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Archive for ‘Practice of Law: Future of Practice’

Amendments to the Customer Service Standard Under the AODA Effective July 1

On June 6, 2016, the Ontario government announced that changes to the Customer Service Standard under the Accessibility for Ontarians with Disabilities Act (AODA) will come into force on July 1, 2016, and apply to all organizations providing goods, services or facilities in the province. . . . [more]

Posted in: Legal Information, Legal Information: Information Management, Legal Information: Libraries & Research, Legal Information: Publishing, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Marketing, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Prepare Your Client for Trial and Avoid a Malpractice Claim

This article is by Ian Hu, Claims Prevention and practicePRO Counsel at LAWPRO.

I recently spoke about preparing your client for trial and avoiding a malpractice claim at the Advocates’ Society “Practice Essentials: Managing Your Way to Trial Success” CPD chaired by Emily C. Cole and Norm J. Emblem. The CPD spurred us to create a Client Trial Preparation Checklist to help you cover the bases with your clients. I hope the thoughts below are helpful.

As you prepare for trial, the tendency may be to overlook your client. After all, you have an opening to prepare for, statements of . . . [more]

Posted in: Practice of Law: Future of Practice

Of Cybernetic Shysters, Artificial Intelligence and Guardians of the Rule of Law

“Here I make an intelligent being out of a bunch of old wires, switches and grids, and instead of some honest advice I get technicalities! You cheap cybernetic shyster, I’ll teach you to trifle with me!”
And he turned the pot over, shook everything out onto the table, and pulled it apart before the lawyer had a chance to appeal the proceedings.

– The Cyberiad

Happy Monday! Like F. Tim Knight, I am getting back on the “blogwagon” this morning with an overdue post… also about AI following the session I was a panelist on at the recent Canadian . . . [more]

Posted in: Justice Issues, Practice of Law: Future of Practice, Technology

Highlights From the 2016 LMA P3 Conference

The Legal Marketing Association recently hosted its annual conference on project management, process improvement and pricing (P3) in Chicago. Billed as a forum where innovative practice management approaches are shared, the event continues to showcase progressive ideas and practical experiences from firms transforming the business of law.

It’s wise to take any presentation of best practices with a proverbial grain of salt. But you also have to give credit to those who proactively invest in new ideas and risk failure. That’s something we don’t see enough of in law.

Here are some of the ideas heard at this year’s P3 . . . [more]

Posted in: Education & Training: Law Schools, Practice of Law: Future of Practice, Practice of Law: Practice Management

Future Amendments to the Admission to a Professional Order and Governance Issues

In Quebec, to practise a profession or hold a professional title governed by the Professional Code, a person must have a permit and be a member in good standing of the professional order that governs the exercise of the profession. Quebec has 46 professional orders that supervise the practice of 54 regulated professions.

In response to recommendations in the Charbonneau Commission report on granting and management of public contracts in the construction industry, on May 11, 2016, the Quebec government tabled Bill 98, An Act to amend various legislation mainly with respect to admission to professions and the governance of . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

We Are All Worrying About the Wrong Thing

While lawyers in Canada were debating whether licensed paralegals should have a limited role in family law, and before that contemplating entity-based regulation, alternative business structures, and the articling crisis, change was already happening without them.

This week the century-old American law firm, BakerHostetler, announced they have hired their first digital lawyer, ROSS, the artificial intelligence system based on IBM’s Watson. What can ROSS do for this firm, one of the largest in the country?

According to the ROSS website it can provide a highly relevant answer to a question posed in natural language. You don’t get thousands of . . . [more]

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

Barreau Du Quebec Position on Hourly Billing Report Long Overdue

On March 24, 2016, the Barreau du Quebec (Quebec Bar Association) released a report « La tarification horaire à l’heure de la réflexion » (in French only and translated to say Hourly Billing: A Time for Reflection) calling for an end to hourly billing by lawyers and law firms in the hope of improving access to justice for the public and a better work-life balance for lawyers. . . . [more]

Posted in: Education & Training, Education & Training: CLE/PD, Justice Issues, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Marketing, Practice of Law: Practice Management, Technology, Technology: Office Technology

Lay Legal Advisers

In the UK in 1970 a husband who could not afford legal representation in his divorce proceedings used an Australian barrister, who was not qualified to appear in an English court, to help him. The judge barred the Australian from sitting next to McKenzie at the hearing. McKenzie appealed this decision on the ground he had been unfairly denied help. The Court of Appeal agreed, and according to an article last week in the UK Guardian newspaper, “broke lawyers’ monopoly on providing legal representation”.

There is a healthy industry of lay legal advisers in the UK today. They are called . . . [more]

Posted in: Practice of Law: Future of Practice

More Than Just Rhetorical Questions

I am a professional working woman. My mother was, until her retirement, a professional working woman. My daughter will, I expect, be a professional working woman when she completes her education.

Issues related to the (in)equality of working women therefore are of particular significance to me.

Yesterday was Equal Pay Day in the U.S. This is a day that marks the point in time each year when women in the workforce will have earned enough to catch up to the earnings of men in the previous year. Did you get that?

In the U.S., women need to work for more . . . [more]

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

What Do We Do With All This Data?

It is said that we measure what we value and that we value what we measure. If the adage holds true, law firms’ emphasis on measurement of billable hours points ultimately to their focus on making a profit. This is hardly surprising.

Heather Douglas’ post Metrics: Beyond the Billable Hour, suggests that law firms should measure more than just billable hours and could make use of the valuable data gleaned or already in their possession. Those are good ideas that could support the profit motivation, but may require a different approach to measurement and data gathering, relying on research methodologies . . . [more]

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

The Susskinds on the End of Tomorrow’s Professions

Lawyers like to think they’re unique.

This exceptionalism can explain in part our resistance to change, and our inability to adopt best practices from other industries. Sometimes it limits our ability to recognize that our challenges are part of larger societal trends which everyone is facing.

In The End of Lawyers?: Rethinking the nature of legal services, Richard Susskind explored alternative methods of providing legal services, while pointing to some of the many failings of the existing models of delivery. In Tomorrow’s Lawyers: An Introduction to Your Future, he goes further, and describes the types of new jobs . . . [more]

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

Of Conference Debriefs and #ABATECHSHOW 2016 Chicago Travel Tips

A good conference can leave little time to explore a city itself. Hence, I’ve pathetic little Chicago lore to pass on. No Field Museum meditations, no Magnificent Mile shopping tips. Chicago may not best be described as “the appurtenance to the Hilton along Michigan Ave” but honestly, after attending the 2016 ABA TECHSHOW, I am hardly in a position to describe it any better.

The only souvenirs I acquired bleeped in when I disengaged airplane mode on a layover in Minnesota… 95 Twitter notifications from lawyers and startups I engaged with at the conference. Fellow conference attendee, LSUC’s Phil Brown, . . . [more]

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