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Archive for ‘Columns’

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

The When and How of Death

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]

Posted in: Practice of Law

Twitter, Facebook and the Rule of Law

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]

Posted in: Justice Issues

Code vs Code

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]

Posted in: Legal Publishing

Make Courts More Transparent or the Puppets Will Win

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]

Posted in: Legal Marketing

Are Legal Clinics the Answer? Part 2

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]

Posted in: Practice of Law

Thought-Provoking Management Metrics (Part One)

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]

Posted in: Practice of Law

Blended Mediation: A Practical Approach to Commercial Dispute Resolution

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]

Posted in: Dispute Resolution

Why Isn’t Legal Publishing Pushing Past Content?

“[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]

Posted in: Legal Publishing

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