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Archive for ‘Columns’

“And the Winner Is….” What Place Should Award Nominations Have in Your Marketing Efforts?

As I write, awards season is in full swing: gala dinners at glitzy venues, grip ‘n’ grin photographs, grateful recipients thanking their mothers. Is this annual ritual just an ego boost for a few and a waste of time—and money—for many? Or can it produce results beyond those fleeting 15 minutes of fame?

Law firms receive many solicitations for award nominations. Legal publishers create awards events to augment dwindling advertising revenues, exhorting you to nominate clients or colleagues. Charitable organizations want you to help them acknowledge the contributions of volunteers and donors as part of their fundraising efforts. Local institutions . . . [more]

Posted in: Legal Marketing

Who Is the Inventor?

Enthusiastic entrepreneurs consult with patent agents about the protection of their new product. Often a successful team for an entrepreneurial business includes someone with technical skills, someone with marketing skills, someone providing business direction as well, of course, with one of more persons providing financial backing. Often all want to be named as inventors on a patent application. A key question which comes up is to identify who are the inventors.

That question was answered by the Federal Court in Drexan Energy Systems Inc. v. Canada (Commissioner of Patents) 2014 FC 887, a case where four people worked together on . . . [more]

Posted in: Intellectual Property

To Tenure, or to Not Tenure – That Is the Question

Tenure is one of those sticky academic topics. Those on the outside of the acadame wonder why anyone would or should be granted a “job for life.” On the inside, the question was not “if” we should have tenure, but “who.” Throughout the entirety of my career as an Academic Law Librarian and Legal Research Professor, my colleagues and I debated with the question of whether or not we should be (1) tenure track and, if so, (2) considered part of the law school faculty and invited to participate in the governance of the school.

At the time, I held . . . [more]

Posted in: Legal Education

Legal Citation: Beyond the McGill Guide

This past summer, the Canadian legal profession was presented with yet another edition of the Canadian Guide to Uniform Legal Citation/Manuel canadien de la référence juridique, aka the McGill Guide. This new edition, the 8th in 28 years (an average of one edition every 4 years since its first publication in 1986) was expected, though not anticipated with any enthusiasm. Fellow Slaw columnist Susannah Treadwell has recently posted a review of the work. It seems to me that the changes to the previous edition are few, inconsistent, and not obviously necessary (Another colleague has told me that . . . [more]

Posted in: Legal Information

UNCITRAL’s WGIII on Online Dispute Resolution… a Seemingly Perpetual Tug of War

Between October 20th and 24th, as it does every Autumn, UNCITRAL’s Working group III on Online dispute resolution met to try and finally draft procedural rules for ODR providers. Unlike previous sessions, this year’s was rumoured to be a “make it or break it” meeting. This could be gleaned from the restatement of the directives given to participants in July of 2012 by UNCITRAL:

(a) the Working Group should consider and report back at a future session of the Commission on how the draft rules would respond to the need of developing countries and those facing post-conflict . . . [more]

Posted in: Dispute Resolution

Advice for the Reluctant Delegator

Are you a reluctant delegator?

  • You have tried delegating and have been let down time and time again.
  • You have found that no one does the work as well as you, or the way you want it done.
  • You have concluded that it is just faster and easier to do it yourself.
  • Or by the time you figure out that something could have been delegated it is too late.

On a scale of one to ten, one being you have never delegated a thing in your life, and ten being you are a star delegator, how would you rate yourself? . . . [more]

Posted in: Practice of Law

Liar, Liar Pants on Fire: Study Proves Children as Young as Two Capable of Lying

Kids lie.

Anyone who doesn’t accept this as a statement of fact either isn’t a parent, or is in for a terrible surprise one day from their cherubic little angel.

It isn’t every kid who is a pathological lying demon-spawn nor do those kids who do have a tendency to gild the lily do so on every occasion but the common mythology that children of a certain age aren’t either capable of, or pre-disposed to, fabrication is just that – a myth.

When a child prevaricates about canine homework consumption, the lie is easily brushed aside. No harm, no foul. . . . [more]

Posted in: Justice Issues

Practicing With My Girlfriends

I once asked a senior woman lawyer how she was adjusting to working in a small boutique firm after spending most of her career at a large national law firm. She laughed and said the difference wasn’t the number of lawyers but the fact that her new firm had all female partners and mostly female associates. I asked her what difference that made. She summed it up in a way that I immediately understood. She said, “It’s like practicing with my girlfriends.”

Most women (at least those who value having women friends) will understand immediately what that means. Relationships, and . . . [more]

Posted in: Practice of Law

Use the Spirit of the Holiday Season to Improve Your Networking

The holiday season is here, and that means most of us will be doing a lot of networking, whether formally or informally, at office holiday parties, bar association events, family functions and get-togethers with friends, neighbors and colleagues.

While attending these festivities, we shouldn’t lose sight of the fact that the spirit of the holidays is really all about giving to others and being thankful for our blessings. Keeping these seasonal sentiments in mind can improve your networking.

Be a giver: Focus on others and how you can help them

Successful networkers know that the basis of solid relationship building . . . [more]

Posted in: Legal Marketing

Dreaming of the Future of Law Firms

In my previous post, I identified a number of themes that weaved their way through the sessions I attended at the annual conference of the International Legal Technology Association (ILTA) in August. I did note, however, that one session, entitled Do Robot Lawyers Dream of Billable Seconds?, was particularly provocative. I therefore opted to devote a full post, namely this one, to that one session.

The panelists were (in alphabetical order) Stuart Barr of High Q, Joshua Lenon of Clio, Michael Mills of Neota Logic, and Noah Waisberg of Diligence Engine. The panel was . . . [more]

Posted in: Legal Technology

The Real “Articling Crisis”?

The Law Society of Upper Canada is again in the news. This time, the focus is on the recently released Consultation Paper entitled Addressing Challenges Faced by Racialized Licensees. An article in the Toronto Star has called the report “blunt” and characterized it as “containing disquieting findings.” Another piece in the Law Times, titled “Non-white lawyers feel alienated, report finds” details a variety of the report’s findings and highlights LSUC’s invitation for input.

This media attention is no doubt a positive thing. The Consultation Paper confirms what many have been saying for years: “racialization is a constant and persistent . . . [more]

Posted in: Legal Ethics

Stay of Environmental Order Pending Appeal? Not Likely.

Does the public interest in environmental protection allow the sacrifice of the innocent? The Ontario Ministry of the Environment and Climate Change, and the Environmental Review Tribunal, think it does.

Few people, however innocent, can afford to appeal environmental orders, if they must also comply with the order throughout the appeal, with no prospect of recovering the funds even if the order is found to be illegal. A recent decision of the Ontario Environmental Review Tribunal (ERT) shows how difficult it has become to obtain a stay pending appeal of environmental orders in Ontario, with no immediate prospect of improvement. . . . [more]

Posted in: Justice Issues

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