The last time you purchased insurance or made a contribution to your RRSP, did you think about how long you might live? According to recent statistics, Canadian men live just over 78 years on average, while women live about 83 years. Men are expected to spend 88.8% (68.3 years) of their life in good health, compared to 86.3% (70.8 years) for women.

Most people know that how long we can expect to live depends heavily on genetics, weight, smoking status, lifestyle choices and luck, but you may be surprised to know that where you live can also be a contributing . . . [more]

To have a country governed by the rule of law and not the rule of man requires that the law be known. As few communication networks are as efficient for disseminating information as social media networks, it should not be that surprising that Twitter, Facebook and other networks can very effectively serve that objective.

Twitter and Facebook will not and should not supplant the role of government and the courts to make the law known, but even the law makers themselves can and are making increasing use of social media to augment their efforts.

#TellVicEverything

Before adopting too pious a . . . [more]

With the acquisition of Canada Law Book, Carswell has acquired a handful of publications that are similar to its own publications and that have been marketed as alternatives to each other. A few of them are best sellers and significantly strengthen Carswell’s overall position in the market for legal information. However, some of them could become a future concern for Carswell if they continue to be published and marketed as they have been in the past.

Competition between two of them, Martin’s Criminal Code and Tremeear’s Criminal Code, has led them to become virtual clones of each other. How . . . [more]

I hate puppets and you should too. Here’s why:

Puppets are silly. Puppets are trivial little distractions, designed to amuse. In short, puppets are for child’s play. Nothing terribly vile there, but such things are the antithesis of what our legal system is about – important, frequently life-altering matters as well as critical issues of public policy. And because the legal system lags behind the public’s expectation of transparency, puppets are now being used to showcase the law. I kid you not.

The case that gives rise to my screed originates out of Ohio. According to a recent Wall Street . . . [more]

In part one of this article series I posed the question of whether clinical legal education can provide the solution to two difficulties facing the legal profession in Canada today. These two issues include a call from the legal profession for students that are better prepared in their academic training to take on the rigours of practice and a call from the community at large for the cost effective delivery of legal services. In part one I maintained that clinical legal education could play a valuable role in preparing students for practice by providing upper level students the opportunity to . . . [more]

At a recent gathering of the profession, while bemoaning the lack of demand for legal services, the pathetic state of the economy and begrudging the increasing power of clients, one discussion centered around metrics – financial and performance-oriented measures. While we are all familiar with the usual billable hour, collections, matter profitability, and so forth, this discussion provoked me to think about some of the more unfamiliar and unorthodox, but vital metrics that I believe law firm management should be looking at. After all, it wasn’t that long ago that the late father of modern management, Peter Drucker, reminded us . . . [more]

The debate over the merits of facilitative vs. evaluative mediation never seems to end, but is it an artificial distinction in the mediation of commercial disputes?

A recent article in the Australasian Dispute Resolution Journal suggests that it is.

The author, Troy Peisley, a mediator and arbitrator with more than 20 years experience in commercial litigation and forensic accounting, argues in favour of “blended mediation”, which combines the facilitative and evaluative models and employs a “mediation matrix” to evaluate both the qualitative and quantitative aspects of the dispute.

It’s an interesting model and seems equally relevant to the realities of . . . [more]

“[To compete with Bloomberg Law’s BNA coverage and now Lexis’ Law360 coverage, Thomson Reuters] will have to do better than its [current legal news website, newsletters, and blogs] to ratchet up the synergy between legal current awareness and legal research.”
Hodnicki, It’s Official, LexisNexis Has Acquired Law360 (March 20, 2012).

To believe the Crowd, the legal publishing giants are in a race, chasing after all the undulating streams of current legal reporting and writing either through acquisition or search enhancements. I suppose it is vital for them to be focused in this way, as current conventional wisdom is . . . [more]

The world has always had innovators and inventors. According to Wikipedia the oldest known tools used by humans are 2.5 to 2.6 million years old. In the late 1800’s Benz and then Daimler produced vehicles with an engine. Henry Ford manufactured cars in the United States and his fortunes really took off when he started producing black Model T’s on an assembly line. General Motors started offering colour choice and an annual model change, which forced Ford to change. And so on. From earliest times there have always been those who have had new, interesting, innovative ideas. Where do those . . . [more]

I have been thinking lately that there is a certain similarity between how I observed the Crown operating in the lower courts in the 1970s and how I have observed the Crown working at the highest levels more recently. Let me explain and offer some brief biographical account.

I first started to do a certain kind of paralegal work – what would later be called “Native Courtwork” – making a connection between a Native person accused of an offense and a lawyer willing to represent the accused (and often doing much of the factual research) at Akwesasne, the Mohawk community . . . [more]

In my last column, I talked about “working the room”. Attending events is an important part of for business development for lawyers. I focused on how to open conversations, rather like delivering your opening line in a play. But opening the conversation is only half of the skill needed for working a room; the other half is closing a conversation gracefully so that you can move on.

Let’s revisit the reason why you’re attending such an event. Working a room is work: you’re there to develop business. But business development is a process; don’t expect to walk away with . . . [more]

This column is already dated. Why? Because privacy – or the lack thereof – is daily news. Facebook just announced their privacy policy would be called a “data use policy”. Before that it was Google’s announcement that they would be combining all the data collected by their individual web properties (YouTube, Gmail, Blogger, Google, etc.) about you into one single place, covered by one single “privacy” policy. Security has always been in opposition with ease of use. The conflict between wanting the convenience and interaction of the free web and trading privacy for the privilege is . . . [more]