A vodka martini is the libation of choice for the James Bond of film – famously shaken, not stirred. The actor may change but Bond’s drink remains the same: the viewer understands that he likes its taste, he likes its style, its strength; that he has a comfort level with it that will not change.

When it comes to many lawyers’ seeming lack of engagement with the issues facing the future of the legal profession, it has been suggested that, like the Bond of film (though, it must be said, not the literary character) lawyers with a certain amount of . . . [more]

My last post, about alternative fee arrangements, generated a lot (relatively) of comments from both private practice and in-house lawyers. It seems that there is a desire on Slaw to discuss the often hidden world of interactions between private practice lawyers and their in-house counterparts. Having recently made the switch myself, I've found that part of my job to be incredibly interesting and rewarding.

While I don't plead cases anymore, I am still involved in complex legal issues, but am focused more on providing business-orientated advice – making sure that I enable my colleagues to accomplish their mission rather . . . [more]

Recently I gave the closing keynote at a mid-sized insurance company’s annual conference for outside lawyers. The company (which we'll call "Acme") annually invites a selection of their outside counsel to discuss issues of importance to it; the items on the agenda for this year, and for the last few years, have been innovation, providing more client value and finding blue oceans.

Here is a company that totally gets it, AND more importantly, is focussed on working with its outside counsel to achieve results. I see very little of this and so I was greatly impressed; far too often, change . . . [more]

Your tools are a law degree, and a country bound by the rule of law.

Your obstacles are law school debt; an ever-growing access to justice crisis; an economic downturn that has raised the volume on client demands for more services at a lower cost; and a regulatory system made increasingly complex by the globalization of business and trade.

Your mission – should you choose to accept it, Agent LLB – is to find a way of doing business that uses the tools at hand to overcome the obstacles and create a successful legal practice.

This message will not self-destruct, . . . [more]

I now continue sharing some of the lessons I learned from walking the historic pilgrimage route in France and Spain, the Camino Frances, over six weeks in May and June. Sometimes we are our own worst enemies. Fear or a negative attitude can prevent us from getting to where we want to be or getting what we want. We saw this time and again on our walk. Allow me to share two such stories that stand out in my mind:

One day toward the beginning of our trip we had a very long, tiring journey. We arrived into a . . . [more]

There has been a great deal of buzz over Jeff Bezos’s recent purchase of The Washington Post for a fraction of what Facebook paid for Instagram, and also a fraction of what Yahoo paid for Tumblr. How can it be that a venerable old newspaper, guardian of the right of the public to know, with hundreds of employees and thousands of square feet of bricks and mortar be worth far less than smaller companies that simply deal with code?

If lawyers ever needed another reason to believe that the world has changed. This is it.

In my view, it . . . [more]

In a busy hospital emergency room, a triage nurse can literally mean the difference between life and death, as he or she makes the call on who needs to be seen right away, and who can wait for help.

Within the Legal Futures Initiative’s consultation, some tell us that the legal system similarly needs a good triage system “to move parties to the resources they need and to facilitate more efficient use of resources.”

Most lawyers, and law firms, likely have their own forms of triage – a system by which the firm decides who gets what file, who contributes . . . [more]

Last night I pulled my hamstring while making a lunging (and quite dazzling) shoestring catch for our softball team.

How is this relevant to law?

Many commentators have used the old Gretzky adage – don’t go to where the puck is, but where the puck is going to be. It applies the same to baseball. When a ball is hit, fielders mentally calculate the velocity of the ball and its trajectory, then run to where the ball will be. Same with quarterbacks in football – they throw the ball to a spot on the field where the receiver will be. . . . [more]

Access to justice, according to some definitions, includes a public that has some legal literacy – people who are aware of their rights and obligations under the law.

Technology helps promote a form of legal literacy, but some lawyers say it’s a double-edged sword – clients are more willing than ever to participate in the process, says one contributor to the CBA Legal Futures consultation, but they “lack the practical understanding of the limitations of the judicial system to fully appreciate risk.”

Just as some medical patients will research online and then ask their family physician to confirm Dr. . . . [more]

I now continue sharing some of the lessons I learned from walking the historic pilgrimage route in France and Spain, the Camino Frances, over six weeks in May and June. Before we started our journey, the question in our minds was how we were going to sustain walking 20 or 25 (or even 30) kilometres a day, carrying all our belongings? We practiced hiking regularly with our backpacks loaded, but could only really manage time for walking two or maybe three days in a row. How would we walk for 35 days?

After the first two weeks–especially walking through . . . [more]

We are closing in on the dog days of summer and so I was thinking about what greater efficiency, technology and new players do to large firms in Canada.

If a law firm invests more heavily in process improvement, it becomes more efficient – in other words it can do more work with less people or through a different mix of skill sets. The firm will no longer need to hire huge swaths of new lawyers every year as most of any annual growth will be accommodated either by efficiency gains or by better use of non-lawyer personnel to do . . . [more]

Lawyers tend to think of themselves as strong communicators, but they don’t always get their message across to clients.

It doesn’t help that clients aren’t always clear about what they want from lawyers.

This was evident at the mid-winter meeting of the CBA Council, when the Legal Futures Initiative took advantage of the gathering of lawyers from across the country, representing most sizes and types of practice, to find out what lawyers think clients want.

Presented with results from the Initiative’s own survey of client expectations, some lawyers present were a bit taken aback by the idea that clients wanted . . . [more]