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Archive for ‘Columns’

Some Legal Aid Can Never Be Costed

The recent release of the provincial budget in Ontario has many lawyers livid over the proposed cuts to Legal Aid, which amount to almost 30% of its funding. The cuts relate to broader reductions to the justice sector of approximately 2%, from $5.0 billion in 2018–19 to $4.7 billion in 2021–22.

These cuts may appear to stem from what appears to be higher figures for actual “Other Non-Tax Revenue,” which includes legal aid, from the interim projections for the 2018-2019 year, suggesting some concern that these expenses have been growing unsustainably. But a closer look at these figures suggests there . . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions

On Masks and the Practice of Law

Bob wears masks. As he enters a client meeting he digs into his vast collection and dons his client-facing mask. He straightens up and greets his client with a familiar smile. He speaks in a soothing, rhythmic cadence. He maintains utter composure as his client flails about, in turns lost, angry, and pleading. When the meeting is over Bob takes a deep breath. As he returns to his office it occurs to him that of all his masks, this is the one that never seems to fit quite right. It’s a good time for a coffee and a stroll before . . . [more]

Posted in: Practice of Law

AI4A2J

The title of this post stands for Artificial Intelligence for Access to Justice. It sounds a little like buzzword festival. Rest assured however – there is no mention whatsoever of block chain or design thinking further down in the text.

A few months ago we sent out an invitation to industry partners to join Lexum Lab (Lexum’s R&D team) to test a few AI / Deep Learning applications that are in the making. More specifically, Lexum Lab and the Montreal Institute for Learning Algorithms (MILA) are collaborating on the development of a link prediction algorithm for law. . . . [more]

Posted in: Legal Publishing, Legal Technology

A Tale of Two Attorneys-General: Jody Wilson-Raybould and Caroline Mulroney

Twice in the last six months, Canadian Attorneys-General have been encouraged to resist the first ministers of their respective governments. Today, federal AG Jody Wilson-Raybould is widely commended for resisting repeated requests from the PM’s office to change tack on the prosecution of SNC-Lavalin (See Patricia Hughes’ comprehensive Slaw post on the affair).

In September of 2018, Ontario AG Caroline Mulroney was called upon to vote against, or resign from, Premier Doug Ford’s government after Ford proposed to invoke section 33 of the Charter. The Superior Court of Justice had found Ford’s plan to reduce the size of Toronto . . . [more]

Posted in: Legal Ethics

The Rule of Law Is Declining Globally, Canada Is Not Entirely Without Room for Improvement

An annual highlight in the growing calendar of access to justice activities is the release of the World Justice Project (WJP) Rule of Law Index. The 2019 Rule of Law Index, which was released in February of this year, provides a comprehensive look at the state of the rule of law in 126 countries around the world. [1] The Index makes an important contribution in the assessment and advancement of the rule of law. In the words of the report, effective rule of law reduces corruption, combats poverty and disease, and protects people from injustices large and small. For many . . . [more]

Posted in: Justice Issues

ABA TECHSHOW 2019

As we write this, we are a week out from ABA TECHSHOW 2019, which author Simek had the honor of co-chairing along with our longtime friend Lincoln Mead.

There was a lot of conversation before, during and after TECHSHOW about the future of legal tech conferences, especially ABA TECHSHOW itself. Before the conference began, our friends Tom Mighell and Dennis Kennedy recorded a Legal Talk Network podcast on-site on the TECHSHOW EXPO floor discussing the future of legal tech conferences. You may listen to the podcast here.

During the conference, we talked at length with other members of the . . . [more]

Posted in: Legal Technology

Don’t Change You!

We all know the power of personal branding – what it is that makes you unique, stand out or differentiate from the rest. We know that personal branding is huge in our business. The question is how can we help clients make that connection to you? Your brand is a great place to start.

Personal branding is about you. More specifically it is about embracing aspects of who you are rather than changing who you are. Often I hear lawyers talk building their brand while failing to realise that what they are trying to achieve is not part of their . . . [more]

Posted in: Legal Marketing

“Outsiders” and “Insiders” Can Change the Justice System Together

In the last five years, the engagement, skill and experience of individuals representing themselves in the justice system has changed in a number of very important ways. NSRLP has a number of data points to reinforce this observation, including the 2015/16 Intake Report and the 2017 Intake Report which noted:

“Last year we were struck by the growing sophistication and nuance of the tips offered by SRLs to others who face similar circumstances. In 2017, we continue to see very detailed advice offered to other SRLs. Respondents offered personal experiences with preparing court documents, preparing for appearances, how to research,

. . . [more]
Posted in: Justice Issues

The Ombudsman: A Little Bit Country (Sweden) and a Little Bit Rock and Roll (Or Not)

When most lawyers think of administrative law, we think of administrative decision makers and tribunals, or the judicial review process. However, there is an adjunct to the administrative law process that is not technically an administrative tribunal or traditional decision-making body, yet which shares many of the concerns of administrative law. This is the Ombudsman, an administrative agency that may seem obscure to or misunderstood by some.

The Ombudsman is often a place of last resort for citizens who have exhausted all decision making remedies or for whom there is no administrative or legal process that can address their concerns . . . [more]

Posted in: Administrative Law

Law Firm Publications: Moving From Marketing Tool to Legal Information Product

The law firm newsletter has long been a mainstay of client engagement and business development at law firms. As firms moved from paper brochures to electronic communications, readership statistics became increasingly accessible, but the news was not always good.

Whenever there is a significant case or legislative amendment, law firms race to send out an update, but we hear an increasingly common lament, “nobody reads our legal updates”. According to Mailchimp benchmarks, the legal industry is slightly above average with a 21.14% open rate and 2.71% click through rate. While not the worst statistics – there are industries which fair . . . [more]

Posted in: Legal Information, Legal Marketing

Against Supreme Lawyering

Retired Supreme Court of Canada judges can and do practice law in Canada. Law societies’ rules allow this, subject to certain restrictions on court appearances. In this column, I argue that these rules should be changed: law societies should not license retired Supreme Court of Canada judges to practice law in any manner or form.

First, a few important points of context.

The focus here is exclusively on retired SCC judges. There are currently active policy discussions about reforming law society rules that apply to retired judges from all levels of court who wish to return to legal practice (see, . . . [more]

Posted in: Legal Ethics

Moving From Planning to Implementation

Increasingly, law firms are learning to appreciate the value of individual lawyer marketing plans. But paperwork is only the first step. A plan is useless without implementation. Yet how does a firm convince a busy lawyer to implement on those plans?

Too often, in firms that require personal plans, lawyers will begrudgingly prepare them but pay little more than lip service to them thereafter. Some firms put carrots and sticks in place in an effort to ensure implementation. For example, they might tie in part of compensation with successful accomplishment of a lawyer’s personal plan. This has mixed results, as . . . [more]

Posted in: Legal Marketing, Practice of Law

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