Why do businessmen try to avoid litigation?

Consider the lawyerly advice that a poor settlement is better than a good lawsuit. This proverb asks one to consider the money and effort required for a trial, in addition to the risks of a trial.

Most civil legal claims are settled before trial. According to a survey by the U.S. Department of Justice, over 95 percent of civil cases (in state courts) are settled or dismissed without a trial.

Many cases are settled because trials are notoriously risky.

Some lawyers say that there are several risks. One risk is the credibility of . . . [more]

For at least a year now, the magic word in technology circles has been “blockchain” – the accretive cryptographic system behind Bitcoin and other virtual currencies.

A distributed ledger

A blockchain serves as a distributed ledger, a record of transactions or other information that is secure from alteration and that operates without any central authority. Its security derives from the digital signatures required to affect the record. It foregoes a central authority by residing simultaneously on very large numbers of computers on its network (which is what “distributed” means in this context, in contrast with “centralized”.) Each such computer contains . . . [more]

Butterworths was founded in 1818 by Henry Butterworth. I know that this momentous anniversary is being marked and celebrated far and wide. Now more frequently but not always described as Lexis Nexis, the business, with its classic brand name, remains by any measure or description, one of the handful of information icons of the Common Law world.

My own direct connection to Butterworths was fleeting, having worked for it for a short time only in London and Toronto in consequence, in 1996, of its acquisition of Tolley Publishing, where I was divisional chief executive of Tolley Professional Information. However, . . . [more]

The BC Family Justice Innovation Lab is focusing on improving the well-being of BC families and children experiencing separation and divorce. One of its ‘home-grown’ initiatives is called “Youth Voices” as it focuses on the experience and well-being of children whose parents experienced separation or divorce. One of the Lab’s foundational principles is that change must start with those who are the beneficiaries (or users) of the system we are trying to change. We reached out for experiences and lessons from other sectors (including business, healthcare and education) and decided on human-centred design (HCD).

The Lab developed and is testing . . . [more]

I want to raise an SDG 16.3 alarm and appeal for Canada to lead. Let me explain. The Sustainable Development Goals (SDGs) constitute the 2030 development agenda of the world, adopted by the UN’s heads of state and government in September 2015. All efforts on development are coalescing around these goals. Goal 16 is to promote “peaceful and inclusive societies for sustainable development”, provide access to justice for all and build effective, accountable, and inclusive institutions at all levels”. Which is huge. So it’s broken up into 13 targets. My focus is on access to justice. This is target 16.3, . . . [more]

Act One

Our opening scene begins with the internet wreaking havoc on a peaceful copyright countryside where copying and performing are distinct activities that never mix. The internet is changing the way works are distributed for consumption so that now they can be both performed (e.g. streamed) and copied (i.e. downloads) online. Moreover, pre-internet language of one of the performance rights – the telecommunication right – is broad enough to include both activities. The more foreboding menace is that the internet has facilitated widespread piracy through peer to peer networks (P2P). Partly because of the ambiguous nature of these rights . . . [more]

We understand the ethical duties of lawyers and judges in a criminal trial – what they ought to do, what their office requires of them. Sure, we argue about the details (e.g., me on prosecutors), but in general we know what defence lawyers, prosecutors and judges ought to do. Yet as shown by Gerald Stanley’s acquittal by a jury on charges of murder and manslaughter after his admitted killing of Colten Boushie, lawyers and judges are not the only people relevant to the functioning of a criminal trial. Juries also hear evidence and decide outcomes.

So what of jurors? . . . [more]

For Canadian business, the threat of U.S. withdrawal from NAFTA is the biggest and most immediate challenge. Without progress that satisfies the U.S. Administration, the current NAFTA negotiations may end with the U.S. issuing a Notice of Withdrawal that starts the six month clock on formal U.S. withdrawal from the Agreement and the market uncertainty that will likely follow.

Canada can and will survive the U.S. withdrawal from NAFTA. Canada and the U.S. have deep economic ties and market integration that will result in trade between the countries continuing, but on different terms. To address the problem of dependence on . . . [more]

In my column about content marketing, I described it as: “relevant, useful information consistently provided to a specific audience” and likened it to the opposite of advertising. Does that mean that advertising is irrelevant and useless?

Done poorly, yes. Done properly and targeted to the right people, no.

In the average law firm, if there’s a firm marketing budget, it’s lean and includes everything from event tickets to holiday cards. Lawyers may or may not have individual business development budgets, which they guard jealously for pet projects that they’ve always done—without tracking results. The firm might still be running . . . [more]

When it comes to implementing the recommendations of the Truth and Reconciliation Commission, lawyers have unique responsibilities; Calls to Action 27, 28, 29 and 50 are particularly instructive. Today, my colleague Maxine Hayman Matilpi and I reflect on what this means for us as legally trained individuals, our public interest law organization and legal pluralism in Canada.

Trish Monture asserts in Thunder in My Soul: A Mohawk Woman Speaks:

Every oppression that has been foisted upon Aboriginal people in the history of Canada has been implemented through [colonial law] . . . This includes child welfare apprehension, residential schools,

In our October 17^th column, we announced that we would start posting a series of blogs highlighting different papers, studies, and pilot projects conducted under the auspices of the “Towards Cyberjustice” project. As a reminder, this project, which was financed by a Major Collaborative Research Grant from the Social Science and Humanities Research Council, spanned over the last seven years and has made significant contributions in the domain of what many call eJustice (what we refer to as cyberjustice). As stated on the Cyberjustice Laboratory’s Website, the purpose of the project was (although we’re . . . [more]

The problem with trying to value legal information is that we mostly just talk about its price instead of its value. The value of anything is subjective, and correct legal information at the perfect time is worth a great deal, general legal information that isn’t needed at a particular moment is worth much less. This is important because the people who make decisions about how to fund legal information are often not the people who use it regularly and are generally not faced with urgent legal matters at the moment of making decisions about how much to pay for it. . . . [more]