Assume there are 2 lawyers with similar incomes, dependents, savings and debts. The only significant difference between them is their overall health and lifestyle choices.

Lawyer A is a male, 35 years old, exercises every day and plays soccer in the summer, hockey in the winter. His blood pressure, cholesterol and Body Mass Index score are excellent. He’s never smoked, drinks in moderation and looks 10 years younger than his actual age. It’s not an exaggeration to say that this guy’s health is better than average.

Lawyer B is also 35 years old. He wants to exercise, but never finds . . . [more]

It was just about 50 years ago that Arthur C. Clarke wrote Profiles of the future: an inquiry into the limits of the possible (New York: Harper & Row, 1962) [Amicus No. 10912514]. On page 19, he wrote:

Suppose you went to any scientist up to the late nineteenth century and told him: "Here are two pieces of a substance called uranium 235. If you hold them apart, nothing will happen. But if you bring them together suddenly, you will liberate as much energy as you could obtain from burning ten thousand tons of coal." No matter how

The bio or “About” page is one of the most viewed pages on a lawyer’s website. On social media, the bio or profile helps new connections or potential followers make decisions about whether or not to interact with you. Your “elevator speech” is your spoken bio and it can make or break a new relationship with a potential client or referral source. But despite its importance, the bio is an often overlooked marketing tool, and many lawyers give it short shrift.

Elements of a Good Biography

Your website bio, online profile and your spoken introduction (“elevator pitch”) are just different . . . [more]

When my daughters sailed on the tall ships for several summers, the crew had a daily activity called “mandatory fun.” It seems like an oxymoron until you think about it a bit. If you tell people they’re going to have fun, they do.

If you tell people they have to try to resolve their disputes, or else… — they will.

I have had many “full and frank discussions” (a very useful diplomatic euphemism) with fellow commercial lawyers about whether to include mandatory mediation clauses in business agreements.

Those who are vehemently against the idea insist that forced mediation doesn’t work. . . . [more]

The Olympics are coming this summer. Imagine the marathoners winding their way through the city of London. As the camera zooms in on the winner crossing the finish line what do you expect to see? Will he be taking a swig of water and saying “I have to run my second marathon now, where’s the starting line for the next event?” Absurd – right? And yet, when it comes to the gruelling demands of intellectual work it is so easy to forget our physical needs and limitations and expect the equivalent of an endless marathon.

Tony Schwartz has founded a . . . [more]

Initially I was going to write about the latest publishing developments and products post the easter break. But as most of you will know a bombshell hit the legal world earlier in the month: the collapse of Dewey in the US will, I suggest, have long term ramifications for both major publishers in the US market, particularly if partners and employees are owed large sums by the firm. We imagine there are more than a few unpaid bills that will remain unpaid or will be paid back on Greek terms over a very long period of time to publishers, content . . . [more]

Recently while sitting in a packed courtroom in Newmarket agonizingly waiting for my brief ‘speak-to’ matter to be called, I began to question one of our statutory traditions and the grace towards our elders that it mandates.

Don’t get me wrong. Since I was a child it has been ingrained upon me to honour and respect my seniors. I’ve crossed my share of streets hand-in-hand with little old ladies and vacated countless seats on sardine-stuffed subway cars but something about watching counsel be called in order of their year of call smacks of anachronism and inefficiency.

Although not applied in . . . [more]

I have recently had the opportunity to take up a sessional teaching position at the University of Victoria Faculty of Law. Anyone who engages in this type of sessional or adjunct teaching in Canada knows that it is not done for the money (of which there is very little) but for the love of teaching and the opportunity to engage with bright young minds. As I have managed to navigate a successful transition away from the strict practice of law an additional benefit I receive from teaching is a steady stream of students who seek my thoughts on career planning . . . [more]

This time I thought I would talk a bit about digitisation being done by libraries, specifically the Bodleian. This is not exactly related to law or legal materials, but it is about using technology to release manuscripts, books and documents that once were the exclusive preserve of specialist scholars and making them available to the world. The Bodleian has been digitising some of its earliest treasures for many years now, and as always, these projects go ahead when funding is available.

In recent weeks a great deal of coverage was given to the announcement that the Bodleian Libraries and the . . . [more]

We were recently asked to contribute a chapter on ODR and the Courts to an International treatise on ODR edited by Mohamed S. Abdel Wahab, Ethan Katsh and Daniel Rainey. In researching how Courts could and should use ODR, we were pleasantly surprised to see how many court-run ODR projects are currently being implemented or tested around the World. From the United Kingdom’s Money Claim Online and Possession Claim Online, to Australia’s eCourt to the seemingly defunct Subordinate Courts of Singapore’s eAlternative Dispute Resolution (e@dr) project (the website is no longer online), ODR practices and processes are seeping into the . . . [more]

Along with being an excellent lawyer, if you want to build a great practice you need to do a few things. One is ensuring that your clients receive the ultimate experience and in turn creating the Super Fan.

What is a Super Fan?

• Not simply a client that is simply satisfied with your work but truly loyal to you
• Active referral vs. Passive referral for new work
• Business development advocate
• A client that values you both as a person and professional
• Cheerleader

These are clients that will promote you at any opportunity possible. They understand the value that you bring . . . [more]

(Also by Jesse M. Lindmar)

With an average of 193.1 billion text messages sent every month in the United States, the importance and use of text messages in litigation is ever-increasing. As a consequence, the importance of text message preservation for e-discovery is also growing. Understanding how text messages can be preserved and the pitfalls to avoid is essential. While we recommend engaging the services of a digital forensics service provider who is familiar with the complexities of mobile phone forensics, there are certain situations in which the end-user can at least create a preserved, forensically sound copy that a . . . [more]