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]

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]

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]

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]

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]

Now that I am retired and no longer have access to comprehensive fee-based law databases, I have been using a variety of free open access sites. You may be aware of these already, but I want to share what I have learned about some of these very useful sources.

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]

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]

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]

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]

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]

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]