We all know we have an access to justice problem in this country. Actually doing something about it is more of a challenge.

In 1999, Justice Rosalie Abella – then a Justice of the Court of Appeal for Ontario – gave a speech which should be required reading for every lawyer, every judge, every ministry of justice official, every law professor and every law student; in short, for everyone involved in whatever way in the legal profession. Clients don’t need to read the speech because they experience its bitter truths.

Sadly, Justice Abella’s speech is timeless. The only thing that . . . [more]

Downtown lawyers. In-­house lawyers. Offshore lawyers. And now, WalMart lawyers. Beyond what we do, we are also in no small part defined by where we do it. The recent launch of a firm offering services within several Ontario WalMart locations has crystallized this point, and set tongues a­-wagging in North American legal circles. Many see “WalMart law” as a certain harbinger of impending Armageddon for all that was once sacred and noble about the profession. Others welcome it as an overdue acknowledgement that times have already changed, and that lawyers must accept that “because that’s the way it’s always been . . . [more]

Legendary reporter Christie Blatchford has long been feared by Toronto-area criminal defence lawyers. I personally have experienced a clawing sense of unease on those occasions when I have glanced over my shoulder before embarking on a difficult cross-examination and noted her at the front of the public gallery, pen poised to scratch furiously into notebook. Blatchford’s style for many years has been incisive, descriptive, graphic, and often ruthless when she (more often than not) reaches the conclusion (usually well in advance of the trial judge or jury) that your client is a fiendish monster. So legendary is her vitriol and . . . [more]

In the early 1980s, I lived for several years in Germany, pursuing post-graduate studies in the history of printing at the University of Cologne, thanks to a generous scholarship from the German government. I made many friends there, and we still telephone and visit regularly; and through these friends I made many acquaintances across Germany. Among them were several interesting and amusing individuals in East Berlin, whom we made a point of visiting whenever we could, despite the indignities of having to pass through the Wall. We’d bring them gifts from the West, especially things that were unavailable and sometimes . . . [more]

The Atlantic Magazine has another blockbuster cover story in their May edition investigating the confidence gap between men and women.

Following on the heels of Sheryl Sandberg’s bestseller “Lean In”, the article examines the internal belief (held more frequently by women than men) that someday, someone will discover that despite being a senior law firm partner, they have been fooling everyone and are not competent to do the job. It is remarkable how frequently the aptly named “imposter syndrome” not only holds women back from taking on more senior roles but continues to haunt them once they attain senior status. . . . [more]

Romania joined the European Union in 2007. Accordingly, its citizens can presumably benefit from the recent ruling of the Court of Justice of the EU compelling search engines to comply in certain circumstances with requests from individuals to “de-link” search results where their privacy interests are implicated. But what rights, if any, are possessed by a Canadian who carries out a vanity Google search of their name and discovers that a Romanian website has republished personal details from a Canadian court case that is on the internet, yet “practically obscure” through its unlinked presence on CanLII? This is . . . [more]

As a marketing and communication professional, I am always trying to find ways for my firm and the professionals in my firm to stand out from the pack. At the firm level this means knowing the practices, the goals and the strategy – it is also about knowing the culture, the people and the opportunities. This doesn’t change when looking at a practice or individual other than size and scope. Sometimes we go too far in trying to be different and miss out on what is most important which is our partnership with clients.

One thing I have tried to . . . [more]

Boy oh boy, is this a hotly debated topic – and we happened to attend a very illuminating presentation by Mark Jacobsen, the Senior Director of Strategic Development and Thought Leadership for FindLaw (long position title!). While I am normally somewhat skeptical of FindLaw (after all, they are in the business of selling websites/SEO), Mark did a great job of presenting a study done by FindLaw in a “teaching” rather than a “selling” way.

His presentation was entitled “The Futility of Chasing Silver Bullets: An Analysis of Aggregate Search Performance for Law Firm Websites.” They apparently like long titles at . . . [more]

When legal education reform is discussed, Slaw readers may have heard mention of the Carnegie Report without knowing what the report is all about.

Simply put, the Carnegie Report calls for significant changes in legal education in North America. It recommends an integrated approach to legal education. The report identifies “the three apprenticeships” of legal education (theory, ethics, and practical skills) and calls for the apprenticeships to be integrated into courses throughout law school.

The Carnegie Foundation for the Advancement of Teaching is a US based foundation founded in 1905. It describes its mission is as being “committed to developing . . . [more]

In a fascinating new book that has just been published, What Should We Be Worried About?, John Naughton expresses his big worry:

[W]e are increasingly enmeshed in incompetent systems – that is, systems that exhibit pathological behavior but can’t fix themselves (…) because solving the problem would require coordinated action by significant components of the system, but engaging in such action is not in the short-term interest of any individual component (…). So in the end, pathological system behavior continues until catastrophe ensues.

Legal systems can be like that: incompetent and unable to change. In this column I reflect . . . [more]

Training United States law students in the skills of legal research has never been easy. It is hard to do well, but that is not the heart of the problem. The lack of institutional support for the effort has always presented the most basic of challenges. Like regular exercise or avoiding sweets, research skills are much praised but seldom actualized. At most law schools legal research is part of the first year curriculum. It is almost inevitably taught by non-tenure track instructors. In the hierarchy of U.S. legal education, and hierarchy is a major theme for law schools, non-tenure track . . . [more]

I thoroughly enjoyed all the discussion around my last column. It seems to me that these conversations are really around our long-time favourite legal publishing topic: where will change come from and what will it look like?

Colin Lachance’s response gave me plenty to think about. What’s the business model of the future for Canadian legal publishers? (This is another way of saying “show me the money”.) And what will new legal information sources look like?

There’s obviously an appetite in many parts of the country for more relevant and cost-effective secondary sources. Our CLEBC publishing program is something . . . [more]