One of the skills that legal researchers and authors quickly have to master does not have anything to do with substantive law, but with how to refer to legal materials. This is true in many other areas of specialized knowledge, but citation standards in the legal realm seem to be particularly cluttered with minute details and exceptions, especially in Canada and the United States. Some of us eventually become quite skilled at knowing how to use square brackets, abbreviations and acronyms of legal authorities. The rest of us rely on proofreaders to make sure that every rule in the . . . [more]

In a previous column, I talked about managing expectations when you hire a marketing consultant or agency. Being clear about why you’re hiring a consultant and ensuring that everyone in your firm understands those expectations will get the relationship off to a good start. 

But how do you go about choosing the right marketing consultant for your needs? First, Beware the Brother-in-Law! So many law firms find their suppliers through their families. In-house marketing staff cringe when they hear the words, “My brother-in-law can do that.” That choice is being made not because of what is best for the firm, . . . [more]

The next and most important area for innovation in law firms is not in the way we bill time, structure compensation or in the technology we employ. It is in turning our attention to maximising the output of – in the words of Hercule Poirot – our little grey cells.

Achieving and sustaining excellence takes strategic and practiced use of our biological resources. Work life in the modern law firm is a marathon not a sprint. Developing practices to sustain our energy and maximise our mental effectiveness means we will get more value out of every hour at the office . . . [more]

Morally, legally, financially, environmentally: can we really create huge unprecedented risks in pursuit of our own comfort, and manage them successfully? I am coming to agree with Thomas Homer-Dixon that our destructive capacity has far outstripped our ability to manage or even understand it:

As our world has become more complex, we have, in fact, moved from a world of risk to a world of uncertainty. In a world of risk, we have data at hand that allow us to estimate the probabilities that any given system we are working with will evolve along certain pathways, and we can also

Facebook, like bad weather, is everywhere. Nothing new there. What is new is how it’s appearing in the legal system. When Facebook is used as a tool for revenge it may lead to litigation. It can become a sword to undermine an opponent. It can even be a force for good for police and courts.

In a racy case being played out in the Federal Court in Melbourne, Australia Facebook was used as a sword to inflict pain that led to a high profile lawsuit. Then in the same case Facebook was used by the court to summons the inflictor . . . [more]

Many years ago I took an excellent time management course for lawyers that was put on by our local Continuing Legal Education Society. The instructor had many good tips on how to manage a busy lawyer’s day. I went back to my office filled with enthusiasm that finally I was going to feel a sense of control over my life. I diligently experimented with many of the suggestions from the course. However, despite my best efforts, I did not manage to successfully implement a single one of the instructor’s recommendations.

My assistant was less than pleased when I tried to . . . [more]

As we begin the new year, a lot of my clients are developing their 2011 marketing plans, and that means I’m getting a lot of questions about what they ‘should’ do to market their practices this year. Here’s part of an inquiry I received from an existing client:

I simply must know what works for lawyers in my practice area, in a similar geographic area. What I need to do is to focus on best practices of other attorneys specifically in these areas of law, and replicate them to the extent possible….

In other words, I need a direction: cable

January was all about lists. Every blog, publication, and column uses this season to either reflect on the year that was or look ahead to the year that will be – and I want in on the prognosticating party. Thus I give to you, fair SLAW reader, my picks and predictions for the top five trends to watch in Canadian criminal justice in 2011. To build the anticipation, I have listed my picks in reverse order. No cheating by scrolling straight to the bottom of the page.

5. Increased emphasis on case management.

For a number of years, governments have . . . [more]

Exciting developments in citizen lawmaking and technology have enlivened the last several weeks. These efforts suggest that in the coming year, more and more of the Web’s democratic promise may come to fruition:

Respecting ePetition and eConsultation:

• Beginning in 2011, UK citizens will be able to propose legislation on the Direct.gov.uk Website. Proposals receiving a threshold level of popular support will form the basis for legislation which will be introduced in Parliament.
• Rules have been finalized for the European Citizens’ Initiative, a direct online democracy mechanism for the European Union. Initiatives receiving a certain level of support

Imagine this: You are a busy lawyer with a multi-jurisdictional practice, and frequently find yourself in different courtrooms or offices in various counties, states, provinces, etc. At each one of these locations, you need access to relevant, location-specific information, such as local rules of the court. Now let’s assume you carry a networked mobile device that has one or more “apps” giving you access to primary and secondary source material. The portal, while very modern, is still dumb, and by that I mean it requires you to navigate—whether by search, facets, tables, or indicies—to the location where the relevant . . . [more]

One of the more profound things I’ve learned, that I try to pass along to new leaders, be they managing partners or practice heads, is to “act like you are on stage at all times, because you are!” Everything you do and say will send messages, set tone, establish expectations, and communicate direction about what is of priority to you. With that in mind, you need to carefully orchestrate what symbolic acts you may want to execute to create a lasting impression and convey what you stand for. In other words, you need to always think through:

Where You Spend . . . [more]

One issue that comes up when you’re starting (or developing) your own practice is the question of how – or indeed, whether – to advertise. We’ve all seen our American colleagues’ ads on television (and laughed, or groaned, or gasped), and everyone always checks out their own colleagues’ ads in the Yellow Pages every time the new book comes out. But how do you decide what it is that you’re going to do when it comes to letting the public know that you have an office and would be more than happy to have them come and see it?

Our . . . [more]