There has been quite a bit of controversy in the past few years about the use of experts in court, the appropriate role of experts in assisting judges, the subject matters upon which experts may testify and the ever-present problem of experts being hired by parties yet having to remain neutral in the search for the truth.

Recently, this issue has been debated outside legal circles. In the wake of high profile crimes such as that of Guy Turcotte who killed his two young children in 2009, the media has grabbed hold of these questions and asked how it is . . . [more]

On January 23, 2014, the Supreme Court of Canada released its decision in the case of Hryniak v. Mauldin, in which it signaled a fundamental shift in the way that summary judgment motions are to be handled in the Province of Ontario.

A scheduling decision, released last week by Justice Brown of the Commercial List in Toronto, provides the first insight as to how summary judgment motions may be changing on a practical level.

Justice Brown noted, correctly, that it is conceivable that parties may end up having to make up to three appearances in connection with motions . . . [more]

One of the ideas that surfaced in the lively discussions at the OBA’s Civil Litigation program which I co-chaired last week, was the importance of “face time” between counsel, as a means of improving communication, reducing hostility and keeping lawyers focused on the efficient and economical resolution of disputes.

The view was expressed that counsel sometimes adopt a tone in emails that they would not use in person. Someone has described this as ”courage from a distance”.

At the break I was introduced to a California practitioner in the audience who informed me that the rules of procedure in that . . . [more]

I suspect we will all be talking about Heenan Blaikie for a while, on Slaw and elsewhere.

Both Mitch and Gabriel have weighed in on this some more already, so I’d like to add here to my previous post on the subject and my brief interview with Drew Hasselback in the Legal Post.

Much of the commentary has tried to figure out what went “wrong.” Hasselback’s most recent article suggests that it was not strictly financial,

Just a month ago, things were looking good. Billings had hit a near-record $35-million for the month of December. And the full-year financial

. . . [more]

Listening to Roy Heenan give his spin on the demise of his law firm, I couldn’t help but hear the strains of Elton John’s “Funeral for a Friend” in my head.

It will be some time before the full back story of this debacle will be known. But in my view, Heenan Blaikie died from a combination of greed, poor management and failed leadership wrapped together in an antiquated business structure ill-suited to “more for less” client demands in a marketplace gradually filling with non-traditional competitors.

As I have said repeatedly, the Canadian legal profession is now entering the . . . [more]

In recognition of Black History Month, I like to dedicate one blog post in February to a black person in the legal realm whose achievements deserve acknowledgement. This year, I selected Leonard Austin Braithwaite. . . . [more]

Following up on Omar’s recent post on an impending announcement from Heenan Blaikie regarding its future, the firm announced last night that it was winding up operations. This announcement has sent sent proverbial shockwaves through the legal community. It’s also made front-page headlines in many major newspaper across the country - something I haven’t seen before.

The Globe & Mail released an article last night and followed up with print articles this morning:

The firm said in a release late on Wednesday that an “orderly wind-up” will span several months and make it possible to “ensure a harmonious transfer” of

. . . [more]

I was surprised to receive a factum last week that omitted an overview statement. Most people now include an overview statement even though some Rules of Court do not expressly require one.

The overview statement is the most important part of any factum. Its purpose is to explain what the case is really about. Too short, or not enough context, and the first opportunity to persuade is lost. Too long, or not sufficiently focused, and the reader is left confused rather than primed to understand the subsequent argument.

When I am drafting a factum (or even a letter, or a . . . [more]

Cybercrime dangers are many, complex and ever-changing. Hardly a day goes by without another news report of a data breach or other cyber-related scam or theft. Cyber criminals have considerable resources and expertise, and can cause significant damage to their targets. Cyber criminals specifically target law firms as law firms regularly have funds in their trust accounts and client data that is often very valuable. This article, from the December 2013 issue of LAWPRO Magazine, reviews the specific cybercrime dangers law firms need to be concerned about, and how they can mitigate their risks.

Every law firm has huge . . . [more]

We haven’t mentioned this previously, and I only just discovered it this weekend: “Making Rain“, the business development practice management coaching video column from Canadian Lawyer Magazine, hosted by certified executive coach Debra Forman of Pinstripe Coaching. Started in March 2010, these brief monthly videos give practical advice on business development for lawyers.

In the latest episode, Forman provides twelve resolutions for the coming year (one for each month). This series is a worth a look.

The full series is available from the Canadian Lawyer video listing. . . . [more]

What is the scope of the advocate’s duty to act fearlessly in the conduct of a client’s case?

A hearing was in progress in the UK last week before a Bar Standards Board disciplinary tribunal over the way in which a barrister conducted a criminal defence.

The BSB has charged professional misconduct against the barrister.

Among the five charges is the fact that the barrister cautioned the jury to view the judge’s summing up as they might regard a salesman’s patter.

The defendant was convicted, and appealed on grounds including that his barrister’s conduct at trial was unprofessional and provocative . . . [more]

The national law firm of Heenan Blaikie is expected to make a huge announcement this week. We’re not quite sure what the details of the announcement it, but it will likely involve some form of restructuring, merger or dissolution of the firm.

Although we have several Slaw contributors who are this firm I expect they are unable to comment on this publicly. Yet it’s a big enough event that it will invariably lead to further discussions about the legal market in Toronto in years to come.

The rumours started on Thursday with the departure of several partners to other Bay . . . [more]