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Archive for ‘Columns’

Does This Case Really Exist? – Foreign Law Edition

While reading Susannah Tredwell’s post, Does this case really exist? from last October, I realized how much this question is at the heart of my work. As the Associate Librarian for International and Comparative Law, I joke with my students and colleagues, most people think they don’t need my expertise until they desperately need me. Despite the fact that they come to my office last minute, with multiple deadlines upon them and at the cusp of a nervous breakdown, I do tend to help them with a simple yet existential question: Does this even exist?

When it comes to legal . . . [more]

Posted in: Legal Information

Civil Procedure: Does It Have to Be This Hard?

Trouble sleeping? Try having your phone read the Rules of Civil Procedure to you. You’ll drift off to a soothing stream of minutiae, like sheep jumping over a fence. Very few Big Ideas will excite you. Most rules (not to mention the subrules and the clauses and the subclauses) are about what a party or court must do in a very specific scenario. For example, my civil procedure students always perk up when I tell them about Rule 20.04(4), which explains what to do if a summary judgment motion is deemed to involve only a question of law, but . . . [more]

Posted in: Legal Ethics

Major Changes Coming to Canadian Lawyer Licensing

Transformative change is underway in the Canadian lawyer licensing system. Two of the country’s largest law societies have signalled the impending end of high-stakes, multiple-choice legal-knowledge exams as the primary test of lawyer licensure.

In Ontario, a September report from the Law Society of Ontario (LSO)’s Professional Development and Competence Committee proposed that the current multiple-choice barrister and solicitor exams be replaced with a “mandatory skills-based course with assessments for all licensing candidates.”

The committee identified a lengthy list of problems and challenges associated with the written exam system, including:

  • Written exams fail to assess core practice skills like interviewing,
. . . [more]
Posted in: Practice of Law

The Data Rescue Project: Preserving Government Data Is a Tech & Community Issue

This submission is part of a column swap with the American Association of Law Libraries (AALL) bimonthly member magazine, AALL Spectrum. Published six times a year, AALL Spectrum is designed to further professional development and education within the legal information industry. Slaw and the AALL Spectrum board have agreed to hand-select several columns each year as part of this exchange. 

The Data Rescue Project is an archetypal librarian story. A community of data librarians, researchers, concerned individuals, and organizations sprang into action to preserve U.S. federal government data after it began disappearing from websites at a rapid pace in . . . [more]

Posted in: Legal Information

Revisiting the Ontario Bar Exam

As has been widely reported over the past two weeks, the Law Society of Ontario is considering eliminating the existing bar exams and replacing them with “a mandatory skills-based course with assessments”.

The LSO is currently seeking feedback from lawyers and the public on its proposal to replace the existing barrister and solicitor examinations with an online course involving training and instruction as well as both interim and final assessments by trained lawyers.

Ontario’s Attorney General, Doug Downey, came out strongly against reform, tweeting:

“An objective, written and rigorous test is an important part of proving new lawyers are ready

. . . [more]
Posted in: Legal Ethics

Tips Tuesday: Use Google Street View to Verify Information

Google Street View is a great resource that can be used for a number of different purposes (e.g. travel planning).

While legal research is not really something normally associated with Street View, I’ve used it to confirm whether an address really exists and, if if it exists, what kind of address it is. For example, when it says “suite 270” in an address, is there really a suite with that number or is it the number of a PO Box? 

The ability to go back in time on Street View is also helpful. At the bottom right of the screen . . . [more]

Posted in: Legal Information

Unregulated Tools, Unyielding Duties: AI Risk Management for Canadian Professionals

In my last column, I moved away from regulatory analysis to explore how artificial intelligence may affect specific functions within the legal profession. In this piece, I return to the theme of risk and broaden the discussion to consider the challenges AI presents across all regulated professions.

The rapid development of generative artificial intelligence has already begun to reshape practice across a wide range of professions. For regulated professionals in Canada, including lawyers, physicians, engineers, and others governed by statutory, ethical, and fiduciary duties, these advances bring both significant promise and considerable risk. However, the legal and regulatory frameworks are . . . [more]

Posted in: Legal Technology

The Moral Cost of Delay: Reflections on Managing Judicial Reserves

“Reserves do not improve with age. The longer a decision sits unwritten, the heavier it becomes.”

When the Honourable Deena Baltman (retired) offered this observation during a recent continuing professional development session for Deputy Judges, she articulated something that every judge knows but rarely voices. Her presentation, titled Managing Reserves, was pragmatic and concrete: write promptly, ideally within 48 hours; avoid over-reserving; schedule writing time ruthlessly; resist the temptation to wait for motivation, inspiration, or provocation.

Yet what has stayed with me is not just the efficiency of her techniques but the unspoken premise beneath them: that timeliness in . . . [more]

Posted in: Justice Issues, Legal Ethics

Don’t Close the Book on Libraries: Why Space Still Matters

I understand the reluctance to commute. I’ve been working from home since the pandemic first hit—and I love it. Laundry gets done more often, and my cat (sometimes) appreciates the extra cuddle time.

Remote work has become the norm for many of us. Ontario courts continue to conduct remote and hybrid hearings, and legal professionals have access to excellent online research tools through LiRN-funded courthouse libraries and platforms like CanLII.

So I get why people ask whether we still need physical library space?

The answer is a resounding yes.

Library spaces remain vital, not just as repositories of knowledge, . . . [more]

Posted in: Legal Information

Don’t Let Recent AI Lawsuits Fool You, Users Are Still Greatly Disadvantaged in a Digital-First Ecosystem

The recent barrage of copyright lawsuits involving AI companies has revealed the staggering scale of copying undertaken to train large language models (LLMs). In the recently decided Bartz v. Anthropic case, for example, Judge William Alsup of the U.S. District Court for the Northern District of California notes that the AI firm downloaded millions of books in order to “amass a central library of ‘all the books in the world’” that it could use to develop its AI models and services.

As with the Anthropic case, the majority of these high-profile AI copyright lawsuits are being brought forward by authors . . . [more]

Posted in: Legal Publishing

The Law Firm Pyramid Rollover

Artificial intelligence, pricing, and transience of the legal service sector’s workforce will cause the traditional law firm pyramid structure to rollover like an upending iceberg. The result? By 2030, global legal services will operate much differently than they do now.

Twin juggernauts – AI and Pricing – compounded by continuing transience of the legal service sector’s workforce will take a major toll on law firms unprepared for their impact. This reckoning will upend the traditional pyramid structure with the result being that by 2030, the global legal services sector will operate much differently than it does now.

The countdown clock . . . [more]

Posted in: Legal Marketing, Practice of Law

Making Meaningful Participation Real in the BC Family Justice System

It was very encouraging to hear about the new Early Intervention Program launched by the Society for Children & Youth of BC (SCYBC). This is great news of support for the growing movement to ensure that children and youth are able to meaningfully participate in the BC family justice system. We need your help to get the word out to the legal profession, youth serving agencies, the judiciary and your personal networks.

For too long, many kids whose parents are separating have not been offered the opportunity to express their views on issues that significantly impact their lives – such . . . [more]

Posted in: Dispute Resolution

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada