How many times have you signed long documents which are required to complete a transaction and you did not read the terms. Such as, opening a bank account or signing loan documents. Reading and understanding such long documents is difficult and not feasible in many consumer transactions. Or while using a computer, have you recently clicked on “accepted” or “agree” in an internet transaction, again without reading the several pages of terms.

When you sign documents without reading the terms, can the terms be relied upon by a seller or provider to overcome deception or dishonesty by the seller or . . . [more]

The writing of reasons for decisions is never easy. Adjudicators must strike the right balance between comprehensiveness and intelligibility. In most cases, adjudicators also have a heavy workload and perfection in reason writing is not possible. There are many readers of an adjudicator’s reasons, but the readers that I will focus on in this column are judges. There has been a sea change in the approach of courts to reasons over the past decade. That change reflects the reality of increased litigation, stagnant or declining resources and an increased focus on efficiency. This has led to a focus on a . . . [more]

The business of practicing law has become more demanding and complex since I articled in 1996. The introduction of emails, smart-phones, and text messages has increased the pressure on lawyers to always be available to clients and to respond to queries with alacrity. Long gone are the days when one would receive a letter from opposing counsel, dictate a response, go home for the evening after disconnecting from your practice and return the next day to consider your reply letter after having “slept on it”. More articling students appear to be competing for the same number of positions. Regional firms . . . [more]

Around one-half of all Syrians have been forced to flee their homes because of the unending, devastating civil war, mass human rights violations and acts of terrorism that have been their unrelenting reality for close to four years now.

The UN estimates that 7.6 million Syrians remain internally displaced within the country, unable or unwilling to escape into neighbouring countries. Another 3.8 million have fled the country as refugees, the overwhelming majority in Turkey, Lebanon and Jordan. Turkey alone now shelters 1.6 million Syrian refugees. And the one million Syrians in Lebanon now make up approximately one-quarter of that country’s . . . [more]

You’ve got to know when to hold ’em
Know when to fold ’em
Know when to walk away
And know when to run
You never count your money
When you’re sittin’ at the table
There’ll be time enough for countin’
When the dealin’s done

The Gambler (Don Schlitz; performed by Kenny Rogers)

Being a competent lawyer means knowing your own limits. Lawyers representing clients in cases for which they do not have the necessary knowledge and skills risk liability in negligence, being found to have provided ineffective assistance of counsel (in a criminal case) and violating the obligations of the . . . [more]

What do you want? Yes, that’s a pretty big question for lawyers since most would start by explaining… “That depends…” I think Forbes contributor, Bruce Kasanoff who ghostwrites articles for entrepreneurs, and speaks about bringing out talent in others has a great bit of advice. Kasanoff explains…

“To paraphrase a bit, a professional recently wrote me to say that he was capable of being a VP, but that he was happy in his job, but he didn’t do such a good job of representing himself, but he was proud of his accomplishments, but he thought he should probably improve

It seems an obvious enough question. However, I’ve come to learn over the years that it’s not so simple after all. First off, many firms haven’t ever really considered it before. Secondly, there really are several different possible true answers. I’ve set out six possible responses below that correspond to different types of firms I’ve encountered over the years.

Answer 1: There Isn’t One.

For some firms, the website is just a thing:

“Everyone has a website now, so it’s just another thing my firm is supposed to have, like a fax machine and some telephones. I’d like a website . . . [more]

Is there too much choice out there? Do we need 35 varieties of coffee? 46 cereal options? 17 brands of garbage bags? Over half a dozen sites to find US caselaw? At least the same number for cases from England and Wales? Did we ask for all this choice? And do we need it?

The longer I teach legal research, the more complex it becomes. Not the content, that’s pretty much as it always was. But getting to the right answer in a timely fashion depends on so many variables that it is no wonder eyes roll and heads shake . . . [more]

‘…now is not a good time for control freaks” – Eric Young

In my last post for Slaw I wrote about the importance of creating the conditions for justice innovation by building the skills needed to work in multidisciplinary teams and collaborate rather than “consult” with justice system users. In this post I want to focus on another important part of creating the conditions for justice innovation, in particular how we might support innovators by rethinking our problem solving approaches and the methods we use to evaluate justice innovation initiatives.

How we evaluate the success (or failure) of a project . . . [more]

I have spent the last few months presenting to colleagues all over Canada about marketing professional services and the benefits of clear communication. After the sessions there is always a lot of conversation where I do a lot more listening than speaking.

One story that was shared resonated so clearly with me that I have been sharing it ever since.

A client told my colleague that he needed a dictionary to figure out what he was trying to say in an email. This got a good chuckle out our group but it showed that by trying to impress a client . . . [more]

Lawyers tend to cringe when they hear the word “encryption.” To most lawyers, encryption is a dark art, full of mathematical jargon and incomprehensible to the average human being.

When South Carolina suffered a major data breach of taxpayer data, what did Governor Nikki Halley say? “A lot of banks don’t encrypt. It’s very complicated. It’s very cumbersome. There’s a lot of numbers involved with it.”

Leaving aside the laughable notion that a lot of banks don’t encrypt data, the rest of her quote is in keeping with what we hear from lawyers. What we hear always translates into the . . . [more]

As an exception to the universally accepted view that law society committees are “all form and no substance” in regard to the “unaffordable legal services problem” (“the problem”), there is one Law Society of Upper Canada (LSUC) committee that has produced a Discussion Paper that has great substance, although some ingrates are so inconsiderate as to say that it’s not “the right stuff”; see: Alternative Business Structures and the Legal Profession in Ontario: A Discussion Paper. It was released by LSUC on September 24th, asking for comments by December 31st.[i] It proposes “alternative business structures” (ABS’s). They have . . . [more]