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Archive for ‘Columns’

Using Data to Leverage Access to Justice

During the closing session of the Canadian Bar Association’s Envisioning Equal Justice Summit: Building Justice for Everyone, held in Vancouver in April, we were asked to come up with one idea from each table to help access to justice and to move justice reform forward. Through the lens of legal information and based on the sessions I attended Saturday, the thing I would like to discuss further is developing expertise in analyzing and explicating existing datasets and creating the structures to collect new data about the legal system to assist in evaluating the effectiveness of programs and demonstrating . . . [more]

Posted in: Legal Information

XSLT

XSLT refers to Transformations, a member of the Extensible Stylesheet Language family: http://www.w3.org/Style/XSL/. As the World Wide Web Consortium (W3C) describes it, “An XSLT stylesheet specifies the presentation of a class of XML documents by describing how an instance of the class is transformed into an XML document that uses a formatting vocabulary, such as (X)HTML or XSL-FO.” In other words, you can use it to transform an XML document into HTML. A little less directly, it’s also used to transform XML into PDF, EPUB, etc. This is important stuff, but not really very new anymore. . . . [more]

Posted in: Legal Technology

Should Lawyers Get a LinkedIn Premium Account?

One question I’ve been getting asked more and more frequently as I do presentations on LinkedIn for lawyers is whether it’s worth getting a paid LinkedIn account. For most lawyers, the basic (free) LinkedIn account has more than enough features to help you build your network, find and communicate with people and build relationships. But there are some advantages to having a premium account, depending on how you’ll be using LinkedIn. For example, if you’re planning to use LinkedIn as your main contact database, you might want to consider a premium account.

Here’s an overview of the different types of . . . [more]

Posted in: Legal Marketing

Self-Publishing Courts

Bombardier makes trains and planes. Courts and tribunals make judgments. Decisions are the main product of the judicial activity. Why are then courts not more enthusiastic when it comes to assuming the responsibility to publish their product on their own? The responsibility to run an open court lies with the court itself and today access to digital case law on the Internet can definitely be seen as a requirement of the open court principle.

With regard to self-publishing information, the judiciary has been overtaken by other branches of government, such as legislatures and Queen’s printers. The reliance of courts on . . . [more]

Posted in: Legal Publishing

Water Damage and Your Home Insurance

The recent floods in Calgary and Toronto have brought considerable attention to the water damage coverage and exclusions of most home insurance policies. Water damage represents approximately 40% of all eligible home insurance claims, and costs the Canadian insurance industry just under $2 billion annually. While most home insurance covers water damage, there are two significant situations excluded in a standard policy: flood and seepage. 

A flood, according to the Insurance Bureau of Canada, is defined as water flowing overland and entering your home through windows, doors and cracks. This is surface water on what would otherwise be dry . . . [more]

Posted in: Practice of Law

Review of the iPad in One Hour for Litigators

We have long been fans of Tom Mighell’s iPad books, which include iPad in One Hour for Lawyers, iPad Apps in One Hour for Lawyers, and now the third member of the series, iPad in One Hour for Litigators. If lawyers have tended to fall in love with the iPad, litigators are becoming obsessed with it.

The small form factor, the ease of use and the ability to compete with large firms which have huge litigation budgets have all been factors. One thing we’ve seen as we lecture is that litigators buy the iPad and only then ask, . . . [more]

Posted in: Legal Technology

Delivering Access to Justice in Aboriginal Communities

At the end of June the Attorney General of Ontario announced that Alvin Fiddler, deputy grand chief of the Nishnawbe Aski Nation would co-chair a new panel intended to help rectify the severe underrepresentation of First Nations peoples in Ontario’s justice and jury. The panel will oversee the implementation of seventeen recommendations made by former Chief Justice Frank Iacobucci in his report “First Nations Representation on Ontario Juries”. The report, which was released to the public last February, was initially intended to examine the narrow issue of First Nations peoples and jury representation. However, with Iacobucci drawing the . . . [more]

Posted in: Justice Issues

What if We Didn’t Wait? Promoting Ethical Infrastructure in Canadian Law Firms

Conventional models of regulating lawyer conduct tend to be largely reactive. In most cases, law society disciplinary regimes respond after a complaint is filed alleging that a lawyer has engaged in some kind of professional misconduct. One obvious shortcoming to this approach is that concerns are addressed only after they become problems. For clients and affected third parties, this type of “after the fact” regulation often provides little solace: lawyer discipline can be a lengthy, time-consuming process that yields little in the way of meaningful relief. Obviously, it would be preferable if the problem never occurred in the first place. . . . [more]

Posted in: Legal Ethics

Marketing Gets Technical

In one of my recent columns I discussed the idea of measuring marketing effectiveness. As an adjunct to that piece, I want to comment this time out on a trend I’ve noted in the marketing industry that I think is noteworthy for law firms – the rise of the digital marketer.

In-house marketing roles in law firms have historically focused largely on “the classics” of professional services marketing – business development (co-ordinating RFP responses and assisting with client pitches), event management (client seminars and firm receptions) and brand identity projects as well as oversight of firm print collateral (brochures, . . . [more]

Posted in: Legal Marketing

The European Regulation on Consumer Online Dispute Resolution – Where Are We Now?

As mentioned in a previous post, the Cyberjustice Laboratory was proud to host the 2013 ODR Forum, which took place on June 17th and 18th in Montreal, Quebec. Among the issues addressed by our panelists and esteemed guests during those two days was that of the European Regulation on consumer ODR, a document that is seen as both a step in the right direction and a source of great confusion. If most in the ODR community welcome the document, general consensus also seems to be that important details remain to be incorporated for it to be implementable . . . [more]

Posted in: Dispute Resolution

Competitive Plagiarism

Ask most firm leaders to identify those business CEOs that they most admire and they would probably list a small group of highly entrepreneurial names that would include Jack Welch, Steve Jobs, Richard Branson or Warren Buffet. Ask why they admired these particular individuals and you would probably hear about the individual’s self-confidence, decisive boldness, the originality of their strategic direction, and contrarian beliefs. However, if you now inquire into what strategies these leaders were themselves advocating in their own firms, the answers you would receive would be depressingly unlike those of the leaders they admire.

To make this point . . . [more]

Posted in: Practice of Law

Law Reports, Digests and Public Access to Legal Information

[I begin this column with an aside. Because I will be discussing The Canadian Abridgment, the nonpareil of Canadian legal information, I want to give any non-Canadian readers some context. For American colleagues, The Canadian Abridgment (published by Carswell and now in its third edition) is similar to West’s digest system (General Digest, Decennial Digest), with Canadian counterparts of Shepard’s Citations and the Current Law Index included for good measure. The Abridgment’s Australian counterpart is the Australian Digest. The foregoing digest services are all published by that jurisdiction’s local Thomson Reuters law publisher. The closest . . . [more]

Posted in: Legal Information

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