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Archive for ‘Practice of Law’

Fear and Machine Learning: AI and Legal Practice

In late September leaders from legal, business and technology gathered in New Orleans at Clio Con, also know as the Clio Cloud Conference.* Andrew Arruda, ‎CEO and Co-Founder of ROSS Intelligence, delivered a talk called, “Artificial Intelligence and the Law: Science Fiction or Science Fact?

Arruda sets out to clarify some of the misconceptions that surround artificial intelligence and demonstrate how AI is currently being used. He provides examples of AI inside and outside of the legal environment and concludes that if it’s working elsewhere it can work for law too. He then talks . . . [more]

Posted in: Practice of Law: Future of Practice

Québec’s New Signage Laws Comes Into Force on November 24, 2016

Last May we wrote about upcoming amendments to the Charter of the French Language regarding signage in French and trademarks. The amendments received public consultations from May 4 to June 18, 2016. On November 9, 2016, final amendments to the Charter under Regulation respecting the language of commerce and business and the Regulation defining the scope of the expression “markedly predominant” for the purposes of Charter of the French language were published and registered in the Gazette officielle du Québec. . . . [more]

Posted in: Miscellaneous, Practice of Law, Practice of Law: Marketing, Substantive Law, Substantive Law: Legislation

Legal Ethics: Misleading the Court

There is advocacy, and then there is deception. Deceiving counsel should be called out, named, and shamed.

Unfortunately, it is the very lawyers that are so adept at misleading the court that are the hardest to unmask.

Judges should look out for the following red flags to know that something sinister is happening:

  1. Only one party has filed material.
  2. Important documents are intentionally omitted to mislead the court. That way counsel can try to avoid being sanctioned for expressly lying.
  3. Counsel says that the other party “should have known” that a certain point would be argued based on the pleading
. . . [more]
Posted in: Justice Issues, Practice of Law

“The First Thing We Do, Let’s Poll All the Lawyers”

Courthouse Libraries BC (CLBC) just launched its #CLBClawyersurvey2016. Now we’re looking for sweet, precious survey fuel to reach the moon-like destination of 350 respondents—our statistically significant sample. By “survey fuel” I mean, of course, human lawyers in BC capable of clicking through a 10-minute survey. Eligible takers can start the online survey now.

CLBC has a long history in BC. We have served lawyers and the public for over 40 years in (and beyond) dozens of branches in courthouses throughout the province. This survey is the first of its kind for us, and it should help CLBC evolve  . . . [more]

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

Limited Scope Representation Resources

The information and resources on practicePRO’s Limited Scope Representation page are intended to help you understand some of the risks inherent in providing limited scope legal services, and how you can reduce your exposure to a claim when working for a client on an unbundled basis.

LAWPRO’s concern that unbundling could lead to more claims stems from the fact that the biggest causes of claims against lawyers – communication issues and inadequate investigation or discovery of facts – are at least equally, if not more likely, to occur during the provision of unbundled legal services. See this LAWPRO magazine article . . . [more]

Posted in: Practice of Law

Everybody Wants to Rule the World

I’m looking forward to reading Gillian Hadfield’s new book, “Rules for a Flat World: Why Humans Invented Law and How to Reinvent It for a Complex Global Economy,” which was released at the beginning of this month. As reported in a recent article in The Lawyers Weekly, Hadfield has been exploring the relationship between law and technology and how it impacts access to justice.

At a conference on civil justice and economics sponsored by the Canadian Institute for the Administration of Justice (CIAJ) she described it like this:

“We need to attract some of the capital

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

Consulting With Canadians on a Federal Accessibility Legislation

Between July 2016 and February 2017, the federal government is consulting Canadians on planned federal accessibility legislation. The goal of the law would be to promote equality of opportunity and increase the inclusion and participation of Canadians who have disabilities or functional limitations in all areas of every day life. It is expected that the new legislation will incorporate many features from Ontario and Manitoba’s accessibility laws that would include the process or processes that the Government would use to develop the accessibility standards, as well as the areas or activities to which the standards would apply. . . . [more]

Posted in: Justice Issues, Legal Information, Legal Information: Information Management, Legal Information: Libraries & Research, Legal Information: Publishing, Miscellaneous, Practice of Law, Practice of Law: Marketing, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation, Technology, Technology: Internet, Technology: Office Technology

Adverse Cost Protection: What Are the Risks and Benefits?

This article is by Ian Hu, claims prevention & practicePRO Counsel at LAWPRO.

Adverse cost protection is a relatively new insurance or quasi-insurance product which can help lessen the financial blow of a lost case for both the client and lawyer. It may also be called adverse cost insurance, legal expense insurance, or after the event (ATE) insurance. While there is no standard contract or policy, the adverse cost provider will generally pay some amount of costs, fees, and/or disbursements should the client’s case lose. The premium or cost of the contract may be paid as a percentage of the . . . [more]

Posted in: Practice of Law

‘If Not Us, Who? if Not Now, When?’: Reflections on the Law Society’s Challenges Faced by Racialized Licensees Working Group Report

The Law Society debate, set for December 2, 2016, is the most significant acknowledgment of the obligation to address issues of systemic racism within the Ontario legal profession to date. It is a call to action. The Law Society’s commitment is anchored in its 1997 Bicentennial Report and the Report of the Bicentennial Working Group. Much has changed since the Law Society’s largely unimplemented response of 1999 to the Canadian Bar Association Recommendations flowing from the Report on Racial Equality and my own complementary Virtual Justice Systemic Racism in the Canadian Legal Profession Report. In the intervening two . . . [more]

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

How to Win Cases

Conceptually, it’s easy: settle weak cases, try strong cases. When you try strong cases, find the spot where the best interests of your client overlap the most with the best interests of the court and hit it.

But what is this notion of the best interests of the court? Every litigator understands the best interests of the client and their duty to protect them. Many will also remember their duty as officers of the court.

But the best interests of the court is not quite fully the same thing as what litigators honour as officers of the court. It covers . . . [more]

Posted in: Justice Issues, Practice of Law

Learnings From the Legal Trends Report: The Risk of Trusting Self-Reported Data

In last week’s post I talked about the Legal Trends Report, a data-driven benchmarking report based on actual billing data.

This approach an industry first, and as such the Legal Trends Report uncovers a number of interesting insights that I’ll be digging into over the next few weeks.

However, I personally found one most surprising finding of the Legal Trends Report to be the vast disparity between self-reported data and “real” data derived from real-world usage. Take, for example, utilization rate, the percentage of a lawyer’s day that ends up as being billing time. The Legal Trends Report found the . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Technology, Technology: Internet, Technology: Office Technology