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Archive for ‘Practice of Law: Practice Management’

To Succeed Where Others Fail

Almost 70 percent of organizational change initiatives fail. At that rate, you might wonder why law firms – which are notoriously change resistant – would try at all. But they do. And some succeed by taking a more thoughtful approach right from the start.

Change can evoke pain, loss and uncertainty. All too often, change initiatives are communicated in a way that causes people to feel defensive, rather than inspired.

Perhaps it’s a matter of taxonomy; “transformation” or “evolution” might be better descriptions of the adjustments that many firms need to undertake to improve performance and profit.

Regardless of . . . [more]

Posted in: Practice of Law: Practice Management

Why Is Domestic Violence More Often Becoming a Workplace Responsibility?

It is understood that domestic violence has been known to effect employees at work in a number of ways; a recent study shows that the problem is widespread. “Can Work Be Safe, When Home Isn’t,” (PDF) by researchers at Western University and the Canadian Labour Congress, outlines the preliminary results of a Canada-wide survey of more than 8,000 workers on how domestic violence effects workplaces. The results are startling in many ways, but unsurprising in others.

For instance: . . . [more]

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

Why Face Time Matters More Than Ever

No, not the Face Time app on your iPhone, “face time” as in one-on-one meetings with direct reports and others in your firm.

As organizations pursue efficiency by automating processes, collecting loads of data and creating “lean” teams, more of us are deliberately disengaging from our work.

And we often blame management when things don’t improve. Bad management, to be exact. A 2014 Gallup poll showed that companies fail to hire proper management 82% of the time. Ouch.

What exactly makes a “good” manager? Harvard Business Review recently published a summary of research done in studies of knowledge-based . . . [more]

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

2017: Regulating Law Firm Culture

As we say goodbye to 2016, it’s time to embrace 2017. For 2017, law societies should place an emphasis on regulating law firms.

A law firm’s culture seeps into the very make-up of its constituent lawyers. An unethical culture breeds unethical lawyers. An ethical culture breeds ethical lawyers.

In “Regulating Law Firms in Canada“, Professor Adam Dodek states that the absence of law firm regulation undermines the legitimacy of law societies. I agree.

Under the pressure from law firms to meet deadlines, win cases, win motions, appease clients, and surrounded by a certain firm culture, lawyers may find . . . [more]

Posted in: Practice of Law: Practice Management

OHRT Challenges Infamous Family Status Test

Written by Cristina Lavecchia, paralegal, Editor, First Reference

In a recent decision (Misetich v. Value Village Stores Inc.), the Human Rights Tribunal of Ontario (the Tribunal) questioned the value of various past case laws that have introduced and applied different tests for family status discrimination, including the Johnstone test. More specifically, the Tribunal disapproved of the existence of distinct “tests” for establishing family status discrimination. . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Proposed Nova Scotia Accessibility Legislation

On November 2, 2016, the Nova Scotia government proposed accessibility legislation to promote equality of opportunity and increase the inclusion and participation of Nova Scotians who have disabilities or functional limitations in all areas of everyday life by promoting and encouraging the prevention, reduction and removal of barriers.

Moreover, the government intends to help make Nova Scotia a more accessible and inclusive place to live and work. . . . [more]

Posted in: Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation, Technology, Technology: Office Technology

Proposed Manitoba Accessibility Standard for Employment

The Accessibility Advisory Council’s (AAC) is inviting interested stakeholders to provide their views to its initial proposal for an accessibility standard for employment. Therefore, employment is the second of five accessibility standards being developed under the Accessibility for Manitobans Act (AMA).

The purpose of the employment standards is to remove employment barriers for persons disabled by barriers—including the obligation to provide reasonable accommodation—under the Human Rights Code. This standard will have a timeline for compliance, however, all employers must engage in emergency planning one year after the standard comes into effect.

Specifically, the employment standards have the following . . . [more]

Posted in: Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation, Technology: Office Technology

“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

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

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

Dropping the Ball on a File Transfer: Rule 48 Dangers for Ontario Lawyers

This article is by Ian Hu, claims prevention and practicePRO counsel at LAWPRO.

When a file is transferred from one lawyer to another, one danger is when nothing happens on the file due to a clumsy transfer or missing critical information. A new file that has not been looked at can be a ticking time bomb. Deadlines like limitation periods can pass by unnoticed, and Rule 48 administrative dismissal dates can be discovered too late. The resulting malpractice claim can have lawyers pointing fingers at each other. Consider the following tips whether you’re transferring a file or on the receiving . . . [more]

Posted in: Practice of Law: Practice Management