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Archive for ‘Columns’

Speeding in Espanola

While on a family road trip in summer of 2013, I was ticketed for speeding on a stretch of highway west of Sudbury, Ontario. Being a lawyer, for the hours of driving that followed I could think of nothing but how to get the fine reduced or the ticket withdrawn. After all, the police speed trap was such that even the most cartoonishly-stereotypical of deep-south state troopers would be impressed by its audacity.

I was reminded of this episode when in preparation for a discussion with some Ontario judges on innovation in the courts, I came across a treasure trove . . . [more]

Posted in: Justice Issues

Moving Closer to Organizations’ Core Businesses

I somewhat shamefacedly enjoy reading professional advice books (and fashion advice books, but I wrote that column already), and one of the most memorable pieces of advice I recall was that regardless of what career path one chooses, in order to have the best career prospects, one should aim to work in an organization’s main line of business. There is generally have more room to advance as an accountant in an accounting firm than in the accounting department of a company that primarily does something else. This is reflected in the different career paths and experiences of lawyers who . . . [more]

Posted in: Legal Information

Are We There Yet? the Marketing Value of Good Signage

I spend a lot of time in law firm offices. Besides having one of the best collections of law firm mugs in Canada, I also have an extensive set of first impressions. There are the firms that clutter up their coat closets with stuff they don’t want visitors to see—which the visitors see when they hang up their coats, of course. There are the firms that have lots of firm literature displayed in their reception area—but it’s printed on everyday printer paper and it’s curling over, making it look both old and invisible. There are the firms with expensive art . . . [more]

Posted in: Legal Marketing

Federal Court of Canada Issues New Case Management Practice Notice Affecting IP Litigation

The Federal Court recently issued a practice notice entitled Notice to the Parties and to the Profession – Case Management: Increased Proportionality in Complex Litigation before the Federal Court. The notice affects all complex litigation before the Court, including intellectual property matters. The notice is designed to achieve increased proportionality in Federal Court proceedings, and introduce efficiencies which should save litigants both time and money. The changes should also make it easier for an action to reach trial within two (2) years from the filing of the Statement of Claim, an objective communicated in a previous notice from the . . . [more]

Posted in: Intellectual Property

Proposed New “Uniform Arbitration Act” Bears Careful Study

The working group on arbitration legislation of the Uniform Law Conference of Canada (ULCC) has circulated a Discussion Paper on proposed changes to the Uniform Arbitration Act (for domestic arbitrations in Canada). The proposals – and the drafting of the Act – have not yet been reviewed or approved by the ULCC. The goal is the present the proposals to the ULCC at its annual meeting this summer.

This is the second phase of a project that started several years ago to update the ULCC’s Uniform International Commercial Arbitration Act and Uniform Arbitration Act, which have been widely implemented by . . . [more]

Posted in: Dispute Resolution

Flexibility Isn’t Just for the Yoga Mat – Try It on Your Schedule

I will forever be indebted to the young mother, a senior associate at a big firm, who shared with me one of her secret recipes for handling the challenging tension between mom-time and lawyer time: the early escape.

Here’s how it works: One night a week she stays late at the office, until between eight and ten at night, depending on the week. Then, two days later, she leaves the office in the afternoon to pick her kids up early from daycare for some special time with them.

This wonderful “life hack” checks two important boxes for her. She checks . . . [more]

Posted in: Practice of Law

Equality, Diversity and Inclusion: Some Lessons From South of the Border?

Earlier this month, the new president of the Law Society of England and Wales, Jonathan Smithers, used the occasion of his inaugural speech to emphasize the importance of a diverse and inclusive legal profession, stating:

Equality, diversity and inclusion are absolutely at the forefront of this Society’s work, interwoven in all that we do. Our profession must reflect the country as it is and draw talent from each and every part. Social inclusion and mobility are currently in the spotlight. I am proud of the progress we have made over the last decades but do not in any way shy

. . . [more]
Posted in: Legal Ethics

Launch of New Legal Innovation Centre

On June 22, 2015, I attended the launch of what is described as an “industry cluster,” LegalX. The launch took place at, and was sponsored by, the MaRS Discovery District. Based in Toronto, MaRS “is one of the world’s largest urban innovation hubs… It provides expert advice and market research, and makes connections to talent, customers, and capital.”

The official announcement of the launch states that LegalX is “dedicated to moving the legal sector forward through enterprises — whether startup or established corporates and law firms — LegalX at MaRS will connect the technologists, designers, coders, engineers and lawyers . . . [more]

Posted in: Legal Information

A Perspective on Legal Aid in Canada

Our national, decentralized, legal aid system is an important part of the access to justice landscape in Canada. Because of the presence it commands within the justice system overall, legal aid has the potential to play a crucial role in expanding access to justice in Canada. Innovation has long been a defining feature of legal aid, driven by the perennial need to do more with less or, at least, with less than was required. As to what we mean by a “legal” problem, justice and access to justice evolve with innovation and new ways of thinking. Legal aid plans are . . . [more]

Posted in: Justice Issues

Crafting Your Message

Whether you are drafting a message to your boss, a client or prospect there are a number of key elements you should consider in order to get your point across and ensure that the recipient will understand what it is you are trying to convey. Obviously, depending on the message, the amount of time needed to develop will vary, however, the basics will stay the same.

For this post let’s stick with broader messages, where you need to convey an idea. To start with, you need to understand that messages are not necessarily “facts” no matter how they are presented. . . . [more]

Posted in: Legal Marketing

ODR and the Digital Divide Scarecrow

As many Slaw readers have probably heard, last April, the Ministry of the Attorney General of Ontario engaged in a Public consultation to explore the possibility of offering an online system for traffic and other infractions. As stated on the Ministry’s website, “Ontario is exploring a new approach that could make the process of disputing certain infractions — like traffic matters — faster, easier and more convenient”.

We would wager that, to most citizens, a “faster, easier and more efficient” system sounds pretty good. However, opponents of the proposed “Online Administrative Monetary Penalty System” (or AMP) . . . [more]

Posted in: Dispute Resolution

Asleep at the Wheel

In 1987, those roseate times before social media and Google searches, Dr. James Billington was appointed the United States’ Librarian of Congress. The appointment did not bode well. My voice was part of the outcry over the fact that at a crucial juncture for the role of libraries in the world, a person was taking the helm who was neither a librarian nor an information professional. The New York Times, which I had always viewed as the sage voice of national reason, opined that the job was too big for a librarian. It called for a scholar like Dr. Billington. . . . [more]

Posted in: Legal Information

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada