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Archive for ‘Columns’

“Low-Value, High-Volume” Disputes: Defining the Indefinable

Since 2010, those of us in the online dispute resolution (ODR) community have usually either ended the year or begun the new one reading reports from the November session of the United Nations Commission on International Trade Law’s (UNCITRAL) Working group on online dispute resolution (Working group III or WG3) to see what – if any – strides have been made since the preceding Summer session. We (and others) have discussed at great length the work being done by this working group and have even expressed our doubts as to whether said work would ultimately be useful . . . [more]

Posted in: Dispute Resolution

Design for Findability Not Just Search

find∙a∙bil∙i∙ty n. – “the ease with which information contained on a website can be found, both from outside the website (using search engines and the like) and by users already on the website”
(http://en.wikipedia.org/wiki/Findability)

I prefer this term to “search” as it focuses on outcomes (how easy it is to find something), rather than inputs (what someone may or may not put into a search box). It also transfers the onus onto those in KM to make something really easy to find, rather than on lawyers knowing what they should or shouldn’t be typing into that box.

I’ve . . . [more]

Posted in: Legal Technology

Looking for Lawyers: Recruitment Marketing

In a previous column, I mentioned that law firm marketing activities should help enhance at least one of the four Rs: Revenue, Reputation, Referrals, and Retention. 

I missed a big one: Recruitment.

Is recruitment a marketing initiative? Depending on your involvement in the process, your answer might range from “Of course it is!” to “Who cares?” Law firm marketing departments generally like working on recruitment programs, because they use someone else’s budget and they often get the chance to do something different to help their firm stand out in its quest for the best students. That’s the plus side. . . . [more]

Posted in: Legal Marketing

Law Society of BC Recommendations May Have Significant Implications

On December 6, 2013, the Benchers of the Law Society of British Columbia unanimously approved in principle, three recommendations that, if implemented, have the potential to significantly alter the future legal services landscape in the province.

The recommendations were contained in the final report of the Legal Service Providers Task Force, a group formed by the Law Society in the fall of 2012. The mandate of the task force was to examine issues relating to the question of whether the Law Society of BC should regulate only lawyers, or whether they should regulate all legal service providers in the . . . [more]

Posted in: Practice of Law

Free European Sources Online

Free resources can be great – the revamped Eur-lex in operation
When we use e-resources in the law, there has been a tendency to value the paid resources over the free ones. Sometimes the free resources are not seen as truly comprehensive collections, whereas the purchased ones are; sometimes the linking and cross referencing is more sophisticated in the commercial databases; often the value-added editorial content of headnotes prepared by legal editors has been enough to justify the outlay for these reports and legislation online.

However as more and more bodies such as governments make their resources freely available online, . . . [more]

Posted in: Legal Information

Looking for the Gems: Overcoming Bias in Law Firm Recruitment

In early January, London-based global mega-firm Clifford Chance LLP made headlines when The Independent reported that the firm had “quietly introduced a ‘CV blind policy’ for final interviews with all would-be recruits.” According to the report, “staff conducting the interviews are no longer given any information about which university candidates attended, or whether they come from state or independent schools.” The reported aim of the change in practice was to “neutralize” bias towards candidates from elite English universities like Oxford and Cambridge. An anonymous senior employee was quoted in The Independent’s story, saying, “We’re looking for the gems and . . . [more]

Posted in: Legal Ethics

Netflix Sub-Genres and Self-Represented Litigants

From my holiday viewing habits, Netflix now seems fairly (and justifiably) certain that I will be intrigued by content categories such as “Crime Comedies”, “Absurd Satires”, “Witty British TV Shows” and “Critically-Acclaimed Movies from the 1980s”. A recent article in The Atlantic tells us that Netflix has nearly 77,000 micro-genres and still deeper micro-tagging and rating of the underlying content. This data, combined with monitoring of viewing and clicking activity allows Netflix to, in the words of Netflix’s VP of Product Todd Yellen, put “the right title in front of the right person at the right time.”

The Netflix magic . . . [more]

Posted in: Justice Issues

Motorbikes, Marissa Mayer & Musings on Where Legal Marketing Might Move Next

Other than heavy reliance on alliteration what do these three things have in common? They’ve all been on my mind in recent months. And as such things go, what I’ve seen and read about the first two have influenced the third. Here’s how:

Motorbikes

A few years ago I scratched a long-standing itch and re-engaged with my childhood love of motorbikes, purchasing the machine I’d dreamed of ever since my parents sold my 50cc minibike. Now I’m back on the road, but the middle-aged realities of running my own business and raising three kids means days spent actually riding are . . . [more]

Posted in: Legal Marketing

Is KluwerArbitration the Best?

Every year I re-evaluate existing e-resources for researching international commercial arbitration law. Every year, I’m not entirely satisfied. KluwerArbtration seems to provide the best, most comprehensive accesss to resources, and students, faculty, librarians, and practitioners mention it most. But every year, I double-check. Does KluwerArbitration pass the Vis Moot test?

The Willem C. Vis International Commercial Arbitration Moot is an annual competition open to law students worldwide. Over 250 law schools participate. “The Willem C. Vis International Commercial Arbitration Moot is a competition for law students. Students from all countries are eligible. The Moot involves a dispute arising out of . . . [more]

Posted in: Legal Information

2013: A Retrospective With No Top Ten List

As I write this column, 2013 is winding toward its close. Like most years in the 21st Century, it was filled with innovations in information. The changes accelerate as time passes. Current undergraduates view the world before the coming of WiFi, iPhones and social media like for those born after electricity was brought to the masses. How did people live before the change? Who cares? Much is being gained, much is being lost. As Charles Dickens put it, it was the best of times, it was the worst of times. I will recap the year with one gray story, . . . [more]

Posted in: Legal Information

Be More Open on Your Android

Google’s Android operating system is open source. The rest of the software on your Android tablet or smart phone may be a mixture of commercial, freemium, and other business models, including free, ad-driven apps. Lawyers and other legal professionals will find high quality open source apps in the Google Play store but you can get to them more cleanly by using the F-Droid package manager.

Alternate Android app stores abound: Amazon has one, as do Opera and many of the phone makers. Amazon’s store is an app on your device, and offers a free app each day. Opera . . . [more]

Posted in: Legal Technology

Active Adjudication and Impartiality

Access to justice should not stop at the hearing room door. Much of the current discussion of access to justice has focused on getting people into the justice system, with little discussion of how to make justice accessible once they get there. In a justice system that increasingly has self-represented parties as well as unequal representation, fairness and efficiency require that adjudicators take a more hands-on role in the hearing process. This hands-on approach has been termed “active adjudication” by commentators and adjudicators.

There are a great variety of adjudicative tribunals in Canada, all with different rules and approaches to . . . [more]

Posted in: Dispute Resolution

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