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Archive for ‘Columns’

Past Lessons on Legal Project Management?

Legal Project Management (LPM) has received a major boost downunder with the leading Australian/Asian firm King & Wood Mallesons (KWM) launching a program with the assistance of Edge International. Tony O’Malley, Managing Partner Australia, King & Wood Mallesons and Pam Woldow, Edge International give a convincing 5 minute of why it is such a good idea.

If it is true as Shaun Plant says in that “much of the practice of law is not about technical legal detail, but managing projects”, and, as Tony O’Malley has said that “Clients have been telling us this for a while”, why has it . . . [more]

Posted in: Legal Technology

Bloomberg Law: The Wheel Turns

Tectonic plates are shifting in the world of legal information. The sale of the Bureau of National Affairs to Bloomberg surprised me. I worked with BNA a bit back in the pre-Internet days. I was a great fan of U.S. Law Week, a research tool that I felt was much undervalued. I even made a promotional video for them when they began to transition from offering solely a print product into adding a digital platform. Being employee-owned and devoted to high quality editorial content, BNA was easy to like. When Bloomberg came on the scene I saw the shades of . . . [more]

Posted in: Legal Information

How Law Firms #Fail at Social Media

It’s no longer new or innovative for law firms to use Twitter, Facebook, or LinkedIn as elements of their public web presence. Social media tools have become sufficiently standard that we can probably declare 2012 the year firms finally “buy in.” 

While early-adopter firms continue to fine-tune their offerings, what I’m really noticing these days is the critical mass of firms now playing catch-up. Lawyers who used to ask, “What’s the firm across the street doing?” are now wondering “Why aren’t we doing that?” Social media buttons are sprouting all over law firm websites, all over the web. The tipping . . . [more]

Posted in: Legal Marketing

Pro Bono Meets “Low Bono” at Big BC Law Firms

In the black and white world of organized pro bono legal services, something is either pro bono or it’s not. Legal services are provided for zero compensation, or they’re not considered pro bono. This absolutist perspective is crude and fully disconnected from the simple translation of pro bono from Latin as “for the good”, but necessary to give relevance and integrity to pro bono as a functional concept. If the concept is stretched to include contingency fees or unpaid bills or reduced rates, then it ceases to have reliable meaning for lawyers and their clients. So for pro bono . . . [more]

Posted in: Justice Issues

Behavioural Economics

What is behavioral economics?

Behaviorial economics studies the effects of insights from psychology on economic decisions.

Daniel Kahneman, a psychologist, was awarded the Nobel prize in economics in 2002, for his work in judgment and decision making. Kahneman’s work is the subject of his 2011 book, titled Thinking, Fast and Slow. He is the only non-economist to receive the Nobel prize in economics.

Kahneman in his book refers to intuition as operating automatically and quickly with little or no effort. In contrast, are effortful mental activities demanding attention, including complex computations. Two plus two requires no effort, but 17 . . . [more]

Posted in: Legal Publishing

Legal Business Development: The Profession Is Changing – Will You Be on the Cutting Edge… or Will You Be Left Behind?

Innovation… lawyers seldom operate on the cutting edge and certainly not the bleeding edge! That’s a given. It’s likely in your DNA. Risk averse. But how long will you stay in what once was a perfect business model that is now past its prime? That is the question.

Seth Godin points to the music industry…

The music business was perfect. Radio, record chains, Rolling Stone magazine, the senior prom, limited access to recording studios, the replaceable nature of the LP, the baby boomers… it all added up to a business that seemed perfect, one that could run for ever and

. . . [more]
Posted in: Legal Marketing

Unlocking the Potential of Commercial Mediation (Part II)

In my last post, I promised to explore how the current commercial mediation model might be “tweaked” to unlock the full potential of mediation. There seemed to be a divide between “interest-based” or “facilitative” mediation (which is the focus of most mediation training programs) and the commercial mediation model.

Is there a way to preserve the foundational principles of interest-based negotiation and mediation while venturing into the world of commercial mediation?

Experienced litigators and some mediators have remarked that commercial mediation is really a purely distributive exercise which is only about the money. Is that ever really true? I . . . [more]

Posted in: Dispute Resolution

Online Dispute Resolution – an Update

Attentive readers of this blog know that the United Nations Commission on International Trade Law (UNCITRAL) has a working group actively considering online dispute resolution (ODR). The working group has met three times and meets again at the end of May. Slaw.ca has had progress reports from time to time, notably here a year ago, and more recently here . It is time for another. I expect that the Canadian delegation, and possibly others, would be interested in your views on the texts that the working group will have before it in May. Comments on this article will come to . . . [more]

Posted in: Legal Technology

The Law of the Future

It is perhaps best that I start my first column with a brief introduction about what will feature most visibly in what I write. It will help the reader determine whether to look out for the next one or not.

Our world is more globally volatile than ever; an event in one place quickly has consequences in many other places. It is more connected than ever: people, ideas, and things travel very fast. And it faces a multitude of challenges that are in different ways ‘global’. In such a world good rule systems are important. They enhance stability, trust, and . . . [more]

Posted in: Practice of Law

Managing Unstaffed Satellite Libraries

Satellite libraries, as the name suggests, are libraries that are adjuncts to a principal library. In law firms, they can vary in size from a bookcase in a hallway to a full-sized library. Satellite libraries may be in the same building as the central library, or they may in a different city or even country. They may or may not have library staff running them. Unstaffed satellite libraries present a greater challenge as they depend on articling students, receptionists, or secretarial staff to do such things as loose-leaf filing and reshelving books.

Why do satellite libraries exist? For satellite libraries . . . [more]

Posted in: Legal Information

You Want Tools, Do You?

Every once in a while, someone in one of my classes asks, Aren’t there any tools for Legal Project Management?

(“Every once in a while” means every other session or thereabouts. It’s a common question.)

I answer this in three ways that I’ll share here.

“Tools” Does Not Mean Technology

First, “technology” is not a synonym for “tools.” It is at best one set of tools among many. To be specific, it is a minor set.

You can manage legal projects perfectly well without technology, and certainly without purpose-built “project management” technology. Lawyers Abe Lincoln and Clarence Darrow, for example, . . . [more]

Posted in: Practice of Law

Developing a Library Collection Development Policy: Journals Part 2

This is another in a series of columns about developing a law library collection development policy for the new, digital information environment. In my last column, I looked at journals – what they are, how they’re produced and their respective markets. In this second part, I’ll look at how journals are used in legal research today in both practice and in law schools, their place in a contemporary law library collection, and possible policies for collecting them.

Journals vs Books

Journals are used differently than books. A legal treatise examines the many aspects of a single, relatively broad topic . . . [more]

Posted in: Legal Information

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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