One thing that became obvious at ABA TECHSHOW in Chicago this year was that lawyers are embracing tablet devices like the iPad in great numbers. Some people claimed that iPads even outnumbered laptops at the event. I’m not sure if that claim would have stood up to a head count but it was certainly plausible. The little tablets were everywhere.

So, fine, if you’re thinking about bringing a tablet device into your practice I have some advice for you.

Connectivity

There’s no getting around it – most tablet devices are barely useful without some kind of Internet connectivity. You can’t . . . [more]

In the Supreme Court of the United States decision of Kansas v. Marsh Justice Antonin Scalia stated,

It should be noted at the outset that the dissent does not discuss a single case-not one-in which it is clear that a person was executed for a crime he did not commit. If such an event had occurred in recent years, we would not have to hunt for it; the innocent’s name would be shouted from the rooftops by the abolition lobby.

The court was considering the constitutionality of the death penalty in the Kansas, where the statute specifically provided for this . . . [more]

Toronto will have the first court in Canada which will have a formal policy for the kirpan, a ceremonial dagger worn by observant Sikhs. Other courts in Canada may allow the kirpan, including the Supreme Court of Canada, but do not yet have formal procedures in place.

The arrangement came about through cooperation between The World Sikh Organization of Canada, the Ontario Human Rights Commission, Toronto Police, the Toronto Police Services Board and the Ministry of the Attorney General.

Curtis Rush of the Toronto Star explains,

The policy was developed as a settlement of two separate human rights cases.

Those following the US antitrust litigation against Apple and five of the big publishers in respect of ebook pricing by now will have seen Judge Cote’s decision to deny the defendants’ motion to dismiss the class action suit by consumers. The Opinion & Order, In Re Electronic Books Antitrust Litigation 11 MD 2293 (DLC) makes for quite interesting reading. I read a PDF of the Opinion last night, and the Opinion’s also been uploaded to Scribd.

It’s been a long while since I’ve read one of these, but it’s evident from the Opinion that Judge Cote had no difficulty . . . [more]

Big data is a hot trending tech issue. Wikipedia defines big data as “a term applied to data sets whose size is beyond the ability of commonly used software tools to capture, manage, and process the data within a tolerable elapsed time. Big data sizes are a constantly moving target currently ranging from a few dozen terabytes to many petabytes of data in a single data set.”

The initial issue with big data is the ability to actually work with massive data sets – how to store, search, and manipulate it. But the tools to do that are becoming more . . . [more]

Probably the most interesting thing happening in the BC legal world just now is the Justice Reform Initiative launched by the BC government back in early February. The review is chaired by Geoff Cowper, QC, of Fasken Martineau. The terms of reference for the initiative are ambitious. According to the government’s press release: “He [Geoff Cowper] will identify the top issues that are affecting the public’s access to timely justice and what can be done to ensure the efficiencies already underway have the desired impacts while respecting the independence of the judicial system.” The chief justices of the BC . . . [more]

The Quebec Court of Appeal recently rendered a decision clarifying the restriction set out at section 128(1)(a) of the Act respecting the Barreau du Quebec (“Act”), which reads:

128. (1) The following acts, performed for others, shall be the exclusive prerogative of the practising advocate or solicitor:

(a) to give legal advice and consultations on legal matters; […]

According to this section and in order to ensure the protection of the public, certain acts are reserved for lawyers called and registered with the Bar. The illegal exercise of the legal profession reserved to lawyers constitutes a penal offence. Unless a . . . [more]

We have discussed on Slaw the mandatory disclosure of information from Facebook pages in civil litigation, and the disclosure of FB passwords to prospective employers. I do not believe that we have discussed the disclosure of information from FB in the course of a criminal investigation.

A German court has recently ordered disclosure of the content of private messages and pictures from a suspect’s FB pages. A write-up of the case appears in International Law Office.

Is this just another search warrant for a computer? Would courts where you are have any difficulty with an application for such a warrant? . . . [more]

I attended an excellent session on collection development for law libraries at the Canadian Association of Law Libraries Conference last week. The session was titled “Collection Development in an Era of Shrinking Budgets”. The program stated:

Aimed at those involved in collection development in all types of law libraries, this practical session will discuss strategies and best practices for coping with rising prices and shrinking budgets. Our two panelists will share their experiences in courthouse, private and academic law libraries. The session will then be opened up for discussion and comment by all attendees. Come prepared to share your good

♫ I know you’re waiting and you’re so damn nervous
I know you’re hoping that I could explain this
Look in my eyes
I will try and show you…♫

Lyrics, Music and recorded by Rains.

Two different articles hit my desk this morning and I thought they provided a sharp contrast into the divisions within the legal profession and ultimately, the future of the legal profession.

The first was from Kirk Makin writing for the Globe and Mail. His article, “Courts turn to Wired Justice in Push to Cut Costs” contained some interesting quotes. The article is . . . [more]

Here are the three most-consulted English-language cases on CanLII for the week of May 7 – 14.

♨ 1. Bruni v. Bruni 2010 ONSC 6568 [Second week at #1]

[1] Paging Dr. Freud. Paging Dr. Freud.

[2] This is yet another case that reveals the ineffectiveness of Family Court in a bitter custody/access dispute, where the parties require therapeutic intervention rather than legal attention. Here, a husband and wife have been marinating in a mutual hatred so intense as to surely amount to a personality disorder requiring treatment.

[3] In addition to the volatile issues of custody and access, this

Prominent in-house lawyers have warned Australian law firms that legal process outsourcing is no passing fad. Speaking at the Australian Corporate Lawyers Conference, Telstra general counsel Sue Laver said LPO in Australia is the “next wave” in legal services and as clients, Australian corporates needed to be actively encouraging firms to take action.

Malisons’ Stephen Jaques announced last month that it would be offering LPO to all clients where appropriate, following a trial run on a discovery project. According to Sue Laver, as a result of the quality of work and cost savings on the discovery project Telstra would now . . . [more]