Prior to the existence of the Internet there was a long standing debate respecting the volume of cases that were being published by legal publishers. Some lawyers and judges claimed that too many cases were being published because most cases apply well settled principles. Others claimed that the application of old principles to new facts was worthy of publication. The new facts result from an evolving and changing world. Some judges have tried to limit the publication of their decisions.

In 1979 there was no provincial case law reporter for Saskatchewan and Maritime Law Book was preparing to start a . . . [more]

What I plan to do in these periodical contributions to Slaw is to examine debates and committee proceedings on bills that may be of special interest to lawyers and legal scholars. What I want to do in this first discussion is to look at the nature of “omnibus bills” and to consider whether such bills tend to erode the capacity of parliamentary scrutiny and may be, to that extent, inconsistent with one or another part of our Constitution.

Many lawyers and legal scholars will be familiar with the notion that “the test of the reasonable man [person] is the man . . . [more]

by Elke Churchman*

Giving back is a way of life for me. It is fulfilling and has made me a much better lawyer, a better family member and a better member of society.

It has not always been that way. I was very narrow and grasping in my focus and cut off from the world. I lived in a nightmare of my own mind. Never feeling good enough but at the same time feeling I must pretend that I was better than, an egomaniac with an inferiority complex! I never fit in and felt I had nothing of value . . . [more]

E-books and e-readers are constant topics of discussion. Every new device released results in a flurry of activity; one only needs to think of the recent press around the new iPad 2 and the Blackberry PlayBook. Tablets and iPads are frequent topics here on Slaw. And in May, Amazon reported that since April 1, 2011, sales of Kindle books had exceeded the sale of print books. 

When I was at CALL recently, a show of hands indicated that more than half the audience owned at least one e-reader. Everyone I spoke with was enthusiastic about their e-reader or tablet of . . . [more]

(This article is based on a talk that I gave at this year’s Canadian Association of Law Libraries conference.)

With online services accounting for an ever-increasing percentage of libraries’ budgets, it is important to be able to keep an eye on the usage of these services. Fortunately, a number of these online services offer usage reports. These reports allow the account administrators to get a clearer picture of how these services are used and how to get the most out of them.

Where to get usage reports

The availability of usage reports varies greatly from publisher to publisher, and . . . [more]

There’s been recent discussion about whether Legal Project Management is different from just regular plain ol’ project management.

It depends on how deep you want to look. Are a cat and a horse the same? They’re both mammals, right? Hair, four legs, warm-blooded…. But imagine if your sweet pet cat were the size of a horse. Her name for you would be “dinner.”

Likewise, at a superficial level Legal Project Management and traditional project management are the same. They have the same principles. They both seek to deliver work efficiently and effectively. They both are based on a combination of . . . [more]

We IT consultants are sort of a mystical bunch. People don’t seem to really understand what we do or how and in many cases we get called when people are desperate because all else has failed. Not many people call me when everything is working great. I want to take this opportunity to clear up three misconceptions people have about working with consultants:

1. We usually don’t need your passwords…and just as often don’t want them.

It amazes me how often I’ll show up at a site and the client will just hand me a sheet listing everybody’s account name . . . [more]

Research on the high degree of lawyer burnout, depression, substance abuse, divorce and suicide make for discouraging reading. Lawyers consistently score much higher than either the general population or other professions when it comes to managing the impact of stress on our lives. (Susan Daicoff “Lawyer Know Thyself: A Psychological Analysis of Personal Strengths and Weaknesses”.) It is one of the reasons that so many younger lawyers entering the profession are pushing back against what they experience as a highly stressful work environment that is dangerous to their health. It is not just the long hours that are . . . [more]

You can’t swing a dead cat [Fn. 1] on the Internet these days without hitting a lawyer or law librarian complaining about the never ending escalation of prices for legal content (print or digital), the unscrupulous business practices of certain legal publishers, and the ineptitude of member associations to address these problems (and more). [Fn. 2] And while all of this may seem new, it isn’t.

I don’t know when the distrust between lawyers and law librarians and legal publishers actually began, but the late Professor Roy Mersky once stated that lawyers’ displeasure with the tools . . . [more]

Most attorneys say that their business comes through word of mouth or referrals. But how do you keep those referrals coming? How do you establish and maintain relationships with referral sources and potential clients? Through effective networking. In the internet age, that means networking online as well as off.

A lot of the lawyers I speak to are still lost when it comes to using social media and networking online. It doesn’t have to be complicated. The same rules apply whether you are networking in “real life” offline or using social media and other tools online. 

Here are some of . . . [more]

The Canadian Forum on Civil Justice (CFCJ) focuses its research on access to justice and legal services. The justice system in Canada is not, of course, one united system but a set of institutionalized processes with overlapping provincial, territorial, and federal jurisdictions. There are civil, family, criminal and administrative divisions and both substantive and procedural laws that must be applied to each situation. Courts and Tribunals attached to this system are increasingly dealing with problems arising from Canada’s failure to solve resistant social problems. Yet, to achieve access to justice for all Canadians, legal services must be delivered as part . . . [more]

I was interviewed recently on the topic of opening my own office. I had run a solo practice for years until mid-2010 when I accepted a position as in-house counsel, and had spoken and written about the advantages and disadvantages of running one’s own shop many times in the past.

In the interview, I mentioned that (more or less) many lawyers feel the need to have an assistant out of sense of ego, and that they feel that a lot of clerical-type work is either an inefficient use of their time or, quite simply, beneath them. I took a (justifiable) . . . [more]