Canada’s online legal magazine.

Archive for ‘Reading’

Where Does Memory Come From?

The human memory is crucial to a trial. It is the essence of a lay person’s testimony. So where does memory come from?

In the Organized Mind neuroscientist Daniel Levitin explains.

When we experience an event, a unique set of neurons is activated. The act of remembering something is a process of bringing back on line those neurons that were involved in the original experience… Once we get those neurons to become active in a fashion similar to how they were during the original event, we experience the memory as a lower-resolution replay of the original event. If only we

. . . [more]
Posted in: Reading: Recommended

Avoiding Limitation Period Pitfalls

This article is by Jordan Nichols, claims counsel at LAWPRO.

It is one of a lawyer’s worst nightmares: missing a limitation period. It can be a very easy mistake to make and yet the consequences can be enormous.

There are numerous “pitfalls” that can lead to missed limitation periods and other limitation period problems. Some of these pitfalls are relatively easy to avoid whereas others can trip up even the most skilled and careful of lawyers.

The following is an overview of some of the more common limitation period pitfalls that lawyers encounter and some tips on how to avoid . . . [more]

Posted in: Practice of Law, Reading: Recommended

Keeping Up With the Joneses (Or Not)

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

Young lawyers often talk about the stress and burden of debt. If there is one piece of advice worth giving, it is a simple one: spend less than you earn.

As a new lawyer, I was excited when I received my first paycheque. I forget what I spent it on, but I remember it disappeared as soon as I received it. Soon I was living paycheque to paycheque. How could it be possible to live hand to mouth on Bay Street?

Turns out, it was easy. Perry . . . [more]

Posted in: Reading: Recommended

How Neuroscience Awareness and Evolutionary Psychology Can Help Lawyers Avoid Claims and Offer Better Client Service

This article is by Nora Rock, corporate writer and policy analyst at LAWPRO.

The success of books like Malcolm Gladwell’s Blink and Norman Doidge’s The Brain that Changes Itself, has brought discussion of neuroscience out of the medical lab and into everyday conversation. The potential for what we know about the brain to be used to our advantage in the business and professional realms has spurred a growing body of research, and lawyers are beginning to pay attention.

From LawPRO’s perspective, the most interesting implication of this research is that a basic understanding of neuroscience may provide lawyers . . . [more]

Posted in: Reading: Recommended

Life Sentence: Stories From Four Decades of Court Reporting

In Christie Blatchford’s book Life Sentence: Stories from four decades of court reporting – or, how I fell out of love with the Canadian justice system, Blatchford critiques the judicial system. Her critique is centred on her personal experiences and on several court cases.

In particular, she recalls an exchange she had with a lawyer, while observing a trial. During their conversation, she accidentally cited the wrong case when he immediately corrected her. Stating that “in those few minutes was illustrated so much that is enraging about the broader justice system: Its collective overweening self-satisfaction; its increasing deference to the . . . [more]

Posted in: Reading

Reduce Communication-Related Claims by Understanding Cognitive Bias

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

Understanding cognitive biases can help reduce communication-related claims, which are the biggest source of malpractice claims. While many cognitive biases are dealt with by following some common sense principles, others are not as obvious. From anchoring effect to decision fatigue, knowing how your client makes decisions can help you build rapport with your clients, effectively give recommendations, and help ensure you and your client are on the same page.

1. Let your clients make a good decision –decision fatigue

Decision fatigue has perhaps the highest profile of . . . [more]

Posted in: Reading: Recommended

Wellness & Balance: Are You a “maximizer” or a “satisficer”?

This article is by Nora Rock, corporate writer & policy analyst at LAWPRO.

The last time you bought a house or searched for a rental apartment, how did you choose, and how did you feel about your choice afterward?

Psychologists studying the relationship between how we make choices and our life satisfaction have found that those who put the greatest effort into making choices are rewarded with less happiness.

In his book The Paradox of Choice, Dr. Barry Schwartz, a professor of psychology from Pennsylvania sorts decision-makers into two broad categories. “Satisficers” settle promptly on the first option that . . . [more]

Posted in: Reading: Recommended

Are You a “maximizer” or a “satisficer”?

This article is by Nora Rock, corporate writer & policy analyst at LAWPRO.

The last time you bought a house or searched for a rental apartment, how did you choose, and how did you feel about your choice afterward?

Psychologists studying the relationship between how we make choices and our life satisfaction have found that those who put the greatest effort into making choices are rewarded with less happiness.

In his book The Paradox of Choice, Dr. Barry Schwartz, a professor of psychology from Pennsylvania sorts decision-makers into two broad categories. “Satisficers” settle promptly on the first option that . . . [more]

Posted in: Reading: Recommended

Reduce Communication-Related Claims by Understanding Cognitive Bias

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

Understanding cognitive biases can help reduce communication-related claims, which are the biggest source of malpractice claims. While many cognitive biases are dealt with by following some common sense principles, others are not as obvious. From anchoring effect to decision fatigue, knowing how your client makes decisions can help you build rapport with your clients, effectively give recommendations, and help ensure you and your client are on the same page.

1. Let your clients make a good decision –decision fatigue

Decision fatigue has perhaps the highest profile of . . . [more]

Posted in: Practice of Law, Reading: Recommended

Reduce the Distraction From the ‘Casino in Your Pocket’

This article is by Tim Lemieux, Claims Prevention & Stakeholder Relations Coordinator at LAWPRO.

In the early days of email, one of the common bits of productivity advice was “turn off your inbox notifications.” The “You’ve Got Mail” sound or pop-up was a constant source of distraction while trying to get work done. Even with the advent of smartphones that advice was still mostly good enough. The phone meant you could check email everywhere you went, but the distraction was still limited to emails and texts from friends and clients. Jump forward to 2017, and we’re all carrying around what . . . [more]

Posted in: Reading: Recommended, Technology: Internet

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

This post is by Ian Hu, claims prevention & praticePRO 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: Reading: Recommended, Substantive Law

What Do Title Insurers Expect From Lawyers?

Still relatively new in Canada, title insurance is not fully understood by many consumers. Even certain less-sophisticated lenders lack detailed knowledge of the product. The responsibility for explaining title insurance to those who purchase it – and for supporting insureds in obtaining coverage that suits their needs – falls squarely on lawyers’ shoulders.

Lawyers are also responsible for communicating accurately with the proposed insurer about the details of a real estate transaction, the property to be purchased, and the expectations and needs of the purchaser and lender.

At the Law Society of Upper Canada’s recent Real Estate Summit, LAWPRO’s Vice . . . [more]

Posted in: Reading: Recommended