Canada’s online legal magazine.

Archive for ‘Columns’

Your Uninsurable Home? What Is Climate Change’s Wild Weather Doing to Insurance?

Across Canada, this year has brought severe storms, floods, wildfires and other catastrophic weather. As people in Calgary, Toronto and other hard hit areas try to rebuild their lives, most of them expect that someone should help them pay for the damage. Oil-rich Alberta has promised $1 billion to support the first phase of recovery and reconstruction. (The actual cost is likely to be much more.) But most people, in most places, need to rely on insurance when disaster strikes. What will happen when they cannot get it?

For the last decade, property insurers have been leading business voices about . . . [more]

Posted in: Justice Issues

Convergence, or a Tale of Two Conferences

Recently I had the great opportunity to attend two seemingly opposite conferences addressing the duality my professional life has taken on. Going directly from one to the other, I became aware immediately that lessons learned from one could be applied to the other: the similarities and differences very illuminating to problems both sets of professionals are experiencing.

One of the great things about my position as the Executive Director of the Toronto Lawyers Association is that I’ve been introduced to a whole new galaxy of professionals … the people that make up the Canadian Society of Association Executives. They are . . . [more]

Posted in: Legal Information

The Secret Is Out – Your Own Personal Business Coach in a Book!

There is nothing new under the sun when it comes to business development for lawyers. The challenge for any writer tackling the subject today is how to add value in a field already saturated with publications. Peter H. Freeman, the author of the ARC Group’s latest publication, Secrets of the Masters – The Business Development Guide for Lawyers, has successfully produced a fresh and practical guide that will make a worthy addition to every law firm’s library.

As a coach of lawyers I immediately appreciated Freeman’s approach to the subject matter. Here is my top ten list of what . . . [more]

Posted in: Practice of Law

“Effective Practices” for Resolution of Intellectual Property Disputes

There is a perceived reluctance to use private dispute resolution (either mediation or arbitration) to resolve intellectual property (IP) disputes.

One reason is that IP rights (patents, trademarks and copyright) are statutory monopolies, granted on a national basis. Therefore, rights holders must look to government authorities and national courts to establish and enforce these rights.

However, the most valuable IP rights are commercialized internationally, so national enforcement and dispute resolution is very costly, time-consuming and inefficient. IP litigation is also public and potentially fatal to confidential information and trade secrets. That’s why there is a compelling case for both owners . . . [more]

Posted in: Dispute Resolution

Laws With Blogs

Blogging these days is as natural as breathing. Everyone has a blog. My firm has a blog. You’re reading this column on a blog. Heck, if the television shows my children watch are to be believed, even dogs have blogs. So, it takes something fairly special to attract the cynical interest of an over-blogged lawyer such as myself.

Enter Legal Aid Ontario’s (LAO) new blog – the first ever by a Canadian Legal Aid plan.

The blog bills itself as “stakeholder communication meets social networking” and is seeking to walk a fine line, catching the essence of a . . . [more]

Posted in: Justice Issues

The REAL Initiative in BC – Five Years Later

In March of 2009, the Canadian Bar Association BC Branch (CBABC), with funding from the Law Foundation of BC, launched the Rural Education and Access to Lawyers Initiative (REAL). This initiative was the first of its kind in Canada to recognize the importance of ensuring continued access to legal services in small communities and rural areas and to highlight the challenges that these communities were and continue to face. The Initiative was established as a coordinated set of programs to address the current and projected shortage of lawyers in these communities which was brought about by the aging of the . . . [more]

Posted in: Practice of Law

Easy Encryption for Email – Not an Oxymoron

Sending highly confidential or personal information via unencrypted email is like sending a postcard. There are many places that postcard goes before it reaches its recipient – and can be read by anyone along the way. Regular email is sent via plain text, and if you watch Google’s “Story of Send” you can see how many touch points a Gmail message has from the time you hit “send” to the time it gets to your recipient. Email can be intercepted by sniffers or read while saved on remote servers. And that is just the beginning.

Your “deleted” messages are likely . . . [more]

Posted in: Legal Technology

Responsive Design Websites

If you are currently considering a new website, you may want to build it for the mobile generation, and you will want to include responsive design. All websites – including law firm sites – are seeing an increase in mobile traffic. Mobile users require unique usability and it is anticipated that in the near future, mobile devices will account for nearly half of your website’s visitors.

Responsive design is a technology aimed at crafting sites that provide an optimal viewing experience – easy reading and navigation with a minimum of resizing, panning, and scrolling – across a wide range of . . . [more]

Posted in: Legal Marketing

Yes, but Will It Blend? Feedback on the CanLII Beta

Blendtec makes amazing blenders, a fact well understood by millions of YouTube visitors that have seen the blenders make soup or dust out of iPads, glow sticks, bic lighters and many other objects one would not normally place in a blender. No matter your needs or level of sophistication, you can be sure the Blendtec product will deliver on its core promise.

So what is the “will it blend” question for a free, online legal research tool like CanLII? And is there a single answer to the question or are there many?

Common need, diverse practices

Regardless of the level . . . [more]

Posted in: Justice Issues

Making the News

Law firm marketing activities should help enhance at least one of the four Rs: revenue, reputation, referrals, and retention. One way of enhancing reputation is to be quoted in the media. 

Now, some lawyers would rank facing the media right down there on the popularity scale with root canals. They would consider the idea of actually cultivating relationships with journalists to be unseemly. However, you’ve all read news articles where the same lawyers get quoted over and over again. I’m sure you’ve wondered, “That lawyer doesn’t know any more than I do about that topic. How come he/she gets quoted . . . [more]

Posted in: Legal Marketing

Does Solicitor-Client Privilege Apply to an Attorney-General Who Is Not a Lawyer?

No, it should not. That’s the best answer under existing doctrine and I think it is also the right answer.

In my previous post The Curious Case of the Non-Lawyer Attorney General: White Tiger of the Legal Profession, I reviewed the BC courts’ rejection to a challenge to a non-lawyer being appointed to the top legal job in the BC government.

Since then, BC Premier Christy Clark appointed a lawyer (!) as Justice Minister and Attorney General (The Hon. Suzanne Anton).

Despite this, the trend of non-lawyers being appointed as AGs is not abating and the . . . [more]

Posted in: Legal Ethics

Leadership Training for Women Lawyers: Transforming Women and the Places Where They Work

Sheryl Sandberg’s recent book “Lean In” urges women to develop greater confidence by moving past internal barriers and leveraging their strengths to move into positions of greater responsibility. This is easier said than done. How do you increase your self-confidence and capitalize on your strengths to do this? How do you overcome inner barriers or external biases if you are not even aware what they are? The answer is through leadership training.

Leadership training is one of the most under-valued and misunderstood opportunities for lawyers – especially women lawyers – to advance their careers. While lawyers regularly take courses in . . . [more]

Posted in: Practice of Law

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