There is no perfect training for any occupation. Guidance from more experienced people is always necessary when developing a new career. This is particularly so for new adjudicators. Training on how to run a hearing is commonly offered to new adjudicators. Even with simulations, that training does not equip adjudicators with everything they need to survive (or, better yet, thrive) in adjudicating.

Mentorship is ideally suited for the development of new adjudicators. A mentor is a more experienced adjudicator who shares his or her perspective with a less experienced adjudicator. Mentor was an Ithacan noble in Homer’s Odyssey. A trusted . . . [more]

The author Naomi Baron in her book “Words Onscreen: The fate of Reading in a Digital World” includes the following quote at page 198:

“The book as such is sacred. One does not throw books away”.

Naomi Baron states that the Germans and the French “don’t throw out …. bread and books.

But consider that many law libraries are now computer rooms. And some libraries are destroying books. A professor at the UNB law school told me that their library has shredded a series of print law reports. Also an Ontario bookbinding firm told me that Queen’s University is now . . . [more]

Lawyers practice in a world where technology comes in smaller pieces that are increasingly integrated. Like David Weinberger’s Small Pieces, Loosely Joined, some of the best ways to benefit from technology come from adding incremental improvements. While some software requires you to wait for a feature to be added by the developer, other tools you use every day can be extended thanks to extensions and add-ons created by others.

How to Extend Your Web Browser

Two of the most common law firm software tools are the e-mail client and the Web browser. The predominance of the Microsoft Internet Explorer . . . [more]

Most ADR practitioners know of the contributions of Carrie Menkel-Meadow [Note 1] to the conflict resolution field. She is a “founder” of the US “ADR” movement and continues to deepen and strengthen our global understanding of the field.

Professor Menkel-Meadow attended the 15^th ODR (Online Dispute Resolution) Conference in the Hague in May 2016 and published a helpful commentary on her experience comparing ODR with ADR [Note 2]. She began by suggesting that the modern “ADR movement” grew for three main reasons:

First, what I call ‘quantitative’ ADR – for cheaper, faster and more efficient docket clearing from

The possibility of optimism, Seth Godin explains…

“Is the glass half full or half empty?

The pessimist sees what’s present today and can only imagine eventual decline. The glass is already half empty and its only going to get worse.

The optimist understands that there’s a difference between today and tomorrow. The glass is half full, with room for more. The vision is based on possibility, the future tense, not the present one.

Pessimists have trouble making room for possibility, and thus possibility has trouble finding room for pessimists.

As soon as we realize that there is a difference between

It always amuses me when I see light-hearted references to the rather tedious-sounding Project Management Triangle (alternatively called the Triple Constraint or Iron Triangle). Much fun can be made of the idea that in relation to products, services or outcomes, the choice is of quality, speed or price but only any two out of three can be had. For entertainment purposes it can be applied to restaurants, plumbing services, professional advice, airline travel and the like. However, it makes me wonder about the veracity of the notion and whether or not it is applied or applicable in relation to . . . [more]

The Charter of Rights and Freedoms guarantees everyone the right to retain and instruct counsel on arrest or detention. What do we mean by that? Specifically, do we mean it? Do we mean it for people other than the relatively affluent few?

Canadian governments claim that we do. The vision of Legal Aid Alberta states that it aims for “An Alberta where everyone can access justice and achieve fair and lasting resolutions to their legal issues.” Legal Aid Ontario’s website says that it “provides legal assistance for low-income people”.

Justice Ian Nordheimer isn’t buying it. In a stinging judgment issued . . . [more]

I’m delighted to be able to offer a guest blog from Rebecca Kennison. Rebecca is the principal of K|N Consultants and has worked extensively in scholarly publishing. What follows is a remarkably acute analysis of Elsevier’s journal pricing practices that she recently contributed to the Open Scholarship Initiative listserv. (This version has been slightly edited to provide additional clarification.) Rebecca is responding to a post by an Elsevier representative, and yet what she has written struck me as speaking to all of us interested in how the major corporate publishers are handling the shift to open access.

Rebecca is . . . [more]

It used to be that on the Internet, nobody knew you were a dog … or a trading partner, or a rogue. In this era of Big Data, geolocation, and light bulbs that call home, it may seem that those days are behind us.

But it’s one thing to know who somebody is in order to send them a personally targeted advertisement. It’s another to know with enough certainty to engage in large-value transactions, or to confer on them some public benefit, like a welfare payment or a student loan.

Therefore the management of identity online remains an . . . [more]

At the expense of justice, governments improve the cost-efficiency of the criminal justice system but thereby weaken the safeguards against wrongful convictions. Doing so makes more money available to be spent on more politically profitable areas because there are no votes to be gained by improving the criminal justice system. This is a summary of part of a published article that develops this theme: that poor resources given the criminal justice system, increases the probability of wrongful convictions in these ways:

1. Prosecutors’ method of plea bargaining changes so as to produce more guilty pleas which increases the probability of wrongful

Utility is a basic requirement set out in the Patent Act, yet Canadian courts over the past year have continued to approach this concept from very different points of view. The “disclosure” requirement for sound prediction has been both wholly adopted and rejected by the Federal Court. The pro-disclosure side requires that the sound line of reasoning and factual basis be in the patent, whatever the nature of the invention.[1] The anti-disclosure side only requires any explanation in the patent where the invention is directed at a new use[2]. Otherwise the sound prediction may be satisfied . . . [more]

Boring but important fact: law firm clients of all types – sophisticated, unsophisticated, big, small (and everywhere in between) increasingly use the Internet to research, vet, and select their lawyers. This is not news. But what is noteworthy is that online ratings & reviews of lawyers generated by the public are becoming a more predominant part of the overall picture of your firm that prospective clients see when they look you up online. You may want to address that.

Ratings are not new either. I’m old enough to remember when Martindale-Hubbell’s highly coveted AV ratings were doled out in giant-book . . . [more]