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Archive for ‘Columns’

Old News

This is a reflection on the technologies we use to read and cite “the news”. For me, that involves both old news and breaking news. In any given week, I’m likely to read this “news” on websites (both open and closed), on newsprint, and on microfilm. I’ll listen to it on the radio and watch it on tv too. Yes, that’s all of the above. For reasons I’ll discuss below, I can’t predict that this complex, multimedia aspect of my reading life will be simplified anytime soon. I’m not advocating any such simplification either, though of course there are things . . . [more]

Posted in: Legal Technology

Highway Noise Class Action Authorized to Proceed in Québec

How much noise must neighbours of a highway put up with?

As noted by Geneviève Lay here on Slaw recently, The Québec Court of Appeal has certified the Carrier class action by neighbours of a major Québec freeway, the Laurentian Highway (Highway 73) north of Québec City. I’d like to add a bit to her reportage here.

The neighbours have been complaining about noise from the highway since 1985, which (they say) interferes with outdoor use of their properties and requires them to keep their windows closed at all times. Even with the windows closed, their sleep is disturbed and . . . [more]

Posted in: Justice Issues

Decision Names

When referring to court or tribunal decisions in our daily lives, we generally use only the name of the main party or organization involved in the case. This “style of cause” or “case name” as we call it, doesn’t have to be unique in order to be specific: in any given legal context, the names of one or two main parties often suffice to refer to a decision, its full citation being used only in formal writings. Also, with electronic databases, we can afford to refer to only one decision and other decisions made in the same dispute are often . . . [more]

Posted in: Legal Publishing

Taking a Summer Vacation Will Make You a Better Lawyer (Yes, Really)

If you were planning on working through the summer without taking a holiday, think again. Vacations aren’t just for fun, relaxation and time with the family, they can provide crucial recuperation for your mental muscle. When you don’t take vacation, you lose important recovery time, and over the long term your work (and you) may well suffer.

Here’s why: Our bodies work in rhythms. Our brain does too. Throughout the day we cycle through longer periods of energy exertion and shorter periods of recuperation. Our minds can maintain optimal focus for 60 to 90 minutes before needing a 10 minute . . . [more]

Posted in: Practice of Law

The Golf Tournament

Most of us have participated in or been invited to a golf tournament in our careers. Often these are over-the-top affairs with great meals, fantastic prizes and cost a huge amount of money. Over the years there has been a change in the landscape so more and more tournaments have added a charitable component but still offer great meals, fantastic prizes, and still cost a huge amount of money — yet now the competitors help pay for it.

Golf tournaments come in all shapes and sizes. From the bare bones — half day shotgun tournament followed by dinner — to . . . [more]

Posted in: Legal Marketing

“Sites of Real Engagement”: OpenGovernment.org Opens Up State Legislation

OpenGovernment.org is a new, free site providing online access to information about proposed legislation in U.S. states. Funded by the Sunlight Foundation and the Participatory Politics Foundation (PPF) and now covering six U.S. states, OpenGovernment.org — which launched in January 2011 — enables citizens and organizations to learn about and track pending state legislation, the activities and votes of state legislators, issues that are the subject of proposed legislation, and campaign contributions to state legislators.

In July I spoke with David Moore and Carl Tashian — respectively PPF’s Executive Director and Director of Technology, and the developers of OpenGovernment.org — . . . [more]

Posted in: Legal Information

Thinking Like an Owner

The magic words that every associate wants to hear from a partner is that the associate is now “thinking like an owner”. These words mean that the junior lawyer realizes the difference between being an employee and becoming a partner in a professional services firm. It means that the associate has grasped the difference between a partnership structure and a corporation. 

Many young lawyers starting out believe that being smart, skilled and working hard will naturally lead to partnership. While this may lead to promotions within a corporate structure, in a professional services firm such as law, accounting or consulting, . . . [more]

Posted in: Practice of Law

Let’s (Not) Make a Deal: Supreme Court Gets It Right but Justice Takes the Fall as Crowns Entitled to Break Plea Bargains

A deal’s a deal. Except where lawyers are concerned.

That’s the tough lesson learned by Alberta’s Olga Maria Nixon. Having been involved in a car crash that orphaned and seriously injured a seven-year old boy, Ms. Nixon may not engender a high degree of public sympathy but her legal ordeal set the stage for a very significant precedent handed down by the Supreme Court of Canada (SCC) several weeks ago in R. v. Nixon 2011 SCC 34.

Ms. Nixon was alleged to have driven her motor home though an intersection without stopping striking another vehicle and thus causing the . . . [more]

Posted in: Justice Issues

Funding the LIIs

Out of the blue (well to us anyway) House of Butter learnt that BAILii was teetering after it became clear that UK government sources of money were to become increasingly difficult to access as the (UK) coalition austerity belt tightened.

On 10 June we learnt from a number of UK LIS LAW posts and BAILii themselves that although they’d still receive UK government funds until March 2012 the organization would have to appeal for more funds from other parties.

Their funding page was updated with the following appeal notice a few days later

Why is BAILII appealing for funds?

BAILII’s

. . . [more]
Posted in: Legal Publishing

Aggravation Due to (Dis)aggregation…

There is a trend that is causing me great consternation, and I think its impact is only just starting to hurt our users and budgets. It is the decision being taken by some publishers of electronic versions of journals and law reports to remove their titles from the aggregators, such as Lexis or Westlaw, and to build their own platforms and then sell the titles /access separately to consumers at a rate they think is achievable.

I admit to my fair share of cynicism in relation to legal publishers; many – though thank goodness not all – have always seemed . . . [more]

Posted in: Legal Information

Managing Your Personal Digital Profile

What do your clients find when they Google you?

The answer to that simple question lies at the heart of the personal digital profile concept. For most lawyers, your law firm website bio will be front and center in the results, and that is as it should be. While ensuring that particular page is prominent in search results for your name is a necessary step, my own view is that it is not a sufficient one. 

Lawyers are inherently predisposed to manage and minimize risk, and building out your digital profile is a strategy for doing just that when it . . . [more]

Posted in: Legal Marketing

Advice to a Leadership Successor

Early in July I launched Law Firm Leaders – the ONLY group on Linkedin exclusively for and populated by firm chairs, managing partners, and a few qualified executive committee members of (primarily U.S.) firms with over 100 lawyers in size. With an initial membership of over 60 law firm leaders, this question from my colleague, Brian Burke, quickly became one of the most popular, generating numerous responses:

As you think back over your years of service as a managing partner, as you think about some of the leadership lessons that you’ve learned (perhaps some through trials of fire), what one . . . [more]

Posted in: Practice of Law

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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