Canada’s online legal magazine.

Archive for January, 2014

The Public / Legal Profession Divide in Access to Justice

We need to change our primary focus. Too often, we focus inward on how the system operates from the point of view of those who work in it. ….. The focus must be on the people who need to use the system. … Litigants, and particularly self-represented litigants, are not, as they are too often seen, an inconvenience; they are why the system exists. … Until we involve those who use the system in the reform process, the system will not really work for those who use it.
National Action Committee on Access to Justice in Civil and Family Matters, . . . [more]

Posted in: Dispute Resolution

Shylock’s Appeal on CBC Audio

Back in 2012, at the end of the Stratford Festival’s season, the CBC arranged to have a mock appeal by Shylock of his conviction in Merchant of Venice, argued under current Canadian law and before an august court of lawyers and judges. Now the CBC’s Sunday Edition has released a 22 minute audio file of that hearing. Given Omar’s post today on the BCCA judgment about a fee arrangement, I thought this might be apt.

The five-person bench was stellar: Patricia Jackson, Justice Ian Binnie, Chief Justice Beverley McLachlin, Earl Cherniak, and Mayo Moran.

As were the counsel: Sheila . . . [more]

Posted in: Justice Issues, Miscellaneous

Contingency Fee Lawyers Are Not Venture Capitalists

The Court of Appeal for British Columbia released a scathing judgment in Mide-Wilson v. Hungerford Tomyn Lawrenson and Nichols on New Year’s eve, upholding a Supreme Court decision earlier in the year which had reduced legal fees in a contingency arrangement from nearly $17 million to $5 million, in the interest of maintaining the integrity of the legal profession. The decision has implications for the understanding and application of contingency fee arrangements, which should be reviewed for contingency lawyers when evaluating the monetary worth of work in progress on their files.

The matter dealt with the million dollar estate of . . . [more]

Posted in: Practice of Law: Practice Management, Substantive Law: Judicial Decisions

Protecting Yourself From Cybercrime Dangers: Lock Down and Protect Your Data Wherever It Is

Cybercrime dangers are many, complex and ever-changing. Hardly a day goes by without another news report of a data breach or other cyber-related scam or theft. Cyber criminals have considerable resources and expertise, and can cause significant damage to their targets. Cyber criminals specifically target law firms as law firms regularly have funds in their trust accounts and client data that is often very valuable. This article, from the December 2013 issue of LAWPRO Magazine, reviews the specific cybercrime dangers law firms need to be concerned about, and how they can mitigate their risks.

Long gone are the days . . . [more]

Posted in: Technology

Smelling the Roses

A few days ago, my forty-five-year-old sister-in-law died at 3:52 am, with cancer ravaging her body. She and my brother-in-law were best friends, boon companions and soul mates. My sister-in-law leaves behind a bewildered husband and three children. Twelve weeks ago, she was a happy woman with no cares, a great family and a wonderful husband. Today she is dead.

This is not an uncommon story, as one in three of us in Canada will be affected by cancer in some form or another in our lives. What is uncommon is that by and large we do not seem, as . . . [more]

Posted in: Practice of Law

Protecting Yourself From Cybercrime Dangers: Stump Hackers by Changing Key Default Settings

Cybercrime dangers are many, complex and ever-changing. Hardly a day goes by without another news report of a data breach or other cyber-related scam or theft. Cyber criminals have considerable resources and expertise, and can cause significant damage to their targets. Cyber criminals specifically target law firms as law firms regularly have funds in their trust accounts and client data that is often very valuable. This article, from the December 2013 issue of LAWPRO Magazine, reviews the specific cybercrime dangers law firms need to be concerned about, and how they can mitigate their risks.

Changing the default settings for . . . [more]

Posted in: Technology: Office Technology

The Friday Fillip: Falsetto, Fry and Folderol

When my voice broke it sort of didn’t. I’d been hoping for one of those giant stomach-flipping plunges you’d get at the county fair’s Turbo Drop, where at the end I’d step out of the chrysalis as a basso profundo — or even (just) a plain old baritone. The universe has a peculiar sense of humour, of course, and so I emerged as a pretty decent first tenor, which meant I actually had to use this high singing voice — and make the first of a number of emendations in my definition of masculinity.*

Voice. Hearing. Say what . . . [more]

Posted in: The Friday Fillip

Another Valuable Virtual Conference

During two weeks in mid-December the U. S. Government Printing Office (GPO) held a virtual meeting, “Expanding the Forecast Framework: Engage & Discuss,” which focused on ways to map the future of the Federal Depository Library Program (FDLP). GPO has been distributing federal documents to a variety of libraries, including law libraries, since the program was established by the Depository Library Act of 1962. Currently there are over 1,200 libraries participating in the program. 

Over the years the FDLP has shifted from distributing only print publications to some microfiche and finally to digital formats. Now print distribution is limited to . . . [more]

Posted in: Legal Information

Protecting Yourself From Cybercrime Dangers: Keep the Bad Guys Out With a Firewall on Your Internet Connection

Cybercrime dangers are many, complex and ever-changing. Hardly a day goes by without another news report of a data breach or other cyber-related scam or theft. Cyber criminals have considerable resources and expertise, and can cause significant damage to their targets. Cyber criminals specifically target law firms as law firms regularly have funds in their trust accounts and client data that is often very valuable. This article, from the December 2013 issue of LAWPRO Magazine, reviews the specific cybercrime dangers law firms need to be concerned about, and how they can mitigate their risks.

When you are connected to . . . [more]

Posted in: Technology: Office Technology

A New Year’s ‘Resolution’ for Display Screens

There hasn’t been much reason to upgrade the screens we look at in recent years. Our consumer attention has been fixated on mobile technology, and there haven’t been any real “game changing” reasons to upgrade the screens for our fixed location devices. On average, the monitors we use at work, or the ‘big screen’ TV in our homes, haven’t been upgraded in quite some time.

In 2014, however, we may finally have reason to upgrade these fixed location screens. New ultra-HD, or ‘4K’ resolution displays, may make the upgrade decision worth revisiting. Resolutions on these devices are quadruple what most . . . [more]

Posted in: Technology: Office Technology

Protecting Yourself From Cybercrime Danger: Address Security Vulnerabilities by Installing Operating System and Program Updates

Cybercrime dangers are many, complex and ever-changing. Hardly a day goes by without another news report of a data breach or other cyber-related scam or theft. Cyber criminals have considerable resources and expertise, and can cause significant damage to their targets. Cyber criminals specifically target law firms as law firms regularly have funds in their trust accounts and client data that is often very valuable. This article, from the December 2013 issue of LAWPRO Magazine, reviews the specific cybercrime dangers law firms need to be concerned about, and how they can mitigate their risks.

There are millions of lines . . . [more]

Posted in: Technology

Thank Goodness for the NSA! — a Fable

If it weren’t for the U.S. National Security Agency’s trying to spy on everyone in the world, Bleeker Street Law would have been a cooked goose.

Back in 2013, we had a group of clients from a particular country applying for refugee status here in Canada. Because the NSA spying was in the news, we did a forensic audit of our computers, just to be safe. We promptly discovered that we had been hacked. Not by our clients’ former national security service, or by the NSA, but by a for-profit organization. A set of aspiring criminals had broken our security . . . [more]

Posted in: Technology: Office Technology