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Archive for ‘Columns’

Rise Up – Overcoming Immunity to Change

Ever find that the change goal you most wish to breakthrough is the hardest to tackle? It’s like having one foot on the gas and one on the brake, you just can’t seem to progress. 

Chris wants to learn to delegate more effectively but every time he tries he gets burned and concludes it would have been easier if he had just done it all himself. Carrie has perpetually got too many of other people’s priorities on her plate. She would like to say no more often but every time a colleague or friend asks her for help she feels . . . [more]

Posted in: Practice of Law

Playing With Parole

Does tinkering with our long-standing parole system actually increase public safety?

In Oliver Stone’s recent sequel to the classic film Wall Street, we are treated to a scene of Gordon Gekko standing in line awaiting his release after years in jail. The camera is focussed tightly on Gekko’s soft but slightly wrinkled hands as he accepts the return of items in his property bag that were seized from him two decades ago when he began his incarceration. “One watch. One ring. One gold money clip with no money in it,” the desk officer intones. The camera then pulls out . . . [more]

Posted in: Justice Issues

More On: Finding Hidden Treasure

My last column addressed an odd feature of current legal periodical publishing: a number of legal publishers do not expose interoperable metadata for their periodical articles on the free Web, and do not sell or license individual periodical articles online.

We saw that these practices seem unusual because they are inconsistent with industry trends, and because these publishers already use digital publishing processes, have access to free or low-cost ejournal platform and ecommerce software, often have access within their own corporate families to expertise in implementing such software and services, and, given the size of the global market and the . . . [more]

Posted in: Legal Information

Not Just a Pretty Face

Jane was a family law associate in a large firm where she hoped to be made partner within 2 years. While she had a good client base including clients whom she had brought to the firm and excellent billings, she felt that she was invisible to most of the partners.

She didn’t work in a large practice group and had no apparent champion who might speak for her at the partnership table. She often felt that the partners saw her family practice as a sideline service they were happy to provide their corporate clients provided they didn’t have to touch . . . [more]

Posted in: Practice of Law

Are Marginal Notes Trivial?

Last October, Les Publications du Québec — the official printer for Acts and regulations in that province — started to remove marginal notes from its newly updated consolidated legislation collection called “Compilation of Québec Laws and Regulations”. When an Act or regulation gets amended, all its marginal notes are now removed from the text. Marginal notes in Quebec legislation will therefore progressively fade out as consolidated texts are being updated.

Marginal notes are words and small phrases that were traditionally displayed in the margin of printed statutes, providing hints about the content of specific provisions. Modern typesetting conventions . . . [more]

Posted in: Legal Publishing

“Location. Location. Location.”

Location-based tools and offerings have been a growing trend on the web. We haven’t yet felt the full impact of this movement in the legal world, but recent developments by Google, Facebook and others will likely accelerate the process. Here are a few examples of location services and their potential impact in the legal context: 

Google Places 

In late October 2010, Google introduced “Place Search”, a new kind of search result that places more emphasis on local businesses with a “bricks and mortar” presence. The change alters the results web users see when they perform a Google search for the . . . [more]

Posted in: Legal Marketing

Knowledge = Power, Right?

Toronto’s first Webcom was held on November 3rd. The conference, in its ninth iteration in Montréal, brought together a diverse group from various information professions – communications and technology folk rubbed shoulders with librarians, consultants and marketing executives. We were treated to an equally diverse range of speakers. The program looked at social networking, collaboration and a wealth of case studies in the application of social media in the enterprise. Connie Crosby did us proud with a lightning presentation of social media tools in the enterprise. 

Shel Holtz started the day with Tactical Transparency : the Value of . . . [more]

Posted in: Legal Information

Data Dumps: The Bane of E-Discovery

Everyone knows you’re not supposed to do a data dump in e-discovery. But oh boy, is there a temptation to drown the other side in a case with an avalanche of useless data. Too often, law firms and their clients succumb to this temptation.

In SEC v. Collins & Aikman Corp. (S.D.N.Y. 2009), the SEC dumped 1.7 million records (10.6 million pages) on the defendant saying that the defendant could search them for the relevant evidence and asserting that it didn’t maintain a document collection relating specifically to the subjects addressed. As the court correctly noted, Rule 34 of the . . . [more]

Posted in: Legal Technology

Cumulative Pollution a Charter Breach?

Ecojustice, formerly Sierra Legal Defence Fund, has launched a lawsuit on behalf of Aamjiwnaaang First Nation members, Ron Plain and Ada Lockridge, alleging that the cumulative effects of government approved pollution in Sarnia’s Chemical Valley amounts to a violation of their human rights under sections 7 and 15 of the Canadian Charter of Rights and Freedoms. The case is an application for judicial review, attempting to strike down Ministry of the Environment action that allowed Suncor to increase production (and presumably emissions) from its refinery in Chemical Valley. Suncor had been required to limit production at the facility . . . [more]

Posted in: Justice Issues

Listening, Really Listening, to Corporate Counsel

I’ve spent a lot of time listening to corporate counsel over the past few weeks. The examples they give of how their external law firms “don’t get it” never cease to amaze me. For instance, the GC of a large financial institution said she was once told by her litigation counsel, “Look, it’s our factum; that argument stays in.” Not only did the argument not stay in, but neither did the law firm! 

I’m sure most readers will think, “No one in our firm would be that stupid.” So let me ask you this: if an important client offered to . . . [more]

Posted in: Legal Marketing

Where Leaders Stumble

I’m currently collaborating with a colleague who is doing a lengthy research project attempting to identify the characteristics, traits and behaviors of the most effective law firm managing partners. In our most recent discussions he posed this question: “In firms you’ve observed where the managing partner isn’t doing well or leadership is weak or dysfunctional, what one or two things do you find are the biggest or most common causes of failure?”

To provide a meaningful response, I went back through a decade worth of notes from training practice group leaders, scrutinized the results from the psychometric data that I . . . [more]

Posted in: Practice of Law

The World Is Opening Shop in China: Legal Publishers Activities – Can We Learn What They’re Up to ?

China China China. 

It’s the mantra of global business & finance and following their lead comes the legal industry.

The flood of international law firms into the Asian region to service the new opportunities in an ever expanding legal market over the last decade has been phenomenal and in 2010 there’s a new gold rush for law firms with china connections for this year’s huge IPO boom

Where the law firms go, so go the feeders, all of them desperately hoping for a piece of the pie.

The region’s two leading locations with a rule of law based on the . . . [more]

Posted in: Legal Publishing

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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