The tragic loss of Aaron Swartz on January 11, 2013 has given rise to a thoughtful swell across the blogosphere and news media on information rights as well as crime and punishment. His life has been rightly celebrated for his contributions to a more open and free exchange of knowledge, just as the federal prosecutors have been excoriated for the mishandling of the alleged charges against Aaron of illegally downloading over four million scholarly and previously published articles from JSTOR. In the aftermath of this tragedy, what comes to mind, for me, at least, is how the law contributes to . . . [more]

Over the past year, Google has made a number of significant changes to its delivery of search engine rankings. In light of those changes, law firms that employ various aggressive search marketing tactics need to reconsider them. In this column, I want to highlight some of the major web-spam filters that Google has created and offer some important (and ethical) lessons for maintaining a strong search engine presence.

Let’s start by discussing a couple of those changes.

Penguin and Panda

Major alterations to Google’s ranking methods tend to be given nicknames, kind of like hurricanes — but for some businesses, . . . [more]

CIRA, the Canadian Internet Registration Authority, manages the registration of domain names ending in “ca”. It has created a set of rules and procedures, called the Canadian Dispute Resolution Process (or CDRP), for resolving some of the disputes that arise over domain names, particularly cybersquatting. Everyone who registers a dot-CA domain name agrees to abide by CIRA’s rules and procedures.

In a couple of recent dot-CA domain name disputes, the outcome has turned on the timing of the formation of the party complaining about a domain name. It is important that before bringing a domain name dispute that you investigate . . . [more]

Given the constant flow of events in the world of information and the waves of change confronting librarians, I search for a unifying theme. Can I find something that manages to pull it all together for me? As a law professor I talk to my students about that moment of insight when all of the pieces fall into place, when what had previously been a jumble of unconnected information suddenly shifts into a discernible pattern. Even if the fine details of the final product are unclear, there will be a structure, the subject will make sense. Where is such a . . . [more]

A good lawyer, with knowledge of how and when to use the right tools, has a competitive advantage. Those tools might be varied, and are not limited to IT.

Jordan Furlong’s article “The Law of the Pencil – Innovation and Client Service in the New Millennium”, mentions the urban myth of NASA spending millions on a “space pen”, while the Soviets used a pencil. Law firms (and others) have also been known to blow millions on IT that could have been spent more wisely.

The humble pencil might be far superior to alternatives in certain circumstances, ie to . . . [more]

As a first post on legal ethics, it seems appropriate to ask “what exactly are we talking about”. The answer isn’t as simple as one might think given the number of different perspectives involved.

Courts set (or reflect) legal ethics in cases involving lawyers. Law Societies set legal ethics in codes of conduct and in discipline cases. Legal scholars posit appropriate legal ethics, either as a matter of formal legal reasoning or from varying philosophical perspectives. Practising lawyers develop their own sense of legal ethics in part from these other sources and in part from their participation in the legal . . . [more]

Was I alone ignorant of Echosign before that client dragged me into using it?

Recently, a client sent me a document for signing through Adobe’s Echosign service. At first I was surprised by this new eccentricity. However, a contract is a contract so I just signed it. I printed the signature – not out of suspicion of the technology but as material reminder to look into Echosign later on. It rested on my desk until Simon’s reminder about Lexum’s column which made me look around to retrieve the name of the signing system: Echosign. A proven leader in web contracting . . . [more]

The Internet has transformed society in so many ways. Even the ways we find information and the sources we rely upon have been fundamentally transformed. It appears our legal systems need to adapt to this new reality.

In R. v. McKay, 2013 ABPC 13 (CanLII) the Alberta Provincial Court had the occasion to consider these issues in the context of a charge under the Criminal Code. The accused had been pulled over, a breathalyzer was applied and then he was taken to the police station. At the police station he was given a toll free number, to the Yellow . . . [more]

If you engage in any form of meaningful strategic planning you cannot plan effectively without carefully examining the economic conditions that are likely to affect your firm’s prosperity over the next few years. And whether you practice in Canada or the United States, the U.S. economy has a profound effect on our combined prosperity.

For those who are regular readers of my material, you know that every so often I engage in flights of fancy believing that I may actually understand something about real-world economics. In August 2008, I authored a tract entitled Managing Through A Prolonged Downturn. In . . . [more]

For my first column of this year, I had first thought to compile a “top ten” list of major issues currently confronting law libraries and librarians. As I started work on the list, two things quickly became clear to me: first, the column’s space constraints would allow only the most cursory treatment of the ten issues; and second, it was becoming more and more obvious that almost all ten issues were related to or even driven by one great issue. That issue is library costs and the shrinking budgets with which we are expected to cover them. Law schools continue . . . [more]

We all know that person who constantly sends emails that lack a subject line. Or who sends rambling, lengthy emails that don’t seem to have a point. And there are those who send emails with open ended questions that require a game of email ping pong. You would never do any of those things – would you?

Sending a clear, concise and actionable email is the best way to get a proper response. Here are five ways to make sure your recipients open, read, and respond to your messages.

1.) Make the Subject Count

In Barbara Mento’s book Pyramid Principle . . . [more]

A law firm client once asked me to facilitate their retreat—with two weeks’ notice. Gulp. 

At the hastily called planning meeting, I asked the crucial question: why were they having the retreat? From my knowledge of their situation, I could have anticipated any one of several answers—except for the one I got. The managing partner first looked puzzled by the question and then said, “Well, we always go away somewhere!”

OK, so maybe I should have asked what they wanted to achieve, or what their goal was, or what they saw as the theme…but actually, I’d rather have an . . . [more]