We’ve always found it somewhat confusing and nonsensical that Quebec’s soon to be former Code of Civil Procedure contains a section titled “dilatory exceptions”, i.e. procedures “intended to cause delay”. At a time when we are constantly reminded that access to justice is hindered by costly procedures and long delays, and that we should find ways to streamline the legal process, it seems incongruous to actually draft dispositions that allow for longer delays and higher costs at one party’s behest. This is not to say that sections 168 and ss. of the Code of Civil Procedure don’t have . . . [more]

Ontario has an elaborate system that allegedly protects endangered species. Under the Endangered Species Act (ESA), endangered, threatened or extirpated species and their habitats cannot be harmed or destroyed, except by permit or if authorized under the regulations.

Leaving aside the massive exemption regulations for industry and agriculture that are presently under attack in the courts, endangered species and their habitats are supposed to be harmed only with the personal permission of the Minister of Natural Resources (MNR). Most regulatory permits in Ontario are issued by civil servants; requiring that endangered species permits be issued by the Minister personally underscores . . . [more]

Nobody likes conversations with clients who are complaining about the size of their bills. If you respond with something like “I think you’ll find that our fees are commensurate with other firms of our size and experience”, you’re missing an opportunity.

Ideally, clients should not be surprised by the amounts of their bills; if you’ve communicated with them throughout the matter, they should already know what to expect. But what they’re really asking is “What do I get for all this money?” That’s when you need to have the Value Talk.

To a client starting up a business, the value . . . [more]

We all covet the latest and greatest of technology, not to mention possessing the fastest computer. One way to increase the speed of your computer is to use a solid state drive (SSD) instead of a mechanical one. Essentially, SSDs are flash memory devices that appear as a hard disk to the computer. It is very fast to write and read from memory as opposed to accessing data from the rotating platters of a mechanical disk drive. Solid state drives are three to four times faster than their mechanical counterparts when writing or reading large files. Sound good? Then you’ll . . . [more]

Are you working in a firm that has gone through a merger, or been rebranded through a takeover? Have you had occasion to look on the web and try to locate the old firm by name or by its URL? In most cases if you do this, you will no longer find the websites which once displayed the proud information of the firm, its partners and its achievements.

Why has this happened? In most instances when a firm is merged or subsumed with another, or becomes part of a new network, it is thought to be bad for client relations . . . [more]

“Records management law” will be a necessary area of specialization because electronic records are as important to daily living as are motor vehicles, and are now the most frequently used kind of evidence. Electronic records management is a complex technology, which makes current legal infrastructure of statutes, guidelines, and case law that controls the use of electronic records as evidence very inadequate because it ignores these facts: (1) electronic records technology, and pre-electronic paper records technology are very different technologies—each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS’s), and . . . [more]

One of my pet peeves is when people throw around the word “technology” as a catch all to mean anything that can or will involve a computer. A common pattern is “In X number of years, this task will be replaced by TECHNOLOGY.” The speakers very rarely get into specifics as to when technology they mean. Personally, I like to amuse myself by replacing “technology” in these statements with “magic fairies.” Actually, I think fairies are more likely to exist than some technology that is universally adopted and solves myriad problems.

If you’re like me, you probably feel like the . . . [more]

I did it. I read a hundred books (#100Books) on my sabbatical. The whole list can be found here. Why did I do it? I set off to read 100 books because I felt I could and I should.

As lawyers, we spend so much of our time reading but so little time reading books. I can remember years when I’m not sure if I read a single book outside of work. Even as a law professor, I would only read two or three books of fiction a year. As a law student, I took a course called “Law . . . [more]

In my previous posting, Automation in the Legal Market, I discussed the issue of automation vs. augmentation, where I touched upon the issue of the potential changes that might flow from the entry of IBM Watson into the legal sphere with the ROSS search engine. While the issue of automation is one that has been discussed from time to time over the last few years, there has been an explosion of articles in the last while that have addressed the automation and artificial intelligence (AI) robots, either directly or tangentially.

On LinkedIn, Patrick DiDomenico published a posting entitled . . . [more]

Recently, I’ve been spending a lot of time with clients helping them with Succession Planning. To put it bluntly, it appears that succession planning is an “issue” for the industry. This shouldn’t come as a surprise to anyone since the youngest of the Baby Boomers will be passing the age of 50 in 2015 (and the oldest will turn 69). The pressures of succession planning can be felt on the shoulders of law firm senior management and they are trying to find solutions – fast.

But are they looking for solutions in all the rights places? I’ve been included in . . . [more]

In Canada, in fact all around the world, transgender individuals face some of the highest risks of human rights violations of any sector of society. By any measure, the levels of violence, discrimination and other abuses they face are shockingly high.

It is a grave human rights problem in need of attention. More needs to be done to assure and uphold the equality rights of transgender individuals, and protect them from discrimination. More also needs to be done to keep them safe from hateful acts of violence.

For ten years there have been efforts in Parliament to do just that; . . . [more]

Perhaps because most law firms are partnerships, we don’t pay much attention to the practical implications of the partnership structure. This is understandable as there isn’t much of an alternative in our existing system at least so far as private practice is concerned.

A law firm partnership is very different than most ordinary businesses. In most businesses, the owners of the business are not involved in the business whether as workers or as managers. In contrast, law firms are owned and managed by people who provide services to customers (often with the assistance of others). In a law firm, the . . . [more]