There is a very natural human tendency to claim the game is rigged when one loses.

“The referee was obviously biased against us,” the coach says, explaining the team’s loss.

Donald Trump kept complaining that the Republican Party primary rules were rigged against him, even though he was winning.

So, too, in arbitration, when the losing party seeks to overturn an unfavourable award. This is particularly evident in international arbitration, where there is no right of appeal. Also, in some domestic arbitration cases, where appeals are increasingly limited.

In these situations, lack of jurisdiction or arbitrator bias may be the . . . [more]

I hate talking about “legal technology.”

I mean, I love talking about the possibilities and advantages that specific types of technology can offer, but I hate it when the various types of tools and programs are reduced to a single, amorphous entity. When we do that, it’s too easy to reduce it to just “good” or “bad”. To “useful” or “hype”. Soon it becomes a choice that people must make: are you pro or con legal technology? And then we start to make assumptions about the types of people that fall into each camp and make broad claims about them. . . . [more]

Environmental Assessment (EA) is a critical part of our repertoire of environmental law tools, designed to allow us to “look before we leap” into activities with potentially significant effects on the environment. A massive overhaul of Canada’s Canadian Environmental Assessment Act in 2012 resulted in the elimination of over three thousand assessments of proposed projects and activities, reduced public involvement in environmental decision-making and weakened environmental protection. EA processes and decisions have been increasingly subject to lawsuits, criticism and protests, with the target of dissent being either the project (say, Kinder Morgan’s controversial proposed oil sands pipeline) or the . . . [more]

Nothing causes trouble in legal practice quite like communication failures. As Ian Hu from LAWPRO reminded us in his Slaw post last month, communication are the number one source of malpractice claims.

Honing proactive and effective communication skills has significant positive implications for everything from delegation, to the quality of your legal work, to your marketing and business development efforts.

With this in mind, focusing on improving your communication practices at work is probably one of the best investments you can make in your career. Where to start is quite simple, with your thoughts.

I work with many lawyers on . . . [more]

Often when someone takes over a new position where they are responsible for, dare I say it, the sales funnel, one of their goals is to predict revenue. Most firms try to predict revenue, albeit with different levels of success. Some firms use a backlogs or potentials method for proposal tracking, others ask the professionals to maintain a rolling 12 month projection, and others may simply set a target hoping for the best. One thing is for sure, targeting revenue in professional services is different than for products but a level of predictability is still required.

Companies that sell widgets . . . [more]

In a 2015 speech, Chief Justice Beverley McLachlin implored the legal profession to “accept the idea of change”, including the reality that some tasks that have been traditionally carried out by lawyers can now be more effectively performed through technological means.

It is questionable how much the Canadian legal profession, as a general matter, has taken up the Chief Justice’s call. Developments in one promising area—mobile phone and web-based apps that aim to enhance access to justice (“A2J”)—are largely being driven by individual innovators seeing unmet legal needs and thinking outside the box for new ways to harness technology . . . [more]

It’s hard to find statistics identifying how many people are currently running Windows 10. One thing we do know is that there were 14 million downloads within 24 hours of the release. Some estimates put the installed base at over 75 million devices. No matter what the right number is, it appears that Microsoft has added another hit operating system to its list. But is everything about Windows 10 a good thing? Not so fast. When Microsoft released Windows 10, it also updated its privacy policy. Should attorneys be concerned? The answer attorneys love to hate is…it depends. Perhaps if . . . [more]

We have smartphones and smart cars are on the way, so we should not be surprised that SmartLaw gets added to the tags of BigLaw/SmallLaw, NewLaw/OldLaw, NextLaw and even LessLaw etc. But, like so much of the legal world, the “bleedingly obvious” can take a while to be noticed. While I have talked about smarter lawyers in relation to our Lawyers Workstation approach to IT, Ryan McClead’s blog article “SmartLaw: The firm of the future” was interesting due to its emphasis on the firm, rather than the lawyer.

“Smart” is a neat word: it includes connotations of style, . . . [more]

Inter-library loan (ILL) is one of the oldest forms of sharing collections in libraries. Cooperative collection development arrangements have existed since time immemorial. As each library has focused on building collections to meet the needs of their primary patrons, they have relied on other libraries for the ad hoc, out-of-scope user requests for books and journal articles.They either initiate ILLs formally via OCLC or another network or informally by calling, emailing, or otherwise contacting librarians at other institutions who own or have access to the needed item. Everyone ILLs. It is expected and needed. Librarians have a license to . . . [more]

In Canada and elsewhere, we have seen a seemingly endless series of reorganizations in the multinational legal publishing houses. The pattern is one characterized by the acquisition of smaller legal publishing houses, followed by serial changes in their reporting lines, and ending with their disappearance altogether, as old established brands are dropped and replaced by the corporate brand. These changes are attempts to conceal a sad truth – that “global legal publishing” has proven to be a bit of a bust. Was it a bad business idea in the first place, or merely a good idea that was overwhelmed by . . . [more]

I wasn’t planning on writing about best practices in client seminars this month, but two bits of disparate information made me reconsider. First, BTI’s research summarized in the April 6 Mad Clientist blog indicates that the largest 30 firms in the world are diverting budget from general audience events, seminars and webinars to fund strategic, highly-targeted client development initiatives. These initiatives can and should include customized programming for clients. [1] Second, a legal marketing colleague shared a somewhat surprising client seminar planning experience: on the eve of the seminar, very little lawyer-side preparation had been done, despite his cajoling, stalking . . . [more]

Pundits have been predicting the cashless society for a long time, perhaps even longer than the paperless office. Nonetheless the evidence is mounting that we are getting closer (at least to the former). The Section of Business Law of the American Bar Association ran a program at its spring meeting in Montreal this year on the possible disappearance of cash and the legal consequences.

Here are some of the highlights of presentations by Ed Morse of Creighton University, who presided, Denis Rice of Arnold and Porter, Jillian Friedman of the National Bank of Canada, and Erin Fonté of Dykema in . . . [more]