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Archive for ‘Columns’

Planning for an Economic Tipping Point

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]

Posted in: Practice of Law

Library Budgets and Priorities: A New Year and a New Normal

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]

Posted in: Legal Information

Five Ways to Send a Better Email Message

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]

Posted in: Legal Technology

The Firm Retreat: How to Make It an Advance

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]

Posted in: Legal Marketing

Art, Courts and Social Media

In 2012, the Pew Internet & American Life Project conducted a survey of over 1,200 arts organizations to “understand how arts organizations are using the internet, social media, and other digital technologies to connect with the public.” The study found that enhanced public awareness, sharing and debate brought about by use of social media and other digital technologies are clear drivers of engagement with arts organizations and with art itself. Would a comparable survey of Canadian court use of digital technologies and social media disclose a similar effect on public engagement with the law and the Canadian justice system?

Yes. . . . [more]

Posted in: Justice Issues

Getting It Together – One Habit at a Time

This January Monica decided she was fed up with feeling behind at work. Tired of feeling tired. And done with working in a chaotic mess. She set a powerful goal for herself: By the end of the year she would feel healthy and energetic; her office would be organized and would remain tidy on a consistent basis; and she would be on top of her deadlines.

To achieve her goal she decided to focus on developing some new positive habits. Over the Christmas holiday she read two books: The Power of Habit by Charles Duhigg and The Habit Factor by . . . [more]

Posted in: Practice of Law

If Your Library Was a Small Business, Would It Still Be Open? Part 2

In my last column we explored how entrepreneurial characteristics can augment librarian skills. Once again, using Entrepreneur.com’s article 25 Common Characteristics of Successful Entrepreneurs, we continue with points #8 to 25.

8. Project a positive business image. Unfortunately we still see that old “us and them” mentality in law firms: lawyers — and everyone else. Help diminish that by always projecting a positive business image. With a Masters degree (or commensurate experience), you too are a professional, but short of wearing your resume as a visible badge, use demeanour (confident and positive), speech (thoughtful, considered and forthright) and relationships . . . [more]

Posted in: Legal Information

Anti-Wind Litigation: Is There an End in Sight?

After nearly two years of vigorous anti-wind litigation in Ontario, anti-wind activists have failed to satisfy any court or tribunal that wind energy development in accordance with government standards will cause serious harm. Many wind projects have been approved, and wind-based electrical generation is growing fast. However, the same concerns keep being raised, and we know of no Ontario wind farm that has obtained its approval without the cost and delay of litigation.

Renewable energy approvals in Ontario

Ontario was the first Canadian jurisdiction to set up a special approvals regime for renewable energy, through the Green Energy Act. To . . . [more]

Posted in: Justice Issues

Infographics for Lawyers

One of the hottest ‘new’ tools for marketing and business development is infographics. Infographics are visually appealing, highly shareable and, when done right, can convey a lot of information quickly and easily, or make a mountain of data easy to understand. By combining text and visuals into one, infographics make the most of both to reinforce a message.

For lawyers, infographics are another tool that can be used to help differentiate a firm from others in the same practice area and a way to help clients and potential clients understand the legal process.

Lawyers are generally a text-heavy bunch. For . . . [more]

Posted in: Legal Marketing

Moving Beyond the Box

The 2013 AALS Annual Meeting featured a panel discussion on Understanding Search Engine Algorithms: Can We Effectively Teach Research Without Them? From what I gathered from the tweets, the panel—which featured, among others, Ian Koenig (Chief Architect for Lexisnexis) and Ed Walters (CEO of Fastcase)—gave a peak into their “black box” search functionality, something that has been a subject of vigorous debate among researchers since WestlawNext + WestSearch was introduced three years ago. I think Sarah Glassmeyer (Director of Content Development for CALI.org) summarized many researchers’ feelings best when she tweeted:

Google (and google type search interfaces) infantilize people

. . . [more]
Posted in: Legal Publishing

Best Law Firms for Women Lawyers

Every year Working Mother Magazine publishes a survey of the NAFE / Flex-time Lawyers 50 Best Law Firms For Women Lawyers in the United States.

This year there is a noticeable shift away from maternity leave policies and flexible work arrangements towards preparing women for leadership roles especially around business development. This is an interesting trend and may signal a new phase that women lawyers and their firms are entering.

The founder of Flextime Lawyers, Deborah Epstein Henry, notes that women lawyers have been waiting to achieve critical mass in the profession on the assumption that the sheer weight . . . [more]

Posted in: Practice of Law

Mediator Saves NHL & Players From Themselves

The pivotal role of Scot Beckenbaugh, Deputy Director of the United States Federal Mediation and Conciliation Service, in resolving the 113-day National Hockey League lockout provides an excellent case study in the art of high-stakes mediation.

Published accounts of Beckenbaugh’s role in the final week of make-or-break negotiations illustrate the key attributes that disputing parties should seek in any mediator.

Subject matter expertise:

Beckenbaugh was brought into the negotiations for his mediation skills, not his knowledge of the specific financial issues in dispute. He is not a “hockey guy”. His bio on the FMCS website mentions “extensive experience in public . . . [more]

Posted in: Dispute Resolution

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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