At the behest of our good friend, D.C. Superior Court Judge Herbert Dixon, we noodled a bit on the future of courtroom technology for an article Judge Dixon is writing. Having brainstormed the topic, we thought it might be fun to take some of our random thoughts and make them marginally coherent.

At the outset, it is clear that there will be disruptive technologies that no one will anticipate. Having covered our collective posterior on that score, some things seem relatively certain. As courts strive to accommodate the needs of citizens, it is likely that we will one day see . . . [more]

The European Legal e-access conference Paris 21-23 November 2012.

There is much that is written that may falsely lead folk far from Europe to think that the EU vision is no longer successful, and that old Europe is slowly imploding. This meeting sure dispelled some of those myths. There is energy, enthusiasm and innovation going on in European circles that we English speakers are rarely exposed to. The European Digital Agenda is seen as a tool for economic growth, and this free conference provided an understanding of the legal e-access work underway.

It was organised by Juriconnexion, the French . . . [more]

Firstly apologies to all of you who were waiting with bated breath for that final pre-Christmas missive from me with some incisive comments about legal publishing in 2012.

Unfortunately (and very unlike me I should add ) I had absolutely nothing to say about the state of legal publishing in 2012. It has to be said that, for me at least, it was without doubt the dullest year in the industry that I can remember.

Even now, sitting here with my thinking cap on. I can’t really remember one event from the legal publishing calendar last year that immediately springs . . . [more]

There is a virus going around which incites selected journalists and commentators to lambaste the Courts for certain decisions, particularly constitutional decisions, and more particularly decisions about Aboriginal peoples. (For the moment I am refraining from saying “Aboriginal or treaty rights” for reasons that will become evident a short distance below.) It is always an advantage enjoyed by those who want to indulge in such lambasting not to have read the decision, or to have followed the proceedings, either in that Court or any other Court or any public inquiry or parliamentary committee that may be studying related issues. Indeed, . . . [more]

On January 1, 2013, the Law Society of British Columbia brought into force a new code of ethics to govern the actions of lawyers in the province.  The new code, officially known as the Code of Professional Conduct for British Columbia (“BC Code”) replaces the existing Professional Conduct Handbook that was in effect in British Columbia from 1993 until 2013. 

Recently I decided to move house. We love our neighbourhood and neighbours but the house itself just wasn’t what we needed for our family. We had done a number of renovations to make it work but it was still missing a few things we really wanted so it was time for a new home. By “new” I mean moving from a house that was built in 1913 to one that was built in 1920…

When speaking with our agent about our wish list for the new house, inevitably the question of budget came up. I had a rough idea of . . . [more]

Copyright assignments are often back-dated or retroactive. A Federal Court decision – Harmony Consulting Ltd. V. G.A. Foss Transport Ltd., 2011 FC 340, aff’d 2012 FCA 226 – demonstrates the dangers of such assignments, and two (2) questions anyone relying on such an assignment should ask.

Between November 5^th and 9^th, the United Nations Commission on International Trade Law’s (UNCITRAL) Working Group III met for its 26^th session, the fifth session dedicated to the drafting of procedural rules for online dispute resolution for cross-border electronic commerce transactions. Those who would need a refresher course on the working group’s agenda and mandate can read John Gregory’s posts from April of 2012 and 2011. As with the previous three sessions of the Working Group, work was to be centered around the “preparation of legal standards on online dispute resolution for cross-border electronic transactions . . . [more]

There’s something about the end of the year that provokes reflection and goal-setting. In the past few weeks, I have met with several of my staff to discuss next steps in their careers. In most situations, making the move into the next level of professional practice requires some learning. Managers can be a great sounding board and advocate for staff looking for new experiences. These questions came up again and again in my conversations with staff, and may be a useful frame for other managers and employees as they work together to develop a career strategy.

What is your goal? . . . [more]

This column is an unintended and rather abstract follow-up to my last column entitled “Self-Represented Litigants Are Not Things” on the need for reformers to better consider the unique “real life” perspectives of lay litigants when redesigning justice system rules and processes. (It also marks the first time that I have written a column using the first person singular— a monumental occasion for me in overcoming anal retentive tendencies and long-misplaced notions of “proper” writing style.)

My involvement in the upcoming Vilardell v. Dunham appeal and extended reflection on the difficult task of facilitating fair and efficient resolutions to messy . . . [more]

The Internet was invented by a state agency (the Defense Advanced Research Projects Agency, known as DARPA) for military reasons. By design its communications divided into nodes that were intended to be self-sustaining rather than dependent on central control. The Internet initially spread outside the military through academic communities used to free speech. Its explosive growth was based on readily understood free browsers on the World Wide Web – browsers largely supplied by the private sector, whether for profit (Microsoft, Apple) or not for profit (Mozilla Foundation).

The wild west

As a result, it seemed reasonable, not to say . . . [more]

There’s a tendency for all of us working in legal publishing to think of printed books when we think of secondary sources. Even when we know we’ll publish online as well as in print, our choice of format (or information design) is still strongly influenced by our familiarity with print.

Over the years, we’ve certainly changed our thinking about the format of primary law. We now expect statutes and case law to be available and easily searchable in large databases, with noting up and other features added. And although some have lamented the wane of the bound law report, we . . . [more]