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Archive for ‘Columns’

Multichannel Communication

Companies have stories to tell, pitches to make and information to be shared. Using a “multichannel communication” program sounds pretty cool, but what is it? Is this new? And what channels are available?

To understand multichannel communication, it is important to appreciate that there are different ways of sharing information – push, passive and interactive. Email and social are great ways to push content, whereas as passive methods such as an intranet or posters require people have to seek your content. In person, either through meetings or tools such as YouTube Live, allow for interaction which generally offer the most . . . [more]

Posted in: Legal Marketing

No Longer Is It Possible to Be Both a Good Lawyer and a Good Bencher

The longstanding massive damage and misery being caused by the unaffordable legal services problem (the “accesses to justice” (A2J) problem) compels this conclusion: the problems of law societies are now such that they need an agency that performs a civil service function—one to serve all of Canada’s law societies. The A2J problem has victimized the majority of society for years. It shows that: (1) law societies are the “lynch pin” of the justice system—when they fail, it fails; and that, (2) law societies’ major problems: (a) will be national; (b) require national solutions; and, (c) will be problems for which . . . [more]

Posted in: Practice of Law

Ode to Client-Focussed Programs

When asked, most firms would say that their #1 business goal is to get more work. The only way to get more work for the firm is to get it from existing clients, or to develop new client relationships. It’s well-documented that it’s far easier to get more work out of an existing client than to try to land a new client. But how? Doing good work for your client is a great start, but if it hasn’t expanded the work by now, it probably won’t in future.

Over the years I’ve seen a range of studies by research organizations . . . [more]

Posted in: Legal Marketing

Ransomware: No Honor Among Thieves and More Expensive

The FBI says that ransomware nets cybercriminals $1 billion a year. No wonder so many people want a piece of that pie.

Computerworld recently reported that hackers spreading ransomware are getting greedier. In 2016, the average ransom demand to provide the decryption key for encrypted data rose to $1,077, up from $294 the year before, according to a report from security firm Symantec. Symantec also reported a 36% increase in ransomware in 2016 from the prior year. We are aware of small law firms in Virginia that paid $1200 and $3000 to get their data back – the damage being . . . [more]

Posted in: Legal Technology

Beware the Binders Full of Women (Judges)!

There has been no shortage of press on the conduct and competence of Canadian judges lately. Headlines abound about “Alberta judge who asked sex assault complainant about keeping her knees closed”, the “Hamilton judge who wore Trump hat” and the “Nova Scotia judge under fire for claiming ‘a drunk can consent’” So notorious are concerns about Canadian judges that the comedy show This Hour has 22 Minutes ran a sketch about neighbours being scared when a judge moves in down the street.

More recently, an article ran in the Globe and Mail which appears to suggest another, . . . [more]

Posted in: Legal Ethics

The Accessibility of the LSAT: A Response to Dean Sossin and Dean Holloway

Harvard Law’s recent relaxation of the LSAT requirements by allowing applicants to take the GRE has spurred a debate in the Canadian context about whether it is prudent to maintain the strict LSAT requirements for law school admissions. So far, the deans of two law schools – Dean Sossin of Osgoode Hall and Dean Holloway of Calgary Law – have taken a public stand in support of the LSAT. The arguments cited are not new. The LSAT, it is argued, is a useful comparative tool that allows admission committees to compare the logical reasoning of their applicants. It is also . . . [more]

Posted in: Legal Education, Miscellaneous

The Irony of the Bonkalo Report

Background of Law Students in the Family Courts

We all know the numbers in Ontario’s family courts. At least 60% of parties are unrepresented. They do worse than those with representation. The Family Court Rules are paper-heavy, with many deadlines, complicated financial calculations, and all kinds of forms to be drafted. Family lawyers will tell you it’s difficult enough for them to manage all of this, let alone an untrained individual.

Regrettably, the Family Courts in Ontario are an example of justice for those with money, and little justice for those without. This is one reason why Canadians are losing . . . [more]

Posted in: Legal Education

I, Robot

At 15, I became self-aware. I started working in the public library. Maybe it was earlier. If my memory banks are not malfunctioning and have not been tampered with, I started out shelving books. I do know that I read all the books in the young adult section of the library. Encyclopedia Brown. Ramona. Jo. The Witch of Black Bird Pond. And a book about young Quakers in love. I ended up reading the Large Print books in the adult section. Barbara Cartland. Mary Stewart. Elizabeth Cadell. Westerns. Gothic romances. Mystery suspense. Before I got to anything too risqué, . . . [more]

Posted in: Legal Information

Redesign

Not only do we need to redesign justice systems, we also need to re-design our justice system design systems. Why? Many users of most justice systems are not getting what they could. Moreover, technology and science are changing societies at such speeds that our current factories for making the rules and mechanisms that get justice to citizens can’t keep up. Doing this is tough. It gets in the way of a lot of vested interests, engrained beliefs, lauded legal concepts, and embedded cultures.

If we look at the innovation capacity now, the main innovations we see are what I call . . . [more]

Posted in: Practice of Law

Further Legal Snapshots From the Internet of Things

Interconnected computers – computers that talk to each other – are no longer a novelty. These days, one is more inclined to be surprised by an electronic device, or even an electrical device, that is not part of a network.

We looked at some legal implications of interconnections a few years back. Here are several more, roughly divided into issues about privacy and security (which tend to overlap). Feel free to add others in a comment.

PRIVACY

By definition, interconnected devices communicate information about themselves or their environment, or both, to other devices. That information can and usually . . . [more]

Posted in: Legal Technology

Ask Not for Whom the Bell Tolls…

I was updating my LinkedIn profile recently. I realized I recently reached a “tipping point” where I have been a lawyer longer than I have not. Reflecting on my demi-career, it strikes me how law firms have changed very little since I started my traineeship in 1993. Sure, there are new technologies available in the lawyers’ toolkit, but the way lawyers think about, and interact with, technology has hardly changed at all.

The lawyer’s main tools are word processing software for drafting documents and email for communication. This represents a technological advance, but barely. In some ways, I see regression. . . . [more]

Posted in: Legal Information

A Path to Inclusive Technology

Advanced technology is considered the new panacea for improving access to the legal system. It’s great that many people find advanced technology helpful, but no matter how helpful technology may be, it cannot help everyone. Last October 18th, TAG facilitated a day-long symposium that introduced draft guidelines with the goal of encouraging providers to ensure that their technology is inclusive.

Using technology in the legal system is hardly new (especially if we recognize that the telephone is a form of technology), but the proliferation now seems a daily event. There is no doubt that advanced technology can . . . [more]

Posted in: Justice Issues

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