth review and broad consultation that began in 2012. This . . . [more]

Posted in: Dispute Resolution

Tell Better Stories

Podcasting has become something of a recurring joke around my office this year.

One of my colleagues has recently become intrigued by the medium, and is eager to find suitable client or in-house projects where our agency can work in this arena. I’ve been helpfully proposing that every project we discuss is a nail for which this newfangled podcasting hammer would be the perfect tool and teasing her about the cutting edge nature of this technology, which has had native support within iTunes since 2005, and is really but a short technological hop from old-fashioned radio serials that have been . . . [more]

Posted in: Legal Marketing

Is New Law the Answer for Women Lawyers?

Since women entered the legal profession there has been a steady erosion of women moving from private practice to in-house, government and other legal positions that offer a more supportive work environment. This trend may reverse itself with the advent of New Law.

New Law refers to the new model firms that have exploded into the marketplace. Some of these firms operate as legal outsourcers contracting their lawyers to small businesses that want a lawyer on-site but cannot afford a full-time in-house lawyer or to large corporations that have in-house legal departments but need extra assistance from time to time. . . . [more]

Posted in: Practice of Law

How to Find Cases in English Translation, Revisited

Back in 2012, I wrote a Slaw blog post on “Tracking Down the Brazilian Anencephalic Abortion Case, in English.” I thought I’d revisit this frequently-asked foreign, comparative, and international law (FCIL) legal research question and highlight key resources for English translations of case-law.

Generally, it’s difficult to find English versions of cases, but here are some standard tools for locating them by country and topic, as well as general strategies to use.

Research Strategies

Check if someone has already located an English translation of the case. Look for citations in full-text law journal and book databases, as well . . . [more]

Posted in: Legal Information

After the Gates Foundation Open Access Policy

The Bill and Melinda Gates Foundation has demonstrated the power of philanthropy to reshape the world. Among the many instances, an earlier one touching my own area of work, which involves research on public access to research and scholarship, has been the PLOS Neglected Tropical Diseases, which “is the first open-access journal devoted to the world’s most neglected tropical diseases (NTDs) …affecting the world’s forgotten people,” as the journal describes itself. The launch of the journal was funded by the Gates Foundation. The pointedness of its stance matters. The Foundation enabled a new and open journal that changes the . . . [more]

Posted in: Legal Publishing

Browse in the Clear

The Web browser has become a fundamental law practice tool. It’s what you use to get to Google’s web search, and perhaps your Web-based e-mail system, or your cloud-based practice management tool. As you travel across the Internet, you leave a trail behind you. Sometimes that’s on purpose but if you aren’t aware, you may find that the linkages marketers are making with that trail will surprise you. Use Web browser extensions to show, and block, this trail. Extensions can help you to browse and do online research with less clutter.

In Cognito Isn’t In Visible

The first thing to . . . [more]

Posted in: Legal Technology

The Enduring Value of the Mediation Skillset

During Conflict Resolution Week in October, Mediate BC Roster mediators made a number of presentations around the province about mediation. We tried to answer the public’s question: “What is Mediation?” That seems like a simple task – it is not.

First, “mediation” is not just one thing. It is a flexible tool that includes a variety of processes. Some practitioners have tried to catalogue the processes and to assign names (interest-based, facilitative, transformative, narrative, evaluative, rights-based, joint, shuttle, etc.). From the perspective of the people in conflict, each of these processes will look very different and the role of the . . . [more]

Posted in: Dispute Resolution