2016 has seen a continued focus on digital strategy in the Canadian legal market. Legal industry professionals have been late adopters of digital processes. However, the continued disruption in the Canadian legal market has placed pressure on law firms to find new ways to increase brand awareness and to meet client expectations. So what do law firms need to implement digital policies that improve their bottom line and the client experience? Information and a thorough understanding of client needs.

For the second year in a row, fSquared Marketing has gathered data on the Canadian legal market, to help law firms . . . [more]

I’m old enough to recall cars that had useful gauges – the cooling-system temperature gauge, for example.

Nowadays they have on/off indicators, referred to as “idiot lights.” Such as the check-engine light. The idiot light that this morning is illuminated in my car. I’m writing this article while sitting in the dealer’s waiting room until they attach a computer to my vehicle to diagnose the problem. (And then charge me a bunch of money to fix it.)

The car’s computer system stores a diagnostic code that the dealership’s computer will retrieve, at least as I understand it. What I don’t . . . [more]

I’m back in DC after a lovely summer in Wisconsin and am catching up on the latest developments here. Our amazing U.S. election is finally over. Last spring I described the election as a circus. Actually it was not fun at all, but always surprising and often appalling to watch.

I have returned to my post as a volunteer at the Library of Congress, which has changed a lot over the summer. On September 14^th Dr. Carla Hayden was sworn in as the 14^th Librarian of Congress. On October 21^st she removed Maria Pallante from her position . . . [more]

For the first time in recent memory, the Federation of Law Societies of Canada and representatives of Canadian law schools met in New Brunswick on October 19-20, 2016 to talk about legal education.

A Brief History of Law Societies v. Law Schools

Here is some background that will help readers understand why this meeting was so important.

Canadian law schools have traditionally had a fairly free hand in setting their curriculum and the requirements for graduation. Law societies set the requirements for the call to the bar in each province. However, the profession has over the past century played a . . . [more]

I’ve been meaning to write about how to research the rights of indigenous peoples in Canada for Slaw for the longest time because it seemed like a hot issue and I thought a guide to legal information resources might be useful. However, I was thwarted first by what was the right terminology to use. Indigenous peoples? Native peoples? Aboriginal peoples? Indians? First Nations? Would I offend by using the wrong words? And who am I, a non-Canadian, non-indigenous person to write a research guide anyway? Maybe someone else in Canada has already written a guide? (The answer is yes.). But . . . [more]

An unusual five-member panel of the Federal Court of Appeal re-considered the appropriate standard of review in the Federal Court. The decision simplified the standard of review by focusing on the Housen standard described the Supreme Court of Canada (see 2002 SCC 33). The court also emphasized the importance of prothonotaries in the Federal Court, which is of particular significance to intellectual property proceedings which are almost always case managed by a prothonotary.

The court decided to expand its usual three member panel to a five-member panel in order to revisit its earlier Aqua-Gem decision (Canada v. Aqua-Gem . . . [more]

Commercial Law Reform

Commercial law almost always follows commercial practice. Businesses innovate and the law tries to catch up, validating some practices and regulating others.

It is risky for law reform to get out in front of commercial practice, for a number of reasons. The rules may fail to have their desired effect, because business can be more complex than legislation. The rules may restrict innovation, because the methods by which they grant legal effectiveness channel practices into known and safe directions. The rules may simply be wrong, because the rule-makers have not appreciated the dynamics at play among the . . . [more]

The Senate Legal and Constitutional Affairs Committee’s Eight Report: Delaying Justice is Denying Justice: An Urgent Need to Address Lengthy Court Delays in Canada (published, August, 2016), must produce a final report by March 31, 2017.

1. The Major Shortcomings of the Committee’s Report

Appendix A to the Report is this List of Recommendations (p. 16):

Recommendation 1: The Committee recommends that the Government of Canada work with the provinces and territories as well as with the judiciary to examine and implement best practices in case and case flow management across Canada to reduce the number of unnecessary appearances and . . . [more]

To address conflict it is important to select the process and style that best suits the nature of the problem and the needs of the parties. I have just realized that there is another dimension to this analysis – complexity theory! I love finding writings that bring together two of my current passions: complex system change and mediation. The most recent piece is a compelling article by Greg Rooney entitled “Applying Cynefin Complexity Theory to Mediation”.

First, a bit about Cynefin (how do you pronounce that anyway?). Chris Corrigan teaches the Cynefin Framework for strategy and decision-making, leadership and . . . [more]

Data visualization is one of those phrases that is frequently heard these days. It’s a very interesting field; done properly, data visualization allows you to use charts, graphs or other visuals to put statistics into context far more easily than if they were in tabular format. The flip side is that if not done properly, data visualizations can be confusing or, even worse, misleading (as illustrated by this chart).

A recent article in the Harvard Business Review by Scott Berinato on “Visualizations that Really Work” talks about how visualizations enable us to use data to make . . . [more]

When does one pop song infringe the copyright of another pop song? US case law on the topic – which more or less mirrors Canadian law – shows the unpredictability of how music copyright infringement determinations are made. In two recent high profile US cases, one jury found for the plaintiff where the two songs had almost nothing in common (Gotta Give it Up and Blurred Lines) whereas in the other case, the jury found for the defendant even though there was significant borrowing from the plaintiff’s composition (Taurus and Stairway to Heaven).

There are many . . . [more]

Lemonish Lawyers? [1]

The problem of access to justice is likely the result of a number of causes. Unnecessary complexity in substantive and procedural law is likely part of the problem. Our adversarial court-based administration of justice is problematic both where powerful actors have disputes with ordinary people and where family disputes require resolution. Ease of access to information through the internet may be both part of the solution and part of the problem.

Market regulation and access to justice

Our approach to legal services regulation plays a role as well. Limiting who can provide legal services restricts how . . . [more]