Canada’s online legal magazine.

Archive for ‘Columns’

The Successor Counsel Problem

The story of Griffiths Energy’s unlawful payments to the Chad ambassador’s wife led last month’s news. Attention focused on the company’s self-disclosure and investigation, and also on the involvement by high profile Canadian lawyers in the original unlawful transaction. Based on the media reports so far, it seems that Griffiths was originally represented by the Heenan Blaikie firm. That firm advised Griffiths that the company “could not make or offer or give an advantage or do anything directly or indirectly with [Chad] Ambassador Bechir”. Griffiths then retained the MacLeod Dixon firm, and had MacLeod Dixon paper the transaction in which . . . [more]

Posted in: Legal Ethics

A “New” New Year’s Resolution

Well I felt pretty good about my 2013 New Year’s Resolutions:

  • SKI Mount Washington in February;
  • RUN another half marathon in May; and
  • HIKE the next section of the Colorado Rockies in July.

The only little problem was this nagging shoulder pain that came out of nowhere and seemed to be getting worse, not better, finally waking me up at nights. “You’ve got idiopathic frozen shoulder” the sports medicine doctor said cheerfully. “The bad news is that you will be in pain for about a year and you can’t do a darned thing about it.” I protested, saying that . . . [more]

Posted in: Practice of Law

Legal Snapshots From the Internet of Things

Everybody knows that computers are everywhere. This is old news. It used to be that a mechanic could fix an errant brake light in my car for 15 minutes of labour and a 15-cent bulb. Now I need a computer diagnosis and the replacement of a sophisticated multi-function panel. Hmmm – $175.00. Progress!

What may still be news is the degree to which the computers are talking to each other – and if they can talk, then they can be overheard.

Let’s start with cars. Richard and Cheryl Balough point out that the average car these days can run some . . . [more]

Posted in: Legal Technology

The Untold Story of the Smaller Legal Publishers

I’ve enjoyed recent columns by Gary Rodrigues and Robert McKay about the history of Canadian legal publishing. I joined CLEBC in 1988, and over my career it has been fascinating to watch the changes; for instance, Lexis’ purchase of Quicklaw, Carswell’s purchase of Canada Law Book, the rise of CanLII (and its technology partner Lexum), and the development of Irwin Law

You might conclude that with all the products and services offered by publishers such as Lexis, Thomson, CCH, and so on, there would be no need for any other legal publishers in Canada. There’s no doubt that . . . [more]

Posted in: Legal Publishing

Four Ways to Improve Your Marketing ROI

We all want our marketing efforts to go the distance. We want our work to be valued and valuable. I don’t know any legal marketing professional who doesn’t want their efforts to count. For these reasons, I believe, the Legal Marketing Association, Vancouver Chapter, asked me recently to present a session on how to increase marketing’s return on investment (ROI). How can our firms get even more from the ‘busy work’ of their marketing teams?

Put lightly, it’s a deep and complex topic and a challenge to skim its surface in a lunch session. Nevertheless, four key ways to . . . [more]

Posted in: Legal Marketing

Violence Against Indigenous Women: Need for Action Long Overdue

I have always remembered the words of a First Nations woman, a tireless advocate for action to keep Indigenous women in Canada safe – long before the issue was attracting any media or political attention. We were sharing the podium for a press conference on Parliament Hill back in 2004. She realized how crucial it was to make people understand how serious and widespread violence against Indigenous women and girls was, right across the country. She put it simply, noting that “every aboriginal community, family and individual in Canada has lost a sister, mother, daughter, niece, cousin, neighbour or friend . . . [more]

Posted in: Justice Issues

Med-Arb: From the Mediator Perspective

My Slaw colleague Ian Mackenzie suggested that we each explore the topic of med-arb – I would take the perspective of mediation and Ian the perspective of arbitration. I thought that would be a great way to spur more discussion about this “hot” topic.

When I taught “Introduction to Dispute Resolution” to first year students at UBC Law School a few years ago we spent some time collaboratively constructing the “DR Continuum”. I’m sure most of you are familiar with the linear chart showing dispute resolution processes along a line from “avoidance” on the far left to “war” on . . . [more]

Posted in: Dispute Resolution

Privacy in the Cloud, or Why Won’t Social Media Let Me Be Anonymous?!

I maintain several personalities on social media. I am a different person on Facebook than I am on Twitter than I am on Google+ than I am on LinkedIn, and I like to keep it that way. And even within particular media, I maintain multiple personas with different names and different passwords. I do this to keep my work life separate from my personal life, to be more efficient, to freely explore new technologies, and to reflect different interests. I also do this to explore the potential freedom to be anonymous on the Internet – to not be confined by . . . [more]

Posted in: Legal Information

Gratitude

Cicero (106-43 BC) the great Roman politician/philosopher considered gratitude the greatest of virtues.

Modern psychology argues that there is a correlation between gratitude and wellbeing. That is, a grateful attitude can lead to increased wellbeing.

Gratitude is not the same as being indebted to someone. Gratitude can be expressed when one is thankful for things such as fair weather or good health.

Gratitude has been the focus of several world religions but here I would like to focus on the kind of gratitude that Warren Buffet speaks of when he says that he has won the ovarian lottery. Buffett says . . . [more]

Posted in: Legal Publishing

Self-Preservation

We leave a trail of footprints across the Web that can seem ephemeral. Content on law firm Web sites changes, status updates to LinkedIn or Twitter fade, with new content taking the place of the old. In some cases, it’s out-of-sight-out-of-mind but it continues to live on. Twitter resells access to old posts through its Firehose, Web sites can be archived by services like the Internet Archive. That may not be the best way to keep track of your online activity. You can create a personal archive and preserve your own online footprints.

A personal archive can have a . . . [more]

Posted in: Legal Technology

Davos Trends

I mentioned the Annual Meeting of the World Economic Forum in Davos in my previous column. Did I spot any law of the future trends there?

For one thing, I rarely if ever heard the words ‘rule of law’. There was a lot of interesting interaction about Big Challenges – economic crisis, environmental crisis, peace and security crises, development, cyber and digital challenges, Arab Spring, innovation, the need for values, and the rise of African and Asia. Rule of law is, I must suppose, assumed to be part of solving all that. But assumptions make me a little nervous. I . . . [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