Canada – either the Government or the Parliament of the day – has issued public apologies for its treatment of various groups, primarily ethnic communities for the mistreatment they endured in the hands of previous Governments: Japanese Canadians during WWII; Italian and Ukrainian Canadians during WWI.

Certainly the most dramatic apology was the one offered to the Aboriginal peoples of Canada for the mistreatment of their children over many decades through the residential schools run by various churches under contract with the federal government. Some other time I would like to argue that Parliament needs also to apologize for the . . . [more]

Is the practice of law predominantly a business or a profession? The debate is an old one. When Governor General David Johnston spoke of the practice of law at the recent Canadian Legal Conference in Halifax, he described it as much more than a profit-driven business. He portrayed a noble profession with duties to the client, to justice and to the public interest. He saw a social contract as existing between lawyers and society:

“There are three principal elements to any profession’s social contract. First, the profession is characterized by specialized knowledge that is taught formally and obtained by experience . . . [more]

A newly minted partner that I know, was hit with the realization that while she has a robust group of clients, she can no longer look to her firm to send her work as they did when she was an associate. Lisa knows that developing new business is now completely up to her. She also now has a responsibility to make sure that associates in her medium-sized firm are given sufficient work that they too are profitable.

When Lisa looks at her marketing plan, it includes all the right activities. She regularly contacts existing and old clients. She gives client . . . [more]

I have this dream—a nightmare really—like one of those dreams where you’re trapped in an embarrassing or compromising position. In this dream, I walk into my law firm’s library and the shelves and books are gone. Instead, I see rows of keyboards and gleaming cathode ray tubes. The computers have staged a coup d’état.

Scott Stolley, The Corruption of Legal Research, For the Defense (Apr. 2004).

The promise and scope of Big Data is that within all that data lies the answer to just about everything.

Vivek Ranadivé, Chairman and CEO, Tibco, from Crunching Big Data: more than a

Everybody wants something for free. It’s human nature. And it’s rarely more prevalent than when it comes to technology. “It’s all just bits and bytes, why should it cost anything?” says one. “Information wants to be free” suggests another. 

Today’s generations have grown up in the age of Napster and Google and surveys indicate that there is almost an expectation that digital content, including music and movies, is free. Much to the chagrin of the entertainment industry who has been battling since the invention of the tape recorder and VCR to figure out how to keep making money off a . . . [more]

Quicklaw and Westlaw Canada use “*”. CanLII uses “!”. I’m referring to the symbol that these databases use for as a “wildcard”, that is the symbol used to represent one or more characters in a string when carrying out a search. Conversely, when it comes to the symbol used to truncate a word, Quicklaw and Westlaw Canada use “!”, but CanLII uses “*”. (Google does not allow users to truncate search terms at all, although it does use “*” as a wildcard in phrase searches.)

Not only does the symbol used for the wildcard vary among online services, but . . . [more]

I never had the opportunity to take Law and Economics, and almost everything I remember from undergraduate economics courses I could have learned at Father Guido Sarducci’s Five Minute University. In spite of my lack of knowledge about the subject I’m beginning to suspect that whatever you’re thinking about, it’s important to follow the money.

I doubt that thinking most Aboriginal issues are about money, rather than constitutional law principles, international law principles, or human rights principles is any kind of insight. But I wonder, are there foundational legal principles about money? For example, is there a legal principle . . . [more]

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]