When I was chatting with one of my American colleagues at this summer’s ACLEA conference, our talk turned to our competitors. We agreed that our biggest competition is the free material on the web, rather than legal resources published by any other legal publisher. (We both publish secondary legal material: practice manuals and the like.) This set me on a train of thought about the funding behind all that free legal information.

With my belief in access to justice and to legal information, I can’t help supporting initiatives to make primary legal material and legal scholarship freely available online. I . . . [more]

Many of my client firms don’t have a marketing professional on staff. Instead, they have a group of lawyers who are doing their darndest to make the best marketing decisions for their firm. 

They want to know the best practices for marketing decision-making and work flow systems. There are many good models and I’ll offer a hybrid of what I’ve seen work well. This is not a one-size-fits-all approach, but should provide you with some foundational elements to build upon to suit your firm’s culture, size and needs. But for a mid-sized firm with established practice groups, or at least . . . [more]

Lawyers and engineers see the world differently. It is as if they speak different languages, and difficulties of mutual understanding arise. The problem is not so much that they use different words to describe the same thing but rather that they may use the same words to describe different things. It may be more helpful to think of lawyers and engineers as having different belief systems: the motivation for understanding the world and what makes it tick differ. One belief system is not more accurate or ‘true’ than the other, but they can have different practical consequences.

 So long as . . . [more]

The most recent Canadian Bar Association annual meeting just wrapped up in Halifax, and while I missed this one, I attended many previous editions (more recently called Canadian Legal Conferences) while with the CBA. 

At each CLC, I came to notice, Chief Justice Beverly McLachlin’s keynote address could always be counted on to include a call for the legal profession to do more pro bono work. I suppose the fact that this is an annual request from the chief justice indicates that it’s not generating the results she might like to see. 

But it does illustrate the fact that . . . [more]

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]

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]

The riots that started in Tottenham, London on 6^th 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]

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]

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]

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]

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]

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]