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Archive for ‘Columns’

Timing Is Everything

Comic: “Ask me, What’s the most important thing about comedy?”
Me: “Okay. What’s the most important thing about—”
Comic: “Timing.”

One of the most misunderstood aspects of project management is timing. I’m not talking about how long you expect various tasks will take. (Answer: longer than you think… unless you do something about that.) Nor am I referring to task sequencing, or which tasks follow which. Both of these are difficult but well understood problems.

Rather, it’s critical to understand when to begin each task. Getting task-starts under control can give you a significant leg up on . . . [more]

Posted in: Practice of Law

Fun but Dangerous Work: Surviving Professional Publishing

When recruiting new people into legal and professional publishing, while, obviously, scrupulously complying with and respecting the requirements of the law, both in letter and spirit, it has always been of interest to observe the motivation of applicants.

Among those who present themselves with specific academic or professional backgrounds, such as a law degree, an accountancy or tax qualification or who are legally qualified, occasionally one hears that the reason that they have applied is that things haven’t worked out well in the pursuit of some other career path. Perhaps the professional examination results have not been successful. Perhaps family . . . [more]

Posted in: Legal Publishing

Federal Court Costs

The Federal Court, where most intellectual property litigation takes place has a system for determining costs that differs in many respects from that of the Ontario Court system.

Costs in the Federal Court are generally determined based on a number of discretionary factors, set out in Rule 400 of the Federal Courts Rules, and a table of fixed amounts for steps in the litigation. Judges and Prothonotaries can also order costs on a lump sum basis.

The Tariff

Unlike in the Ontario Courts, the Federal Court Rules include a tariff, Tariff B, which allocates a range of ‘units’ for . . . [more]

Posted in: Intellectual Property

Legal Business Development: By Optimism and Serendipity?

Are you developing business solely by optimism and serendipity? Be honest. If that is how you have done it in the past, declare that 2013 is the year it will change! But, change to what? That is the question. In order for it to be driven by more than optimism and serendipity you must think about where you want to go and how to get there. That is a PLAN.

Your plan can be a page, 10 pages, a binder full or simply some notes on a napkin. It’s not about the form; it’s about the content. Write it down, . . . [more]

Posted in: Legal Marketing

À La Recherche Des Livres Perdus, or 50 Ways to Lose Your Books

The Time of Humans

Libraries used to spend hours searching for missing books. We lose books when they get misshelved, mislabeled, mislocated, forgotten in offices, homes, or stolen. When I worked as a searcher, I found satisfaction in figuring out different ways to find lost books and finding them. However, I also know the emotional toll of looking for so many books and more often than not, finding very few. Or discovering that a patron has torn out a chapter from a book or removed contents from a looseleaf binder because they did not want to pay for copies or . . . [more]

Posted in: Legal Information

Interop Interapps

While putting together the Sinch Online Legal Services Conference (SOLSC) for March 2013, it was obvious that the potential speakers had grown dramatically over the last year or so. However, legal IT consultant Ron Friedmann commented in June 2012 that there has been less than expected online legal service activity since the previous update of his list of online legal services. He said:

About one-half of the firms that offered online services in 2006 no longer do. About an equal number of firms, however, have since created online services.

A reason we have different views of activity may be that . . . [more]

Posted in: Legal Technology

You Want Your Day in Court? Time for a Reality Check!

How many times have we heard a person exclaim, “I just want my day in court!”? Often, this is in response to what that person considers to be an insulting settlement proposal or as a result of frustration over delays in resolving a conflict.

Just what does that person mean by their “day in court”? I suggest that it is not as simple as we might think. The phrase “day in court” conjures up different mental images depending on one’s background and the situation.

The traditional definition focuses on a person’s right to be heard in a court hearing or . . . [more]

Posted in: Dispute Resolution

The Winter of Our Discontent?

Canada is a high latititude country. Even those who live in Ontario’s “Southwest” are awfully far north compared to our American friends who live south of the Mason-Dixon line. Being a Nordic country has many charms but it also means that for many weeks of the year on either side of the winter solstice (December 21) it’s cold and dark everywhere in Canada. In the morning, kids go to school and parents go to work in the dark. In the late afternoon or early evening when everyone returns home it’s dark again. During this period, from November until January, the . . . [more]

Posted in: Practice of Law

The End of Articling for Law Students?

Recently the Law Society of Upper Canada announced a dramatic change in the admission requirements for law students.

The current 10 month articling requirement remains an option. But for students unable to find an articling position they will be able to qualify for admission by taking an eight month program composed of four months of classroom study plus four months of unpaid “co-op work” at a law firm or sole practitioner – see The Globe and Mail article, November 30, 2012, by Kirk Makin.

From the Law Society Gazette:

On November 22, 2012, Convocation approved a three-year pilot project

. . . [more]
Posted in: Legal Publishing

Librarianship: The Never-Ending Story

In November of 2012 I attended the Distinguished Librarian Award ceremony of the Librarians Association of the University of California, Berkeley (LAUC-B). The beautiful Morrison Room in the Doe Library was the setting for this biennial event. This lovely reading room, with its muted lighting and its wooden shelves filled with volumes of great fiction, is permeated with the essence of learning and the life of the mind. The two honorees were Lillian Castillo-Speed of the Ethnic Studies Library and Marci Hoffman of the Law Library. Each of these women has a remarkable career, but since I know Marci well, . . . [more]

Posted in: Legal Information

Web Law Predictions for 2013

It’s become my December routine. First, get the Clawbies season started: check. Then, turn my attention to legal web trends and predictions for the upcoming calendar year. Now, yes, I am the guy who told you in 2012 that Twitter was going to become a Facebook acquisition, so you know I’m not afraid to take a shot in the dark. (And that I’m going to have a little fun in the process.) No guarantees that I’ll be that creative this year, but your mileage may vary.... So, let’s see what law firms might have coming to them in the new year.
Posted in: Legal Marketing

Pioneer of the Justiciable Problems Approach to Access to Justice in Canada Moving to the Canadian Forum on Civil Justice

Ab Currie, currently Chief Research Advisor and Principal Researcher: Legal Aid and Access to Justice, in the Federal Department of Justice, is leaving the Government of Canada to join the Canadian Forum on Civil Justice (CFCJ) as the Senior Research Fellow. CFCJ is Canada’s leading non-governmental independent think tank devoted to research and policy development on access to civil justice and civil justice reform. Dr. Currie will also hold a visiting appointment at the Osgoode Hall Law School, York University, where CFCJ is currently housed. He will be fully engaged at the CFCJ by April 1, 2013.

Ab Currie, originally . . . [more]

Posted in: Justice Issues

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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