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One-Size-Fits-None

A rural property owner faces gun charges after firing warning shots over the heads of a group of thieves making off with his ATV. A goofy misfit faces three years in jail after posing for a Facebook photo holding a loaded gun in his hand. A father gets arrested and strip-searched after his kindergarten daughter draws a blocky picture of him shooting “monsters and bad guys”.

These three men are all victims of one-size-fits-all justice.

Whether it’s a “zero tolerance” approach to gun crimes or domestic assault, mandatory minimum sentences being applied to virtually everything, or blanket policies that demand . . . [more]

Posted in: Justice Issues

Tips to Get the Most Out of Your Next Conference Experience

Spring is “conference season,” when a lot of business and law-related conferences take place. To maximize your conference experience, apply my “Before, During and After” strategy; instead of only focusing on the conference once you actually get there, begin your planning ahead of time and implement an after-conference strategy to make sure you get the most bang for your conference buck.

Before the conference

The first step is to identify your goals or purpose for attending the conference in advance. This will help you plan your overall approach. You may have several goals, but don’t try to do . . . [more]

Posted in: Legal Marketing

Less Publishers, More Information About Them… Eventually!!

It’s been a bit of a up-and-down month in the world of legal publishing and I could choose to write yet another piece on the expected demise of LexisNexis or those lawyers taking Westlaw to court but we all know that those records are getting a bit worn.

But…… thinking about this issue and the amount of articles that have appeared on both these subjects since the new year has made me realize that in the past decade of publishing my pdf newsletter “Law Librarians News” and then subsequently my House of Butter blog ,we’ve all made huge leaps when . . . [more]

Posted in: Legal Publishing

and the Women Lawyers Still Leave

A conversation I often have with partners (both male and female) goes like this. The partner tells me, “We bend over backwards to help our women associates by accommodating lengthy maternity leaves; putting on programs to help them develop business; holding events for potential female clients and allow some women to work reduced hours. But it makes no difference – the women lawyers still leave.”

These partners are correct. Despite these programs, the women lawyers still leave. They leave because these programs do not address the deeper reasons why women leave private practice either voluntarily or are dismissed by firms . . . [more]

Posted in: Practice of Law

Focusing on Justice System Reforms in the Drummond Commission Report

by Lesley Jacobs*

In all the extensive commentary on the release of the Drummond Commission Report last month, virtually no attention has been paid to the implications for Ontario’s justice system. The Justice system accounts for about 5% of total public sector spending by the Government of Ontario, making it the fourth biggest sector after health, education, and social services. From the perspective of trying to rein in public spending, neglect of the justice system is especially surprising because, as the Report notes, in the past year it has seen the biggest sector increase in spending, almost 11.5%.

The central . . . [more]

Posted in: Justice Issues

Hide and Seek – a New Paradigm for Finding Official Documents?

The web makes so much information available that we sometimes forget that there are still many hidden archives and collections that are not immediately accessible by way of a simple Google search.

One example is the pages created by government departments that house reports, policy papers and the gamut of related materials that are collected by the departments to keep the public informed, and which are often commissioned to inform the government of issues and concerns that may form part of policy. One of our academics was concerned recently when she went to the Department of Justice website to locate . . . [more]

Posted in: Legal Information

Do We Need Exclusivity for ODR?

Notwithstanding the fact that, as we mentioned in a previous column, it remains difficult to find a business model that could ensure the availability of a fair and accessible online dispute resolution service, ODR has come a long way. When we first launched the CyberTribunal, back in 1996, and tried to convey our objectives at various conferences on information technology law (thus before audiences that could be considered informed), many legal practitioners questioned the possibility of modeling mediation and arbitration procedures. They cited legal reasons, which were quickly swept away through examination of relevant texts, as well as the . . . [more]

Posted in: Dispute Resolution

Time for Wonder Woman and Superman to Take Off the Cape

In her legal career Charlene had never encountered a challenge that stoic hard work and determination couldn’t beat. After severe abdominal pain forced her to the hospital’s emergency ward she returned to her office to finish an assignment despite the blindingly brutal pain. Months later she discovers that during this time the partner she reports to had found numerous flaws, typos and weaknesses in her work and had told her colleagues that she had grave concerns about Charlene’s legal abilities.

Charlene’s legal career as a solicitor was in ascendency before her car accident. The head injury caused her some setbacks . . . [more]

Posted in: Practice of Law

The Centre de Recherche en Droit Public Celebrates Its 50th Birthday.

The Centre de recherche en droit public (CRDP), the oldest research center of the University of Montreal, was established in 1962. To my knowledge the CRDP is also the oldest research center in law in Canada. Beyond its longevity, CRDP’s merits are numerous. I just want to mention here those which relate to legal information and legal informatics.

  • In the sixties, the DATUM project was conducted at the Faculty of Law with researchers from the CRDP. DATUM researchers developed one of the first automated retrieval systems for legal information in Canada. Professor Ejan Mackaay’s name is associated to almost all
. . . [more]
Posted in: Legal Publishing

Alumni

What constitutes alumni at a law firm? Does your firm have a program? Is it inclusive or exclusive? Should your firm develop an alumni program?

This is one of the few area’s in the practice of law where when asked “what are other firms doing” there is very little consistency. Some firms offer use of office space, have on-line portals that include useful materials or simply offer an annual receptions. Others would prefer that their alumni never existed.

There are a number of dividends to building an alumni program including:

  • Goodwill. Those who have left will have another reason to
. . . [more]
Posted in: Legal Marketing

What’s Hot in E-Discovery?

Machine-Assisted Review

Let’s start with a very hot if not very sexy topic. You may have heard of new technology called predictive coding or technology-assisted review. Recently, we’ve seen the phrase “machine-assisted” review a lot. They are all the same thing. A rose is a rose is a rose, but we have not yet settled on a name for this nascent technology.

The way most lawyers engage in traditional keyword searches is, as others have suggested, the equivalent of “Go Fish.” The requesting lawyer makes his best guess about which keywords might produce relevant evidence without having much knowledge of . . . [more]

Posted in: Legal Technology

Why Charities Should Participate in Public Consultation

With the launch of Conservative Senator Nicole Eaton’s inquiry into the “Involvement of Foreign Foundations in Canada’s Domestic Affairs”, increased scrutiny is being focused on the activities of Canada’s charitable environmental groups. In particular, is participating in public consultations, or encouraging others to do so, a political activity forbidden to charities?

The Conservatives have expressed concern about foreign foundations making donations to Canadian charities to influence Canadian law and policy, and whether this puts undue obstacles in the way of major Canadian energy projects. This was apparently triggered by frustration at the large number of registered interveners in the Enbridge . . . [more]

Posted in: Justice Issues

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