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Archive for ‘Columns’

Privatization of Justice: Balancing Efficiency and Access to Justice

As we struggle to fix access to justice, life goes on and people start to use other means to address their need for an efficient dispute resolution system. The rise of private systems of justice raises interesting questions of transparency, legitimacy, accountability and democracy. A recent book by Professor Trevor C.W. Farrow of Osgoode Hall Law School (Civil Justice, Privatization, and Democracy) is a comprehensive treatment of these issues. (An excerpt was published on slaw.ca earlier this year.)

The Rule of Law requires a system of justice that is characterized by openness, knowledge and accessibility. Professor Farrow’s thesis . . . [more]

Posted in: Dispute Resolution

The First Tool: Elements of the Project Charter

In the last two articles I described the idea behind becoming a very highly valued five-tools project manager and supplied an overview of the first tool, the project charter. Now let’s look at the elements of a project charter.

The Business Problem

What does the client need to achieve?

Corporate clients rarely have legal problems; they have business problems. (Yes, occasionally it is a true legal problem, but as doctors say, when you hear hoofbeats, think horses rather than zebras.)

What is blocking or imperiling their business? What business goal are they trying to achieve? The more you share an . . . [more]

Posted in: Practice of Law

Citizenship Act Reforms: Unjust and Insecure

In the wake of the attacks in St-Jean-sur-Richelieu and Ottawa in October, and against the backdrop of the sudden and very terrifying rise of the Islamic State in Syria and northern Iraq this year, there is renewed fear and anxiety about terrorism, at home and abroad.

The Islamic State (varyingly known as IS, ISIS and ISIL) has been responsible for unimaginable acts of cruel violence and widespread human rights abuse against women and girls, followers of other religious sects or faiths, ethnic minorities and western hostages. Amnesty International researchers catalogued the horrors in a number of grim reports in recent . . . [more]

Posted in: Justice Issues

Excessive Executive Compensation

A friend of mine is concerned that the existence today of excessive executive compensation is leading to the accumulation of disproportionate wealth and economic and political power in the hands of a few.

No one doubts that individuals try to better their condition.

Business leaders such as Warren Buffett and Charlie Munger of Berkshire Hathaway are critical of excessive executive compensation.

Munger states that Berkshire Hathaway, a large holding company, owns many companies with boards of directors. Munger says that Berkshire Hathaway does not pay directors fees to non-executive board members of its subsidiaries. Munger said that if you start . . . [more]

Posted in: Legal Publishing

Four New Titles Enrich the Growing Osgoode Society List

Over 100 Titles To Be Published by 2015

A milestone is fast approaching for the Osgoode Society for Canadian Legal History.When the Society was founded in 1979, no one could have imagined that so extensive a collection of original research and writing on Canadian legal history would be the result. Bravo to Roy McMurtry and his merry band of authors and editors who have created a body of work that is the envy of the legal publishing world in just over fifty years, and to the university presses and commercial publishers that have supported this venture, including most notably . . . [more]

Posted in: Legal Publishing

Slate

I recently visited Nth Wales the land my grandfather left 105+ years ago. Many of the original 3,000 workers in the Penrhyn Slate Quarry where he worked also left due to industrial disputes that dragged on and off for years. Such disregard for customers by the quarry owners meant customers found other suppliers in France and elsewhere, or simply alternative products, such as cheap mass-produced tiles.

My grandfather was not alone in abandoning the slate mining industry. Better conditions elsewhere, World War I, and lost skills resulted in a shortage of the skilled labour needed to extract the slate in . . . [more]

Posted in: Legal Technology

Look to the Future by Looking Outside Our Context

In August 2014, the CBA published its final report entitled “Futures: Transforming the Delivery of Legal Services in Canada”.

In January 2013, the Futures Committee published a very comprehensive report entitled “The Future of the Legal Profession: Report on the State of Research”. This report summarized research conducted around the world by or about Bar Associations, Other Legal Associations, law schools, firms and legal futurists, articles, books, conferences and blogs. The methodology makes it clear that the focus was “the future of the legal profession and law firms”, access to justice and the role of bar associations. The . . . [more]

Posted in: Dispute Resolution

The Client Impact of Your Retirement

More than 10% of lawyers in BC are 65 years old or older, and that’s probably why a lot of you are discussing, or at least pondering, your own firm’s demographic composition and the necessity for successful planning.

A LSBC Benchers’ Bulletin states:

“Over 1,100 (or 10.4%) of the 10,700 practising BC lawyers today are 65 years old of age or older, compared to only 380 practising lawyers 65 or older in 2003 (4.2% of ­total). That’s an annual growth rate of 11.2%. There has also been a significant increase in the number of practising lawyers between the ages of

. . . [more]
Posted in: Legal Marketing

Only Connect!

I am 100% certain that E.M. Forster wasn’t thinking about legal publishing when he wrote that powerful phrase; on the other hand, it seems apposite given where we are in the development of online legal publishing today.

A couple of months ago I wrote about some of my hopes and dreams for the future of legal publishing. Legal infographics, the semantic web, open data—these are exciting times for legal publishers (I’m afraid I don’t agree with Robert McKay on this point).

I loved Susannah Tredwell’s column about skeuomorphism and how the format of the print book informs so much . . . [more]

Posted in: Legal Publishing

Robot Law II: Drones

The first technology column I wrote for Slaw was called Robot Law. In those days, the main uses of unmanned aerial vehicles (UAVs) or unmanned aircraft systems (UAS) – aka drones – were military, either for reconnaissance or for attack. Since then, civilian uses have expanded, and the technology has evolved to serve them. Individuals can readily buy drones the size of insects or the size of a microwave oven or larger. Commercial versions can be the size of small aircraft.

Among the many peaceful uses of drones are surveying, especially of hard-to-access or remote lands and installations like . . . [more]

Posted in: Legal Technology

A Different Take on ABS – Proponents and Opponents Both Miss the Point

The Lawyers Weekly recently included an article by Cristin Schmitz entitled Study sounds note of caution in ABS debate. Ms. Schmitz discusses a thoughtful paper by Nick Robinson who is a research fellow with the Harvard Program on the Legal Profession.

In an interview with Ms. Schmitz, Mr. Robinson said:

“I’ve been amazed in this debate how much each side kind of talks past each other, dismisses the concerns of the other side, or the point of the other side. I am a bit cautious about non-lawyer ownership in the paper, but I can also see in certain situations

. . . [more]
Posted in: Legal Ethics

Legal Business Development: Is a Lack of Confidence Holding You Back?

Confidence. Do you have it? Sure, there are times that your confidence has been shaken… but deep down, are you confident in yourself and your ability? And how important is confidence to your success as a lawyer, a community leader or a parent? A new book by journalists Katty Kay (BBC News) and Claire Shipman (Good Morning America) sheds some light on the subject in… Confidence Code.

Shipman explains in a short TV segment for ABC News, that you can transform yourself from a worrier to a warrior… We can create more confidence by creating better habits. In . . . [more]

Posted in: Legal Marketing

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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