A while ago I found myself basking in the sun beside a swimming pool, with not a great deal troubling me. The anxiety-free break had allowed me with pleasure to work my way through an interesting and informative biography and the moment was right quickly to find another book to read. Scouring through the available literature my attention was captured immediately by a highly regarded legal/crime novel by a well-known author and I immediately settled down for a relaxing read. Not the fault of the book or its author, I am convinced, but several pages in I began to become . . . [more]

Law firm Web sites can be more secure and offer clients a greater degree of comfort that their interactions are protected. Security and encryption are hot topics as the scales fall from digital eyes (and sometimes are put back again). Some recent developments in the way Web sites can secure their interactions make it even easier for law firms to have secure Web sites.

HTTPS

I’ve touched on using https yourself when sending or receiving client information, or banking, or engaging in other online activities. This slight change in a Web site’s URL – from http:// to https:// – means . . . [more]

I have been a member of the American Association of Law Libraries (AALL) since 1975 when I graduated from the University of Chicago Graduate Library School. That school was dissolved in the 1980’s. Now it looks like my profession of law librarianship may be disappearing as well.

AALL is in the midst of a major rebranding project. I am not averse to change and I empathize with those librarians who need to call themselves information professionals or specialists in order to gain respect in their organizations. But I had hoped that AALL would take the approach of organizations that have . . . [more]

It is a wise businessperson that asks… “If I invest X what will my return on investment (ROI) be?”

A good question… not so easy to answer.

There are many wrong ways for lawyers to calculate ROI.

The investment industry will calculate the ROI as: the return of an investment is divided by the cost of the investment; the result is a percentage. Some firms simply use multiples: for example, spend $1,000 and get a case for $10,000, and the return is 10 times the investment. Others use the comparison of hard dollar cost to hard dollar profit.

For most . . . [more]

Early in December, I read a court decision summarily dismissing a lawsuit against a hospital. The plaintiff alleged that the hospital was responsible for putting fleas on his neck that immobilized him, allowing the military to control his mind. The decision was short, to the point, and unremarkable. It is usual in the online world for the author to provide a hyperlink to decisions referred to in the column. I hope that by the end of this column my decision not to hyperlink the decision will be self-evident.

What was striking about this decision was that the plaintiff was identified . . . [more]

At the 2014 Special Libraries Association conference there was a session on “Win-Win Contract Negotiation”. During this session one of the speakers stated that if you didn’t like what the vendor was offering, you could always walk away. The audience’s reaction was that walking away was not always a realistic option in the library world.

So if walking away if not an option, how can law librarians approach negotiations to get a result they’re happy with?

Research the product. Fortunately for librarians, one thing they are good at is research. Before starting negotiations the first thing to do is to . . . [more]

The principal duties owed to clients are well known: commitment, confidentiality, candour and competence.[i] Much has been written and debated about commitment and confidentiality. Their nature and scope are reasonably well understood. Competence and its legal twin negligence are conceptually simple enough, albeit fact-specific.

Candour is another matter. Candour seems straight-forward. Simply be honest with your clients, tell them what you know and all will be well. But this naïve approach is problematic. As is often the case in legal ethics, difficult issues arise because duties can collide. Candour and confidentiality can be irreconcilable duties and confidentiality is pervasive . . . [more]

In December 2015, Sydney hosted Blockchain Workshops (#BlockchainSYD). I understand that it was a great event. If you didn’t get to it, and fear you have missed the Blockchain wave, I would not panic. Like other tech, there might still be some waiting time before it takes over.

Consider the “flavour of the month“ Artificial Intelligence (AI). It’s finally getting some traction 30+ years after its success was touted as imminent. Yet around this time each year people are called upon to bravely predict next year’s tech. It is not a new phenomena.

“… while only 35% of (US) law

In November, I was invited to speak as part of a panel discussion on “Legal Marketing 101” before an audience of new legal marketers. Near the end of the discussion, a member of the audience asked for some tips on how to get buy-in from lawyers on more meaningful business development and marketing activities – moving “beyond the USB keys,” as she put it. There was obvious frustration embedded in her question, and panel discussions being what they are, there was little opportunity to provide her with a thoughtful answer to what is a big question with a multi-faceted answer. . . . [more]

Innovation is an integral part of the private sector. Why does innovation seem so much harder in the public sector (or in places like the justice system where the public sector/government plays a major role)?

It doesn’t take much reflection to realize that there are quite a few reasons why innovation in the public sector is more challenging and, at the same time, potentially more fulfilling. It is important to identify these unique contextual factors in order to respond to them effectively.

In his 2004 article “System Failure: Why Governments Must Learn to Think Differently”, Jake Chapman observed . . . [more]

After a year of quiet anticipation, the Osgoode Society launched four new titles bringing the total to 100. Surprisingly, little or no fanfare accompanied the momentous occasion. Even the usual collection of literary minded judges were absent, passing on hat should have been major celebration.

While reluctant to say so at an event launching four new titles, the 100th title announced by the Society that evening was in fact the latest offering by Ian Kyer. It was an appropriate acknowledgement of his many contributions to scholarly writing in Canada, on a range of subjects from the history of the Faskens . . . [more]