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Archive for ‘Practice of Law’

Clients or Customers?

Is the lawyer’s preference for the word “client” instead of “customer” anything more than protectionism for the arcane?

The UK Office of the Legal Ombudsman doesn’t seem to think so.

Three years ago the first press release issued by the Ombudsman’s office deliberately chose the word “customer” to symbolize the change which its arrival heralded. So explains Adam Sampson the UK’s Chief Ombudsman in the Guardian last week.

The view of the Legal Ombudsman, it seems, is that the word “client ” trails behind it habitual thinking about the provision of legal services that neither can, nor should, survive:

The

. . . [more]
Posted in: Practice of Law: Future of Practice

Civil Protest Through Refusing to Plea

Michelle Alexander, a lawyer and professor at Ohio State, wrote an editorial in The Times yesterday, Go to Trial: Crash the Justice System. She provides some background on the current crisis in the American justice system, and how few accused actually realize their constitutional right to a jury,

 …in this era of mass incarceration — when our nation’s prison population has quintupled in a few decades partly as a result of the war on drugs and the “get tough” movement — these [jury] rights are, for the overwhelming majority of people hauled into courtrooms across America, theoretical.

. . . [more]
Posted in: Practice of Law: Future of Practice

The Cloud and Public Bodies in BC

♬ There is no turning back from this unending path of mine…♬

Lyrics, music and recorded by HIM.

The Office of the Information and Privacy Commissioner for British Columbia has released guidelines on cloud computing for public bodies.

You can view the guidelines at the following link: http://www.oipc.bc.ca/pdfs/public/CloudComputingGuidelines(February2012).pdf

There are several interesting aspects to the guidelines:

In addition to the requirement for public bodies to protect personal information no matter where it is, FIPPA also requires public bodies to ensure that, subject to three exceptions listed in s. 30.1 of FIPPA, personal information is only stored in and accessed

. . . [more]
Posted in: Practice of Law: Practice Management

The Lawyer Does Make a Difference

In murder cases in Philadelphia, at least. A study by M. Anderson and Paul Heaton for the Rand Corporation, “How Much Difference Does the Lawyer Make? The Effect of Defense Counsel on Murder Case Outcomes” [PDF] concludes that the quality of the lawyer and the quality and quantity of the lawyer’s work are significant factors in explaining the outcomes of criminal cases.

This conclusion will likely strike any practising lawyer as trivial: one of the beliefs we hold (and cherish) is that our efforts and talents matter, that not all lawyers are created equal. Yet, seen from the . . . [more]

Posted in: Practice of Law

The Role of Law Librarians in Legal Project Management

AALL Spectrum was kind enough to publish in their March 2012 edition my article called “Legal Project Management for Law Librarians” (PDF, 4 pages).

Legal project management (LPM) has already been a popular topic on SLAW for some time now (click here for past stories).

Although the foregoing article is a shortened version of my longer paper from last year entitled “Project Management in Law Firms: A New Role for Librarians?” available on my website, in the 10 months or so between articles I have seen a steady and growing interest in LPM in Canadian . . . [more]

Posted in: Legal Information: Information Management, Legal Information: Libraries & Research, Practice of Law: Practice Management

Université de Montréal Obtains (With Conditions) Juris Doctor National Program

The law faculty at l’Université de Montréal (UdM) has obtained accreditation (with conditions) from the Council of the Federation of Law Societies of Canada (FLSC) to implement their new national common law program and degree of Juris Doctor (J.D.).
Posted in: Education & Training, Education & Training: Law Schools, Practice of Law

Twitter in the Court! Twitter in the Court!

♫ Our generation has changed
The way we communicate
A hundred and 40 characters to say what you’ll say…♫

Lyrics, music and recorded by @gabebondoc.

 

 

The Courts of Nova Scotia are the First in Canada to Enter The “Twitterverse”

The Courts of Nova Scotia have achieved a “First”. They are now “tweeting” news and information about the Courts, decisions of the Courts, and notices to the Bar as a way to better serve the public, the legal profession and the media.

The Nova Scotia courts, on their web page, state that Twitter “replaces a similar but . . . [more]

Posted in: Practice of Law: Future of Practice

A Checklist for Avoiding Conflicts on Lateral Lawyer Transfers

The following article appears in the January 2012 issue of LAWPRO Magazine.

Lateral hiring of partners or associates occurs at firms of every size, and is becoming far more common. In addition to reviewing the transferring lawyer’s credentials and suitability, the transferring lawyer and firm will need to identify and deal with potential conflicts of interest that may arise with respect to clients at the transferring lawyer’s previous firm, and in particular, clients for whom the transferring lawyer worked.

This critical task is not as easy as it might seem on first thought. The hiring firm must have sufficient information . . . [more]

Posted in: Practice of Law: Practice Management

Quality Assurance Scheme for Advocates

I don’t think this idea would go down well in Ontario.

Under the new QASA , UK judges in criminal matters will now rate the levels of advocates appearing before them.

Cases are assigned levels and advocates will only be permitted to appear in cases assigned to their levels and below.

Advocates are assessed judicially , and by an approved assessment organization. The advocate must ask judges for an assessment prior to the hearing, and must be assessed 5 times over a 5 year period. The advocate can choose the best three scores.

Over time advocates can move up the . . . [more]

Posted in: Practice of Law: Future of Practice

Upcoming CBA Webconference: Trends in Law Practice Management – Calculating the Risks

Trends in Law Practice Management – Calculating the Risks

“Trends in Law Practice Management – Calculating the Risks” will be
presented on Feb. 28, 2012, by the CBA’s Legal Profession Assistance Conference, the Canadian Lawyers Insurance Association and the National Law Practice Management and Technology Section live via webconference.

The advantages of cloud computing, virtual or online law practices and unbundling of legal services are getting a lot of press – convenience to clients, reduced overhead expenses, remote access, and enhanced access to justice are among the benefits touted. But there are also very real and practical risks, and ethical

. . . [more]
Posted in: Legal Information, Practice of Law: Future of Practice, Practice of Law: Practice Management, Technology: Internet, Technology: Office Technology

Love Contracts

The Globe and Mail (see here) is reporting today on a recent article from Forbes.com (see here) about so-called “love contracts” in the workplace. The name alone does not necessarily lead to the correct conclusion as to the actual purpose of these contracts: love contracts are meant to be signed between two romantically-involved coworkers stating that their relationship is consensual and that they understand the employer’s policy on harassment.

Indeed, office romances, while not uncommon, can make life difficult for employees and employers alike when they head south. Some time ago, my colleague, Gabriel Granatstein, wrote a column . . . [more]

Posted in: Miscellaneous, Practice of Law

First Ever Twitter Moot: #Twtmoot

♬ Every day create your history
Every path you take you’re leaving your legacy…♬

Music and lyrics by Michael Jackson, James Harris the 3rd and Terry Lewis; recorded by Michael Jackson.

Law students across Canada are about to make history. They are preparing to argue a Legal Appeal using twitter.

Marketwire has reported that Yana Banzen and Kowlasar Misir, two students at the University of Ottawa’s Law School, are gearing up to participate in the world’s first ever Twitter Moot, scheduled for 21st February at 1pm EST.

This Twitter Moot is a project of West Coast Environmental Law. Accordingly, it . . . [more]

Posted in: Practice of Law: Future of Practice