In Wright v. Wright [2013] EWCA Civ 234, the English Court of Appeal suggested that it may be time to review the rule articulated nearly a decade ago in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 to the effect that a court cannot order unwilling parties to participate in mediation.

The dispute in Wright involved two unrepresented businessmen who had a falling out after years of successful collaboration. The litigation had been hard-fought and protracted. The court observed that the case involved “a breakdown of trust and friendship” and observed that “mediation is the obvious . . . [more]

In my previous article I discussed the different ways in which Change can affect us – and whether it is welcomed or it is being endured has a great deal to do with that. We know Change is inevitable and constant, so our best strategy is to prepare ourselves, in body and mind, to run the marathon that it presents.

Whether you’re running with Change or away from it, it’s going to be a long haul. An SLA article from 2002, “Coping with Change in the Workplace,”[1] sets out a few basic strategies to make the constant transitioning a little . . . [more]

In the Canadian legal press, England and Wales is often presented as something of a regulatory boogieman. We are continually warned that, if we don’t shape up, we will lose the ability to self-regulate, just like those poor English lawyers! An equally strong undercurrent of anxiety percolates around English forays into non-lawyer ownership of law firms. References to “floodgates” and “earthquakes” abound; our calm Canadian sensibilities are aflutter. For a population that so often asserts itself as “not-American”, it seems like a new rallying cry has taken hold for many in the legal profession: anything but England!

Often lost in . . . [more]

By the time this column is posted, UNCITRAL’s Working Group III, the group charged with the drafting of procedural rules for business-to-consumer online dispute resolution (ODR) services, will be meeting in New-York city for its 27^th session, the 6^th session dealing with the drafting of said rules (previous sessions dealt with transport and shipping legislation). Ourselves, and others (mainly John Gregory), have reported and commented on these rules on multiple prior occasions, but as time goes on, the major question surrounding said rules is less and less “what should they say”, and more and more “why bother”. At . . . [more]

Mark the commercial litigator was constantly writing down his bills because of his “leave no stone unturned” approach to research and preparation of his files.

Krista was always late with her time entry. She would hold off releasing it until the very last minute for fear of missing some small detail.

Trent has a desk piled high with filing because he is always waiting for the right time to tackle it all in one go.

What do Mark, Krista, and Trent have in common? They are all perfectionists.

I had a good discussion today about perfectionism with Derek LaCroix, QC, . . . [more]

The results of the 2013 In-House Counsel New Media Engagement Survey conducted by Greentarget, InsideCounsel and Zeughauser Group in February 2013 reveal that among the 379 in-house counsel who responded, social media use and consumption of information on mobile devices are on the rise.

Here’s a breakdown of some of the results and what lawyers can do to get the attention of in-house counsel online.

Most Popular Media for In-House Counsel

LinkedIn, the “professional network,” is the one in-house counsel turns to most to obtain information and to expand their professional contacts. Two thirds of all respondents . . . [more]

A professional friend of mine in the health-care field once confided to me his very wise approach to automotive shopping. “You want to be classy. Refined. Executive. I can’t show up in an old econo-box and still expect the patients to trust and respect me” he said. “On the other hand, there’s a balance. You don’t want to be so classy, refined or executive that your patients leave your office through the parking lot wondering why they’re paying you so damn much.” Kia and Porsche? Not so much. Stylish but sensible Acura? Just right.

It turns out that courthouses can . . . [more]

The authors thank D.C. Superior Court Judge Herbert Dixon, who maintains a two-way street of information sharing with us on this subject.

It was inevitable that, after lawyers flocked to social media, judges would follow. Unsurprisingly, stories of judicial misconduct are beginning to appear. But let us begin with the biggest news story of 2013 involving judges and social media.

ABA Formal Opinion 462

In the most striking recent development, the American Bar Association issued Formal Opinion 462 on February 21, 2013. While it was not groundbreaking, it certainly reaffirmed the general trends among states which have looked the implications . . . [more]

Somewhat off topic again this month as let’s face it legal publishing and talking about it an be rather dull to say the least. So let’s talk about Crime Wave Press Asia who have published 6 online titles since launching September 2012 and we do so love their tag line..”Crime Wave Press – It’s always too late for someone.

In the summer of 2012 two veterans of the publishing industry. Hong Kong based publisher Hans Kemp and Bangkok based writer Tom Vater got together and decided the time was ripe for a new publishing house, dedicated to crime fiction set . . . [more]

Must the highest legal officer in the land be a lawyer? Surprisingly, the answer is no.

Recently, the B.C. Court of Appeal dismissed an appeal from a decision of the BC Supreme Court that held that the appointment of a non-lawyer Attorney General (the Honourable Shirley Bond) did not breach that province’s Legal Profession Act. In Askin v. Law Society of British Columbia, 2012 BCSC 895, Madam Justice Stromberg-Stein held that “the Legal Profession Act cannot be read in a manner which limits the Lieutenant Governor’s absolute and unfettered right to appoint members to the Executive . . . [more]

I started off this column planning to write about free resources available from OUP. But then I started to think about the other on-line publishers, who also provide some limited content to non subscribers, and thought that this is something to be identified and shared in more detail. In a world where there is a rush to the monetization of knowledge, where we have a divide between the digital haves and have-nots , it is good to see that some of this knowledge is freely shared. For those with access to subscription resources, in law firms and universities, it’s sometimes . . . [more]

About five years ago I developed and began co-facilitating a special one-day workshop for brand new firm chairs and managing partners to help them prepare for taking on the enormous role of becoming their firm’s leader. This opportunity came about as a result of my having been engaged back in 2004 by a long-time client, an AmLaw 100 firm, to assist the Board in its selection of the next full-time managing partner and to then help that individual get comfortable in his new role.

What I quickly discovered was that most professionals have a naiveté about the skills and knowledge . . . [more]