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Archive for ‘Columns’

Tips on Public Speaking

For those who do public speaking, I recently attended two webinars which provided great tips on organizing your presentation, choosing the best delivery method, creating relevant content and connecting with your target audience. The first webinar “Creating & Organizing your speech”, was hosted by LexBlog and Faith Pincus on May 18th. The second, on June 7th, was a webinar for upcoming speakers for the 2011 ILTA (International Legal Technology Association) Conference. I am speaking at this conference on a panel about “Next Generation Intranets” and will consider many of these tips and recommendations in planning and . . . [more]

Posted in: Legal Marketing

“Only a Fool Would Make Predictions—Especially About the Future”

I’m hesitant about trying to predict the future and would be aligned with those with those who have written:

Trying to predict the future is like trying to drive down a country road at night with no lights while looking out the back window

and

The only thing we know about the future is that it will be different.

both by Peter Drucker

or Samuel Goldwyn, providing the title above.

That said, I’m occasionally asked for views on trends and evolution and to squint into the future, while retaining loyalty to the anti-futurists.

Many see technology and social media . . . [more]

Posted in: Legal Publishing

Cooling Trends in Civil Justice

Hot: Discussing the civil justice system

Not: Funding the civil justice system

The civil justice system will likely never be a popular subject of household discussion or even a top trending topic on Twitter for a day, but it is receiving a little more attention in mainstream and social media of late. Sadly, it is receiving attention for all the wrong reasons. In the United States, the new feature-length documentary Hot Coffee explores a nation-wide conservative campaign to institute tort reforms that restrict the liability of corporations and medical professionals, but likewise limit access to justice for ordinary Americans. British . . . [more]

Posted in: Justice Issues

Legislation Activity in Manitoba

With all the flooding news and euphoria about getting an NHL team again (Go Jets Go!), you could be forgiven for thinking nothing else was happening in Manitoba. However, you would be seriously wrong.

Manitoboba amended the Elections Act a few years ago, adding fixed-year election terms (s.49.1(2)), with October 4, 2011 being the first one. One of the conditions requires that the government not advertise or publish information about its programs or activities in the 90 days before October 4th. This means we are seeing a flurry of announcements in this run-up to the end of the current legislative . . . [more]

Posted in: Legal Information

Articling: Back to Basics

You might have read last month that the Law Society of Upper Canada is worried about the newest articling crisis in Ontario. So worried, in fact, that it’s going to set up a working group to examine the problem. 

I don’t mean to belittle this effort, which is surely well-intentioned. But few subjects have been studied, task-forced and working-grouped more than articling (Ontario’s last kick at this can was in 2008), so it’s difficult to believe this new version will deliver different results.

What’s the nature of the latest crisis? According to Law Times:

  • The number of registrants
. . . [more]
Posted in: Practice of Law

Don’t Brick Your Law Practice

The term “brick” in computer parlance means to turn an otherwise usable computer into a useless piece of silicon and plastic. As a careful lawyer, you are already planning for disaster by performing regular backups, protecting your online and personal computer accounts with strong passwords, and so on. There are places in where your law practice software and hardware overlaps with your meatspace, where you become the cause of your law practice becoming a brick.

I liked how a panel on business continuity at the recent Law Society Solo and Small Firm Conference emphasized the mundane over the . . . [more]

Posted in: Legal Technology

Is ‘Humble” in Your Marketing Repertoire?

Occasionally, we hear about celebrities or athletes whose oversized egos tripped them up in public, and we blame their downfall on “reading their own press clippings.” A similar danger lurks for lawyers who are simply trying to promote themselves online.

When it comes to marketing, lawyers are commonly encouraged to focus on the concept of expertise. Specifically, they’re advised to become the “go-to expert” in their chosen field, or even to become (a term I’ve used myself in the past) a “thought leader.” It’s a fine idea, but there’s a problem: some lawyers have taken this advice literally . . . [more]

Posted in: Legal Marketing

Shrinking the UK’s Equality and Human Rights Champion

The UK’s Equality and Human Rights Commission (EHRC) was established by the Equality Act 2006 with the ambition of creating an equal society which respects human rights. The government in its consultation, Building a Fairer Britain: Reform of the Equality and Human Rights Commission is now proposing that the equality and human rights champion has its wings clipped and turned into a mere regulator through the repealing and amending of certain sections of the Equality Act 2006. Under the proposals, the EHRC would in effect no longer be a champion of equality and human rights, but instead an isolated . . . [more]

Posted in: Justice Issues

Patent Incentives, the Universities, and the Public Availability of Inventions

I have been working over the last few years on what I feel is a latent distinction within our concept of intellectual property. This distinction sets apart the properties produced in educational institutions from commercial properties. The “intellectual properties of learning,” as I term them, often have, if inconsistently, a distinct economic and legal status to them, whether in copyright or patent law, tax-exemption or incentive. The distinctions made around the public good of learning have a long history, dating back in the West, I am finding, to the medieval monasteries, but they hit the headlines last week.

On June . . . [more]

Posted in: Legal Publishing

Accessing Australian Law Legal Resources Using Foolkit

Foolkit, which stands for Free Legal Toolkit, provides free comprehensive access to legal resources in every Australian state except Western Australia. Produced by an Adelaide lawyer named Andrew Rogers, it is a collection of resources for lawyers, support staff, law students and the general public. By some measures, Foolkit is one of the largest access to law websites in Australia. Foolkit gets over 2 million hits per month and Rogers estimates that it is used by about 20 percent of lawyers in Australia.

Foolkit’s goal for lawyers is to improve the efficiency and quality of practice and professional life. . . . [more]

Posted in: Practice of Law

Lawyers and the Media

Benefits of the media

They may be friendly, but they are not your friends. They are skilled, resourceful and tenacious. And most drink too much coffee. Not to suggest a sinister intention, but their job is get information from you — information you may not want to share — whether it serves you or your clients or not.

There is a unique synergy between you though. Sure, you may be at odds most of the time, but you can come together in a highly productive manner if prepared and with a healthy dose of caution. 

Strange bedfellows

If there’s anything . . . [more]

Posted in: Legal Marketing

The Apostille Convention: Authentication in Action

Last August I reviewed basic principles of authentication, in general and as applied to electronic documents. In that context I mentioned The Hague Convention of 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, known as the Legalization Convention or the Apostille Convention. Since Canada is considering acceding to this Convention, this column will review some of the issues involved in that process and in particular the technological frontiers of authentication that The Hague Conference on Private International Law is exploring with respect to electronic apostilles.

Legalization

What is at stake in this discussion is the authentication of public . . . [more]

Posted in: Legal Technology

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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