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Archive for ‘Columns’

Claiming What’s Ours: Preserving the “Public” in the Public Domain

December 30, 2022 was a momentous day in Canada’s copyright history, although it may not have been on the radar of the majority of the Canadian public. That is the date that the term of copyright protection in Canada changed to align with that of the United States, a requirement of the Canada-US-Mexico (CUSMA) trade agreement that came into force on July 1, 2020. Previously, Canada had the shortest copyright term of the three North American countries: the life of the author plus an additional 50 years. The CUSMA agreement forced the extension of that term to life plus 70 . . . [more]

Posted in: Intellectual Property, Legal Publishing

Access to Legal Services: From Sisyphean Quest to a Sustainable Community

“The Access to Legal Services Boulder Was Never the Point”

BC Day 2025 Origins

Like many things Amici Curiae Friends of Court (AC) does, it starts with my waking up one morning and thinking to myself, hmmm, I think we could do better improving the services we provide British Columbians. BC Day 2025 was no different.

For many of us who are working in the access to justice ecosystem, solving these complex issues can feel Sisyphean. Sisyphus was a legendary king who was condemned by Zeus and the gods eternally for his cleverness, to repeatedly roll a heavy rock up . . . [more]

Posted in: Justice Issues

Joy Wears Groucho Marx Glasses

Last night, I danced the night away on a Toronto rooftop with 500 other women at a sober rave. The bass pounded up through the floor, spreading from our feet to our hearts. We moved, sang, drank slushies, laughed. We connected.

It was joyous.

In the way that people often think of joy. It was loud and boisterous and … obvious.

There are quieter joys in life.

I love slipping into used bookstores. Breathing in the musty, paperback smell while I look around till I get a good feeling from a dilapidated book by an author I don’t know. A . . . [more]

Posted in: Legal Information

Push Button Access to Justice: Too Much of a Good Thing?

Ease of access to justice is a good thing but can there be too much access? The Employment Tribunals in the United Kingdom have discovered the downsides of generative Artificial Intelligence (AI) with an inundation of interim applications for relief. The tsunami of recent applications prompted the issuing of new guidance.

Before we get to the tools the employment tribunals have devised to attempt to address the issue, it is worth talking about friction in dispute system design. “Friction” is the effort, steps or complexity involved in completing an action: “Every extra step between intention and action . . . [more]

Posted in: Dispute Resolution

Meanwhile, Law Publishing Life Goes On

The often-blurred lines, as among legal information publishing, legal information technology, legal research tools and beyond, certainly give the impression that the only serious moving and shaking is that which focuses on artificial intelligence, though perhaps almost exclusively at the top end of the legal practice market. It would be safe to suggest, however, that even if law publishing activity is not as we have known it in the past, reports of its death may have been somewhat exaggerated. In recent times, my attention has been grabbed by online soliciting from UK law publishers, among them, for example, . . . [more]

Posted in: Legal Publishing

Tips for Avoiding Catastrophic Language

In my last post, The Dangers of Catastrophizing in Client Communications, I outlined the negative impact of catastrophizing on lawyer well being. While lawyers need to predict outcomes and envision worst-case scenarios, several conditions such chronic pain, anxiety, depression and fatigue are exacerbated by catastrophic thinking. I proposed that our catastrophic thinking could bleed into our client communications and cause them similar harm. We must strike a balance between utilizing our catastrophizing skillset and delivering options to clients in a way that allows them to make informed decisions without causing unnecessary anxiety.

Substituting catastrophic language with more neutral language . . . [more]

Posted in: Legal Information, Practice of Law

The Argument for Encouraging Student Use of AI in First-Year Law

A consensus is emerging in law schools across Canada and the US that AI has no place in teaching the core curriculum, because it impedes student learning, especially in first year. Schools are beginning to follow the University of Chicago’s lead in banning AI in first-year core courses. Some profs are also banning laptops in classrooms — taking every precaution to shield students’ developing minds from the corrosive effects of AI.

Michael Plaxton, one of the leading voices in Canada thinking through the many challenges AI poses to legal education, crystallizes the argument:

“The case for law schools must be . . . [more]

Posted in: Legal Technology

The Law Firm Series

My five-part “The Law Firm” series frames issues and proposes solutions to the global legal service market’s juggernaut triplets – Artificial Intelligence, Pricing, and Talent Transience.

For some unfathomable reason, many law firms have tended not to run as businesses, choosing instead to emphasize top line revenue rather than bottom line profitability.

This is one of the reasons why many law firms have historically considered themselves to be successful. Ironically, it is also why law firm mergers and acquisitions have increased with the speed of summer lightning of late as have insolvencies and failures.

The Juggernaut Triplets

The juggernaut triplets . . . [more]

Posted in: Legal Marketing, Practice of Law

The Learning Opportunities We Don’t Plan For

The beginning of another academic year has me reflecting on what more we can give students beyond the curriculum.

We spend considerable time thinking about what students need to know and what they need to be able to do. We develop learning outcomes, create assignments, design simulations, evaluate learning, and provide feedback. All those things are important. However, some of the most valuable learning opportunities are not found in the curriculum at all.

Sometimes, they arrive in an email.

I remember an interaction with a student from several years ago. The student had sent a series of emails that were, . . . [more]

Posted in: Legal Education

The Wellness Lawyer: “Kindness”

I recently watched a movie, and one of the characters, who was bullied, made a very poignant statement.

She said: “If the person who bullied me decided not to be mean, his life would not have changed… however, my life would have been profoundly different.”

It struck me, that those who are unkind, would not lose anything by being kind. In fact, many benefits are derived from showing kindness to others.

However, as we all know, the person who is on the receiving end of the bullying or unkindness, is affected in ways that reverberate for years, and at times, . . . [more]

Posted in: Practice of Law

Where Are the Law Librarians?

In recent years, the number of law librarians in public sector and academic roles has declined. Most notably, the Ontario Ministry of the Attorney General (MAG) has reduced the staff of its Toronto-based law library to the point that, as of sometime in 2025, it no longer has a professionally staffed law library.[2] In other words, no actual librarians work at the law library of the Ministry of the Attorney General.[3] This deprofessionalization took place quietly and gradually, with no public announcement, no discussion in the legislature, and no opportunity for public scrutiny.

The MAG is not the . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Practice of Law

Shadow AI: A Growing Problem for Canadian Courts

Many generative AI tools are relatively easy to access and use. For example, no technical expertise is required to pull up and type a prompt into ChatGPT, and the most basic version is free. This reality has led to a significant amount of “shadow AI” use within organizations; that is, uses of AI that are not formally approved or are even contrary to formal policies. Concerns about shadow AI commonly arise in the context of private companies, with some studies indicating that over 80% of workers report using unapproved tools at work. Much less discussed – and worthy of far . . . [more]

Posted in: Legal Ethics, Legal Technology

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