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Archive for November, 2012

Minority Lawyers Can Break Through Stereotypes and Still Remain True to Themselves

By Tiffany Wong

The 6th Annual Conference and Banquet of the Federation of Asian Canadian Lawyers (FACL) was held on November 10th, 2012 at the Toronto Board of Trade. Started in 2007, FACL and has grown from a small conference to a virtually sold out event of hundreds of lawyers, law students and allies from the Asian-Canadian legal community.

This year’s keynote speaker was Don Liu, Senior Vice-President, General Counsel and Corporate Secretary at Xerox Corporation, Recipient of the 2011 Trailblazer Award from the National Asian Pacific American Bar Association (NAPABA), and one of only nine general counsel of a . . . [more]

Posted in: Practice of Law

Wisdom From Consultants

Over the past seven months, I’ve attended several presentations made by consultants to small law firms. Three things that were spoken have stayed with me.

The first was at the launch of the Small Practice Portal of the Law Society of New South Wales, where a speaker addressed a sea of faces from small law firms and said that the number of new solo practices being launched every year in New South Wales was unsustainable. It was one of those “look to your right, look to your left, soon one of you won’t be here” moments.

The second was a . . . [more]

Posted in: Practice of Law

What Keeps Family Law Lawyers Up at Night?

Like many areas of practice, family law is going through a period of change. Both clients and their lawyers are questioning traditional modes of practice. Economic woes both cause legal problems, and leave clients with limited resources with which to resolve them. Stress – for both families in crisis and for their lawyers – is a constant reality. Still, within this challenging climate, family lawyers are expected to work diligently and professionally in the service of their clients’ interests.

To understand how the bar is coping with the demands of modern family law practice, in the August 2012 issue of . . . [more]

Posted in: Reading: Recommended

The Reasonable Refusal to Mediate

I seriously doubt the wisdom of mandatory mediation, for a number of reasons. One is that sophisticated parties who have paid lawyers to advise them, to serve pleadings and to discover evidence, should not be subjected to the additional financial and emotional trauma of mediation where without prejudice settlement discussions have been fruitless.

A UK High Court costs decision last month illustrates the point. At trial a claim for 16 million pounds for breach of a distributorship agreement was dismissed. The claimant argued that although the defendant was prima facie entitled to its costs, there should be a 50% reduction . . . [more]

Posted in: Practice of Law: Future of Practice

Educating the Digital Lawyer – the eBook

You may have already seen this, but it was new to me. In 2010-2011 Harvard Law School and New York Law School hosted a year-long contest of ideas respecting legal education called “Future Ed“. One of the results was the book Educating the Digital Lawyer edited by Marc Lauritsen and Oliver Goodenough. The book explores the question “What will legal education look like as we train our graduates to be effective lawyers in the digital world of the 21st Century?”

Published by LexisNexis, a complimentary copy of the e-book format is available here [note: clicking on this link . . . [more]

Posted in: Education & Training: Law Schools, Practice of Law: Future of Practice

College of Law Practice Management Futures Conference

If you missed the 2012 Futures Conference and Annual Meeting of the College of Law Practice Management in Washington, D.C. late last month (as I unfortunately did), then you also missed out on an extraordinary exploration of change and innovation in the legal marketplace.

Here are two excellent summaries of what went down at the Futures Conference:

• Ron Friedmann of Fireman & Co., co-chair of the conference, published an extensive report at his Strategic Legal Technology blog titled “Overview of the New Legal Normal.” Key quote: “One panelist noted that given how many consumers cannot afford . . . [more]

Posted in: Practice of Law: Future of Practice

Professional Information – Expertise or Answers

There have been times, as a legal and professional publisher, when I have mused on a life without troublesome and quirky authors who take holidays, have families and sometimes put their professional work before their writing commitments. I speculated as to how it would be in an entirely automated world in which the nature of the problem was entered into one end of the over-sized computer and out the other emerged the single correct answer, as was seen in films of a bygone era. Expressed in books, perhaps each chapter or topic would end with “the answer, therefore, is . . . [more]

Posted in: Legal Publishing

Finland Flirts With Crowd Sourced Legislative Initiatives

We brought you timely news about Iceland’s crowd-sourcing of constitutional reform. Now we invite you to look at what Finland is trying. This time it’s not the constitution but rather legislative initiatives that well up from the citizenry. A project called Avoin Ministeriö (Open Ministry) funded by the Ministry of Public Affairs invites citizens to place a legislative proposal online, where others can then vote to approve or disapprove of the idea. A successful idea will be put before the legislature.

The Slate magazine story on this experiment explains “success” this way:

Each suggested law gets six months to gather

. . . [more]
Posted in: Substantive Law: Foreign Law, Technology: Internet

Regulating Student Misconduct on Twitter

Universities across the country are struggling with how to deal with their students’ use of social media. I previously covered the Alberta case of  Pridgen v. University of Calgary, where the court quashed a decision by the university to discipline students who made critical comments on Facebook about a professor. Key to this decision was the university’s actions lacked procedural fairness.

Earlier this year the Alberta Court of Appeal upheld this decision, with three separate decisions. Justices McDonald and O’Ferrall indicated that the Charter analysis undertaken by the Court of Queen’s Bench of Alberta was unnecessary, and upheld the . . . [more]

Posted in: Case Comment, Substantive Law

Security vs. Accessibility

A lot of attention has been paid lately to ‘cybersecurity’, much of it aimed at system-wide security or ‘critical infrastructure’ security, but a good deal also to individual questions of authentication, identity management, vulnerability to hacking/phishing/malware and so on. Among the solutions at the individual level, one finds suggestions about using locked-down versions of documents in PDF, various degrees of encryption and so on.

To what extent is the use of these measures problematic for people who rely on technology to make information accessible to them because of physical or other disabilities? The simplest example is the inability of text . . . [more]

Posted in: Legal Information: Publishing, Technology, ulc_ecomm_list

The Friday Fillip: Birthday

Chances are really good that a few of you among the thousands (yes, thousands) reading this are celebrating a birthday today. It can’t be a dead cert, of course, because there’s no law of nature that requires that anyone in our readership be born on a ninth of November. There is, though, a law (or maybe a regulation) of nature that seems to dictate that approximately the same number of people get born every day. And that being the case, I should be able to estimate the chances that some of you will indeed be blowing out candles today.

Trouble . . . [more]

Posted in: Miscellaneous

Celebrate Numeracy Day

November 10, 2012 is approaching. Tomorrow, in fact.

So? (No, it’s not my birthday.)

In Canada, tomorrow’s date is written 10/11/12.

That’s too good a coincidence to ignore.

Therefore, with no authority to do so whatsoever, I hereby proclaim November 10, 2012 Numeracy Day in Canada.

Behold the power of numbers.

Behold the power of bad statistics to lead us astray. Behold the awesome grip upon us created by throwing around numbers, even when those numbers are cut from whole cloth and do not add up.

Behold the power of metrics. He or she who can wave metrics around truly . . . [more]

Posted in: Practice of Law

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