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Archive for ‘Columns’

Book Review: Secrets of Lawyer Video Marketing

We’ve been seeing a lot Gerry Oginski lately. He is a practicing lawyer but is also a frequent lecturer on lawyer videos and he has recently written Secrets of Lawyer Video Marketing in the Age of YouTube. We were curious to read the book because we know something about videos and have our own Sensei YouTube channel with dozens of videos.

Clearly, anyone who is a video novice would benefit from reading Gerry’s book, but we found things in his book that we didn’t know. If you are a lawyer who has not yet embarked on lawyer videos, you . . . [more]

Posted in: Legal Technology

Too Much Focus on Goals Can Get You Into Trouble

Juliet is a new partner with a corporate finance and securities practice. Over the past seven years she has honed her legal skills and has developed the trust of her partners and clients. She is a perfectionist at heart and has a killer eye for detail. She will do whatever it takes to get the deal done and still regularly pulls all nighters.

She has tried working with juniors but the delegation hasn’t worked well. The work product she gets back is not up to her standards and it seems like it takes more time to fix the mistakes than . . . [more]

Posted in: Practice of Law

Organizing the Lawternet: The Intersection of Legacy Publishing & Open Source

Over the last couple of years, I’ve been concerned about, and relatively unforgiving in my dislike of, the idea of law blogs, specifically lawyer-generated blogs, as a bellwether for legal publishing. Some have taken me to task, at least partially, for it. Nevertheless, I’ve remain annoyed by the chorus of social media marketers exalting the virtues of blog content (and social media streams) as a means of differentiating one from the herd. And no one has been more vocal about this than Kevin O’Keefe, the founder of the LexBlog network, which “partners with clients to develop custom social media . . . [more]

Posted in: Legal Publishing

Globalisation, Publishers and Some Unanswered Questions

We all agree that the publishing world is at a crossroads, and that it faces multiple challenges. The challenges come not only from the increase in digital formats, the preferences of a majority of Amazon customers for e-books over real books, or the decline in (real) newspaper purchasing. It also comes from people who have so many alternative forms of entertainment and activities that they no longer read much anymore.

For legal publishers there are added difficulties. After growing on the profits of a captive market through the publication of serial resources such as law reports and looseleaf titles, both . . . [more]

Posted in: Legal Information

Redefining the Career Plan, Part 2

In part 1 of this series of articles, I set out my view that the world of career planning for young law school graduates has changed significantly and asserted that a change was thus also needed in how we planned for our careers. The changed advocated for is one from the relatively static career planning process of aptitude identification and planning to a more dynamic approach that borrows from the disciplines of strategic and risk management. Finally, in order to expand on this point I discussed three core principles including that work has changed, that the work participants are . . . [more]

Posted in: Practice of Law

Apple v. Samsung — Who’s the Big Loser Here?

The worldwide patent litigation between Apple Corporation and Samsung Electronics is a perfect illustration of the “lose-lose” nature of high-stakes IP litigation.

While the headlines have focused on the $1 billion U.S. jury award Apple won at the end of August, in the long run Apple may turn out to have been a loser in this struggle as well.

Some brief history.

Apple and Samsung are long-time business partners. Samsung holds many patents on touch screen technology. It supplied screens for the iPod and iPhone. Samsung still makes the touch screen for Apple’s iPad tablet computers. It won the contract . . . [more]

Posted in: Dispute Resolution

How Usable Is Your Website?

Although these days most lawyers and law firms have some form of website, the ability of those sites to not only attract visitors, but to prompt those visitors to take action (fill in a contact form, call the firm for a consultation, etc.) varies widely. That may be due in large part to how easy the site is for web visitors to use, known as “usability.”

People read and consume information differently online than they do offline. For example, people tend to skim or scan web content; they’re looking for specific information. Rarely do web visitors read large quantities of . . . [more]

Posted in: Legal Marketing

Before You Buy a Car, Compare Insurance Rates

Have you ever thought about how your choice of vehicle impacts your auto insurance rates? Most people assume that expensive cars cost more to insure than budget friendly choices, but is that really true?

How much you pay for your auto insurance relies on a number of factors. This includes your driving record and where you live, but for most people, the biggest factor is the model and year of the vehicle you drive.

Auto insurers use the Canadian Loss Experience Automobile Rating (CLEAR) system to determine the odds that a type of vehicle will be involved in a claim, . . . [more]

Posted in: Practice of Law

Hazardous Waste and Biased Samples

One of our current cases deals with a question that is critical to everyone in the waste business: can biased sampling make a waste “hazardous”?

Approvals typically require waste management companies to manage wastes based on “representative samples”. Thirty years of guidance documents, and several cases, have also held that waste must be characterized as hazardous, or not, based on “representative samples”. The US Environmental Protection Agency noted, since 1986, that inaccurate and imprecise sampling can cause a solid waste to be inappropriately judged hazardous.

The Ministry of the Environment, like the US EPA, defines “representative sample” as . . . [more]

Posted in: Justice Issues

Lawyers Helping Lawyers — Top 10 Considerations When Referring Someone to Help

I worked for several years as in-house counsel helping develop title insurance in western Canada. When I joined Assist (Alberta Lawyers’ Assistance Society), an organization whose purpose is to help lawyers with personal problems, a colleague commented, (tongue-in-cheek) that I would still be providing lawyers something they think they don’t need. As Executive Director of Assist, it has been my experience that lawyers are increasingly aware of the importance of seeking help for personal problems and before problems turn into crisis.

Assist has been focussed on increasing awareness in the hope every lawyer knows that there are free, professional and . . . [more]

Posted in: Practice of Law

Apples, Oranges and Legal Citation Practice

I have been prompted to write this column by several recent posts on Slaw: Gary Rodrigues’s column “Reality Check: Fact, Fiction and Case Citations”, and more recently, Susan Munro’s “How I Learned to Stop Worrying and Love the Neutral Citation”. With the new fall term just beginning, and thousands of first-year law students across the country entering upon legal studies; and with the student editors of the McGill Law Journal preparing yet another new edition of the Canadian Guide to Uniform Legal Citation (incredibly, the 8th since its first appearance in 1986), I thought it an . . . [more]

Posted in: Legal Information

Windows 8 – Is It for You?

This week Microsoft shipped the RTM (Release to Manufacturing) build of Windows 8, the next version of their flagship operating system. This is the build that Microsoft is sending off to have burned onto DVDs and installed into new computers. In about 60 days you’ll be able to walk into your favorite electronics store and buy a box with Windows 8 in it.

Like a good technologist I promptly got my copy from MSDN (the Microsoft Developers Network) and set about installing it on my desktop to give it a good workout. In the interests of full disclosure I should . . . [more]

Posted in: Legal Technology

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