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Archive for ‘Columns’

The Importance of Character and Experience in Hiring

The following is a quote from the book, From Third World to First, by Lee Quan Yew, prime minister of Singapore from 1959 to 1990. The quote refers to his appointment of ministers.

The attrition rate was high because, despite all the psychological tests, we could never accurately assess character, temperament and motivation.

Here at Maritime Law Book we have had the same experience in the hiring of employees.

Marks at school or university, taken alone, are not determinative of an applicant’s likely success in a position such as a legal editor. Character traits are an important indicator or . . . [more]

Posted in: Legal Publishing

Synergy and Hope in Philadelphia

Time and circumstance have been good to me. I began studying China in 1968. Why I did so was a mystery to all concerned. No one in my family had dreams further than the boundaries of Canton, Ohio. As my father, a working man who thought that I was throwing my life away by studying the Chinese language, put it, “You never even met a Chinese person before you went off to college. We don’t even have a Chinese restaurant in this town!” My decision was not based on practical reasoning; I just discovered as a freshman in college that . . . [more]

Posted in: Legal Information

Why Did the Riots in England Take Place? Let’s Ask Young People

The riots that started in Tottenham, London on 6th August and spread throughout London and England for the subsequent 3 days, could not have been predicted. Initially people thought that the shooting of police suspect Mark Duggan had sparked community tensions that eventually boiled over. But this theory has been quickly discounted. Others initially blamed government cuts for causing public anger. Others, including the Prime Minister, David Cameron, blamed a ‘Broken Britain’. None of these theories really provide us with a satisfying answer as to why so many young people looted, vandalised and attacked property and people without . . . [more]

Posted in: Justice Issues

Less Madness, More Method

It is almost trite to say that you don’t computerise a mess, it simply makes it happen faster. The problem is the legal system, particularly litigation; and it is something we are stuck with, though changes are afoot. 

A leading Australian judge has recently sounded the death knell for the traditional system for litigating civil disputes and urged the legal profession to abandon it.

“There is no point in tinkering with the present system and its problems. It is time for a fresh start.”

US-based e-discovery guru, Ralph Losey has long advocated that the system is broken, and that most . . . [more]

Posted in: Legal Technology

Going From a 2 to a 4

I’m watching a sailboat from my deck.

It’s a sunny day and there’s some wind, just a perfect day for sailing. As a picture, it looks idyllic. Call it a 10 on the idyllic-scenes rating scale. 

It’s Metaphor Time

I used to race sailboats, an amateur pastime at which I became reasonably adept. I can see that the person helming the sailboat isn’t very skilled. His (or her) sails are poorly trimmed, and he’s steering neither a straight nor terribly effective course. He rolled up his sails 30 seconds after I took the picture and turned to what sailors call . . . [more]

Posted in: Practice of Law

Time Out

When you’re a sole practitioner, you sometimes feel as though you always have to be on the job; never more so than when you first start out in your own office. The worry that you’ll miss the call or e-mail of that “potentially very important client” can be a powerful motivator to be near the computer or smartphone on a constant basis.

Here’s a secret: when that “potentially very important client” is looking for you, more often than not they’ll call back. Usually, the only people who think that lawyers need to be available all day/every day are other lawyers. . . . [more]

Posted in: Practice of Law

Halsburys Laws of Canada

The “Great Encyclopedias” of Legal Research – Part II

This is the second of a series of posts that were prepared as the sequel to a request by Professor Daniel Poulin to explain the character and purpose of “Halsburys” and the “C.E.D.” to his seminar on legal information at the University of Montreal. The views expressed are the personal opinion of the author.

THE HALSBURYS MODEL IN CANADA

There are three encyclopedic black letter statements of the law that follow the Halsburys model in Canada. Two of them are well established in the market – the Canadian Encyclopedia Digest (Western . . . [more]

Posted in: Legal Publishing

Building Canada’s Digital Law Library

Over the past year, I have written a series of articles on the theme of (re)building a law library. Obviously, I attach great value to the concept of library as place: my previous column was on that very topic. For me, the expression “virtual library” is somewhat of a misnomer, for a library cannot be virtual if it exists in space and that space has a function. I much prefer the expression “digital library” to describe the non-physical aspect of the library collection, not the library itself, though the two are related and must be integrated in a . . . [more]

Posted in: Legal Information

3 Introductory Steps for Small Firm Succession

The issue of succession for small firms and solo practitioners has received a significant amount of attention of late in Canada. The attention stems from a demographic reality that sees the majority of lawyers in many provinces in the country in excess of 50 years old and a general recognition that a substantial amount of these lawyers have not adequately planned for succession. Concerns regarding succession are especially poignant for small firms and solo practitioners who often suffer from a lack of resources to address succession issues but who are the most at risk for negative consequences due to an . . . [more]

Posted in: Practice of Law

Remember Who’s Reading Your Profile

When did you last review your website profile? Can’t remember? Then it’s out of date and not working for you. 

Lawyer profiles are the most-read section on law firm websites. They are also the most readily adapted law firm marketing materials, so there’s no excuse for letting them languish. If you’re submitting a proposal to, or meeting with, a prospective new client, you can tailor your profile to suit that client’s needs. A profile is a work in progress, like a will.

Like any other piece of good writing, your profile should keep the reader in mind. There’s a very . . . [more]

Posted in: Legal Marketing

If a Disability Prevents You From Working, What Happens to Your Business?

As a self-employed lawyer, you are directly responsible for your business expenses. So what would happen if a serious accident or illness prevented you from working?

Just because you can’t work doesn’t mean your business expenses suddenly stop. You’ll still owe rent, equipment lease payments, and utilities. In addition, you probably have employees with families who depend on your ability to pay a salary on time. 

You’ll need money to keep the doors open and the lights on so you have something to go back to when you recover. If it looks like you can’t return, you’ll need to cover . . . [more]

Posted in: Practice of Law

Self-Promotion Without the Sleaze

In a recent Slaw marketing column, Is “Humble” in Your Marketing Repertoire? , Steve Matthews noted that although lawyers are often encouraged to focus their marketing on their expertise, it’s counterproductive to actually proclaim yourself as an expert in your marketing materials. As Steve says, “expert status should almost always be bestowed by others, not claimed by you.” He advises that you “let your clients decide that you’re an expert based upon your performance.”

So how do you showcase your performance in your marketing materials without sounding like a blowhard? Instead of talking about your performance, demonstrate it. And always . . . [more]

Posted in: Legal Marketing

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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