Canada’s online legal magazine.

Archive for ‘Columns’

Voices, My Personal Demons

I am not sure if the voices in my head were inherited or created for survival. I suffer from the disease of alcoholism and medical opinion suggests that the predisposition to this disease is inherited. All I know is that the voices are part of my disease and long before I took a drink and for as long as I can remember they were there.

At first the voices helped me cope with a very abusive father. However, even from a young age the voices were more detrimental than helpful. They told me “you are bad, you deserved it, you . . . [more]

Posted in: Practice of Law

CDs and DVDs Going the Way of Loose-Leaf Services

It would be my view that, even at its very best, the world of legal and professional publishing has been and is one that embraces evolution but not more. We see evidence of this in the recent sale back to its previous owners of American Lawyer Media. What goes round comes around would appear to be the preference and it seems that the major international law publishers were not interested in absorbing ALM. Perhaps this reflects their current view of the market. Still, there can be little doubt that the electronic revolution and the state of the economy . . . [more]

Posted in: Legal Publishing

8 Questions to Help You Bring Your “A” Game to Business Development

Are you in a rut? Are you just going through the motions of your business development? Are you not seeing results? Are you overwhelmed and going in too many directions? Maybe it’s time to take a closer look!

At the end of EVERY week reflect on your performance and results of the week. Here is a list of eight questions to ask yourself…

1. Was your client service so solid that your clients will give you more work?

2. How many referral sources did you reach out to this week?

3. Did you do something to develop a relationship this . . . [more]

Posted in: Legal Marketing

Where Are Your Encryption Keys?

Businesses that do not encrypt their information risk losing it. Legal professionals risk private and confidential client information when they do not take steps to secure it properly. Your operating system has encryption built in, through Windows Bitlocker or Mac File Vault II. If you are one of those lawyers on an older version of Windows, use Truecrypt or Diskcryptor to encrypt your hard drive.

Full disk encryption is a baseline now for legal professionals. If you must use portable drives, use your encryption software on them as well. In reality, all computers and drives are portable, which means . . . [more]

Posted in: Legal Technology

Basics of Strategic Planning

In April, I summarized an annual spring cleaning process that I recommend to clients in a post entitled “6 Steps for Small Firm Spring Cleaning”. The final step that was recommended for small firms was the development of a strategic plan. In the April post I stated that “Strategic plans do not have to take an inordinate amount of time to develop and they do not have to become unwieldy documents that nobody uses.” I then promised that my next post would include some basic tips for developing a strategic plan and below is my attempt to do so.

The . . . [more]

Posted in: Practice of Law

Open Data Husbandry

In Canada, the legal community started reaping the benefits of open data not only before it became trendy, but even before governments started becoming familiar with the concept. Indeed, in mid-nineties, when our governments were still jealously protecting their information assets, the free access to law activities begun in Canada. Every crack in the otherwise watertight system of protection was exploited and opportunities were grabbed as they showed up. The Supreme Court is open to freely distribute its ruling: let’ start with that then. Justice Canada is ready to publish the laws for free: let’s go for it. At a . . . [more]

Posted in: Legal Publishing

The Value of Professional Associations

Background

In speaking with other in-house counsel, it is apparent that the majority face challenges with resource constraints. Chief among these are constraints around headcount and budget, and generally being able to find ways to handle the volume of work required. In the face of this reality, common reasons expressed for not belonging to professional associations or financially supporting members of their team to do so include “I don’t have the budget,” “I don’t have the time” or “I am too busy.” In the long run, I suggest companies have much to gain by permitting, and even encouraging, their professionals . . . [more]

Posted in: Practice of Law

What Technical Skills Should We All Really Be Learning?

A great deal has been written about what technical competencies the legal community should learn in order to move forward professionally. It seems that much of this, while well meaning, overstates the level of knowledge needed to excel in legal practice and other jobs in the legal industry both in the present and the future. I am not trying to imply that there isn’t opportunity for those who would like to explore the technical side of the legal industry, but that doesn’t mean there is room for the advancement of all individuals in this area or that all careers will . . . [more]

Posted in: Legal Information

Effective Negotiation Strategy Is an Essential Element of Litigation

Negotiation theory is generally based on two models of negotiation:

– positional negotiation, which includes terms such as “distributive,” “competitive” and/or “adversarial,” bargaining

– interest-based negotiation, which includes terms such as “integrative,” “problem-solving,” or “cooperative problem-solving,” or “collaborative” bargaining

Prof. John Lande, of the University of Missouri School of Law’s Center for the Study of Dispute Resolution, also theorizes a third model, which he calls “ordinary legal negotiation”, which is a hybrid based on norms that develop in certain practice areas, geographical regions or under specific court or ethical rules.

In a pair of forthcoming articles in the Cardozo Journal . . . [more]

Posted in: Dispute Resolution

8 Auto Insurance Myths

1. A speeding ticket means your insurance rates will go up

Most companies will not increase your insurance rates for a first time, minor speeding ticket. However, if you accumulate two or three convictions within a few years, or get a major speeding ticket (more than 50 km/h over the speed limit), and you can expect a big rate increase, or a cancellation letter from your insurer.

2. Parking tickets can increase your insurance rates

Parking tickets do not have an impact on your auto insurance rates, but unpaid parking fines could affect your ability to renew your driver’s license . . . [more]

Posted in: Practice of Law

Making Your Firm Look Good: Working With Designers

Once upon a time there were two law firms, both founded in the same year. As they struggled to build their clientele, they both realized that they needed to build an image as well. At a partners’ meeting, Law Firm A debated the image issue at great length, accompanied by rhetoric that would make a seasoned juror weep. Eventually one-third of the partners decided they didn’t want any part of the discussion, another third was vehemently opposed to anything but the most conservative image, and that left a few mavericks bound and determined to “take this firm into the 21 . . . [more]

Posted in: Legal Marketing

Recent Trends in Legal Aid

The most recent legal aid data are now available in tabular form on Cansim rather than in the familiar publication , Legal Aid in Canada: Resource and Caseload Statistics, which has been discontinued. Keeping track of trend and change in legal aid has never been more important. Legal aid is by far the largest part of the access to justice landscape in Canada. Even with constraints of the current fiscal realities, or perhaps because of them, legal aid systems have the infrastructure, the expertise and the resources to contribute significantly to expanding access to justice in Canada.

The good news . . . [more]

Posted in: Justice Issues

3li_EnFr_Wordmark_W

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