On 26 August 1996, Business Week asked: “What’s Wrong With The Internet”? One criticism was that “Good Stuff Is Hard To Find”. Their suggested solution was: “Artificial intelligence will make search engines more discerning.”

One year later along came Google. It found the stuff you were looking for, without scaring you off with talk of artificial intelligence. Google helped more of us join the information revolution.

Meanwhile, today we should be on the road to driving nirvana via real automobiles. A problem for too many is that the “driverless car” is as scary as the “horseless carriage” would have been . . . [more]

While legal-related self-help materials may be “accessible” (available in plain language) they are not always “deployable” (actually used by a person to deal with their legal problem). I learned this lesson the hard way. Recently, I was asked to create a simple list of civil negotiation and conflict resolution “tips” for use by people unrepresented by counsel. I figured this would be a relatively simple task drawing on my legal and mediation background. I also assumed that I could mimic plain language and aimed for a Grade 9 level. I shared my draft with my colleague for comments and, thankfully, . . . [more]

The latest round of columns on loose-leaf publications contains plenty of useful discussion about the format of legal information and the legal publishing business generally (see here, here, and here). I have a serious interest in these topics: CLEBC publishes 50 titles: practice manuals, annotated precedents, and annotated statutes on BC law and practice. We publish online and in print, mostly loose-leaf and some softcover.

I’ve written before about “Death to Loose-leaf?”. I’ve concluded that the fury that seems to attach to this format is only partly related to the format itself. Yes, filing is . . . [more]

Walter Palmer killed Cecil the lion. According to media reports, Cecil was lured from his sanctuary by food and then shot by Dr. Palmer with a crossbow. The shot didn’t kill the lion; Dr. Palmer and his guides tracked the lion for two days and killed him with a gun (New York Times, July 28, 2015). The response to Cecil’s death on social media was overwhelming. Palmer received death threats, his home was vandalized and his dental practice shut down.

The problems with mob justice in an Internet world have been explored elsewhere, including in relation to the . . . [more]

Should young persons be optimistic about the future?

Does history set the context for the present and the future? Is the past prologue?

Based on history, I submit that a young person should be optimistic about our future.

Some of our history that supports an optimistic outlook are :

1. improvements in the health sciences and life expectancy;
2. the growth of educational opportunities;
3. the consolidation of governments;
4. the growth of democratic government;
5. the decline in violence over the centuries;
6. the decline of wars by the major powers;
7. the expansion of global trade.

1. Health:

In Canada our life expectancy has increased . . . [more]

A few days ago, on 11 August, the co-facilitators of the process that had to produce the successors to the Millennium Development Goals (MDGs) sent a letter to the President of the UN General Assembly that their mission had been accomplished. In diplomatic speak: an outcome document containing a draft of the Sustainable Development Goals (SDGs) had been adopted by consensus. In the diplomatic universe this means that the Heads of State and Government and High Representatives will rubberstamp the document when they meet at the United Nations Headquarters in New York from 25-27 September 2015 for the UN’s 70 . . . [more]

I feel that now is the time to bring an important issue to your attention but, since it’s coming to the end of summer, I’m going to keep this short. How much did your law firm spend on its last firm retreat? What was your return on the investment? Did you expect there to be a return or did you even view the money spent as an investment?

The average 50 lawyer firm can spend anywhere from $50,000-$100,000 on a retreat, depending on location and activities. So once every year or two that’s the retreat budget for a weekend away. . . . [more]

Adjudicators who are appointed by cabinet order (variously referred to as Order in Council (OIC) or Governor in Council (GIC) appointees) have very little job security, beyond the term of their appointment. Historically, a reappointment was never guaranteed and the reasons for not being renewed in your position were not provided. The difficulty with a non-transparent system of renewal is that no one (including the adjudicator) knows the reason for a non-renewal.

Ontario instituted a new process for reappointments (or renewals) in 2006. The major reform was to limit appointments to ten years, subject to the recommendation of the Tribunal . . . [more]

“Quality”. It’s one of those nouns and/or adjectives that everyone uses to describe their own output standards but for the most part is applied to whatever level – high, medium or low, that they are willing and/or able to offer. In many respects, though, that’s a good and desirable thing as more often than not there are no objective standards of quality such as those of the International Organization for Standardization (ISO). In any case, sensibly, the word should be preceded by “optimum”, “appropriate” or suchlike as quality cannot be divorced from competence, price, speed, brand . . . [more]

The latest Windows operating system has started rolling out. Unsurprisingly, reactions to its new update method and privacy functions are mixed. If you were on Windows 7 like most lawyers, it will be an easy upgrade and – despite the negative early chatter – worth taking advantage of the free upgrade.

The Upgrade and Updates

If you have any version of Windows other than Enterprise or Windows RT, you can get the new operating system free. You may have been invited to register for a copy, in which case you’ll get a notification e-mail. You can also just grab . . . [more]

“Failure is not an option.”

Mission Control spoke those famous words in the quest to save the crew of Apollo 13, at least if you believe what you see in the movies. We remember that phrase – and believe in it – because the project team did not fail.

How do we deal with incipient project failure in the world of legal projects, however? It’s instructive to explore some of the difference – and similarities – between our projects and Apollo 13’s return from the moon.

Recognition of Impending Doom

Few project failures are as easy to recognize as Apollo . . . [more]

In an worldwide first, the Hague District Court has ordered the Dutch government to cut its greenhouse gas emissions (GHGs) by at least 25% compared to 1990 levels by the end of 2020. The decision, an English translation of which can be found here, has been widely reported and discussed (including in an interview on CBC Radio’s The Current with Dianne). It has rekindled hopes around the world that courts can spur governments into taking serious steps to deal with climate change.

Could a similar case be brought successfully in Canada?

Background:

The suit was brought against the Dutch . . . [more]