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Archive for ‘Columns’

The Changing Face of Maternity Leave

The Law Society of Upper Canada has just announced a program that will provide up to six hours of coaching to assist women leaving and then returning from maternity or compassionate leave. The coaching will be available only to sole practitioners and to women working in law firms of five or fewer lawyers. It is estimated that 35 women will access this program in the first year.

This program is similar to one offered in Manitoba since 2008 where female or male lawyers and their spouses or life partners can receive six confidential sessions with the Law Society Equity Ombudsperson. . . . [more]

Posted in: Practice of Law

The Truth, the Whole Truth and Nothing but the Truth

I have been an adjudicator for nearly ten years. This experience has given rise to much food for thought. Training a diverse range of adjudicators from a variety of tribunals has caused me to reflect on why we do the things we do in adjudication. While core processes are similar across tribunals, there is a great diversity in approaches. For me, the adjudicative processes need to meet two, primary objectives: fairness and efficiency. These columns will highlight the diversity in approach and look at best practices in meeting these twin objectives.

Testimony is at the centre of most oral hearings. . . . [more]

Posted in: Dispute Resolution

The Context of Legal Information

What does context mean for legal information? “Context” is one of the latest buzzwords in the world of publishing. In a new online collection of essays, Book: A Futurist’s Manifesto, Brian O’Leary exhorts us to consider context when we are developing content. He defines context as “tagged content, research, footnoted links, sources, and audio and video background, as well as title-level metadata”. Although his focus is trade publishing, his ideas apply to legal publishing as well.

Christine Kirchberger, lecturer and doctoral candidate at Stockholm University, is working on a doctoral dissertation entitled “Legal information as a tool—Where legal . . . [more]

Posted in: Legal Publishing

Rape and Sexual Assault Myths: Examining Their Prevalence in the Criminal Justice System and Greater Society

by Ashley Major

Ashley Major is a Canadian student completing an internship at Independent Academic Research Studies in London, England. Upon the completion of this internship, she will graduate with a Bachelor of Arts Degree in Human Justice from the University of Regina. She plans to attend law school in the future, specializing in human rights law. Her main focus is on addressing human rights violations against women, particularly sex trafficking.

In Canada, there have been discussions as to whether or not we live in a “rape culture”. Although difficult to define, this term refers to a society in which . . . [more]

Posted in: Justice Issues

Trends in Academic Law Libraries: What Are the Implications for Private Law Libraries?

In 2011 the Education Advisory Board released a report, Redefining the Academic Library: Managing the Migration to Digital Information Services, which looked at trends in academic libraries and the direction in which they were going. Although I work in a private law library while the report deals with academic libraries, I found the report very interesting; a number of challenges that it identifies are also faced by private law libraries.

The usual suspects are here: rising journal costs, the challenge of being a library in the age of Google and Amazon, and trying to do more with less. The . . . [more]

Posted in: Legal Information

Networking Through the Internet – Key to Business Development

Relationships and a strong word of mouth reputation are how lawyers get their work. Always has been. Always will be.

Ask the best lawyers in your firm. Ask the lawyers in your community who have the best business. Ask the managing partners leading successful law firms. Ask the chief marketing officers of major firms.

All of them will tell you that a lawyer’s best work comes from relationships and a strong word of mouth reputation. All of them will tell also tell you that relationships and a strong word of mouth reputation are the result of networking.

The Internet doesn’t . . . [more]

Posted in: Practice of Law

Event Sponsorships: Making the Most of Your Spend

Sponsorships. They’re one of the many ways to get your name in front of a special interest group and they are often ripe with possibilities and over-flowing with potential. Some of you, though, merely send off your cheque along with your logo and forget to investigate, request and reap additional opportunities for your firm.

Every part of your marketing spend should punch above its weight and with sponsorships — unlike many other marketing expenses — it often only requires a bit of thought, planning and perhaps a healthy dose of chutzpah to get more for your buck.

With some large . . . [more]

Posted in: Legal Marketing

How Words With Friends Is Killing Scrabble… and Why It Matters to Lawyers

Everyone is playing Words With Friends on their smartphones these days.

When even my 11-year old son and my 16-year-old daughter (and my no-way-will-I-reveal-her-age wife) became addicted, I thought it time to look into the phenomenon – that, and the fact that my son whispered to his Scrabble-loving father that he needed help in a game against his mom.

Let me lay out a fact pattern:

  1. Words With Friends is similar to Scrabble – seven tiles at a time, points assigned to letters in inverse relation to their frequency in English words, a board with double- and triple-letter and double-
. . . [more]
Posted in: Practice of Law

The Digital Consequences of Death (Or Disability)

 

No one lives in cyberspace, they say. A lot of people spend a lot of time visiting, though. They leave a lot of traces there, and they interact with the non-cyberspace (some prefer the term ‘real’) world from there. The border is more porous than most national borders, these days.

What happens when people with a presence in cyberspace (really) die? Does the presence continue indefinitely, but unrefreshed? What do their survivors do about their activities in cyberspace? How do they deal with online assets, or even discover real-world assets that may be locatable only online? How do estate . . . [more]

Posted in: Legal Technology

Innovation and Case Law Reporting

 Matt Ridley wrote a book titled The Rational Optimist that was published in 2010.

Ridley is an English journalist with an education in science. In his book he is concerned with the origins of the prosperity that exists in the world, arguing that the road to prosperity began with exchanges that resulted in a benefit to both parties, including barter, a method of exchange that can be done without money. In many exchanges both parties may feel that the other is overpaying. Over time increases in exchanges resulted in specialization followed by innovation. Ridley states that the ever-increasing exchange of . . . [more]

Posted in: Legal Publishing

Don’t Dumpster That Book! a Life as Art Awaits It

Artists are cutting, burning, and hanging books to create “shaped prose”, landscapes, and faces. University of Iowa professor, Garrett Stewart, sees these book sculptures as symbols of “renewable intellectual energy.” The resulting art is pretty incredible, albeit bittersweet,and sometimes strangely beautiful (such as the Edinburgh paper sculptures). This “book tree” from a gallery in the Netherlands is a good example:

Give Law Books to Art

Law libraries in the Netherlands have also gotten into the act. Here is a sculpture created out of law books that have been written in, torn, or defaced in some way. Now, they . . . [more]

Posted in: Legal Information

Unlocking the Potential of Commercial Mediation

A senior commercial litigator who had just completed five days of civil mediation training in BC commented: “That didn’t look at all like what I have experienced in mediation!”

With a little probing, he expanded on the disconnect that he experienced as follows:

Attribute Training Model Commercial Mediation Model Mediator selection Process expertise Subject matter expertise Pre-mediation preparation Detailed separate meetings between mediator and each party and counsel, if any, to discuss underlying interests, goals Little or no interaction with the mediator prior to mediation. Possibly some exchange of mediation briefs (similar to court submissions) Mediation Emphasis on joint meetings . . . [more]
Posted in: Dispute Resolution

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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