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]

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 Then it’s out of date and not working for you.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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]