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]

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]

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]

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]

There have been a couple of blogposts recently that are worth noting – the first one marks the impending breaking of the $1 billion mark for e-books – posted on James McQuivey’s blog – and a related post a few days earlier on Law Librarian Blog about the release of 40,000 e-books by Springer without any DRM (Digital Rights Management) restrictions.

Our library is like many others – we have purchased e-books to provide the best range of resources to our academics and students. These are in addition to the paper, because we are lucky and for the UK at . . . [more]

So, what are the other firms doing? 

How many times have your heard that? It seems in this industry we are only concerned with what everyone else is doing – looking back rather than ahead.

Let’s look at an example that was shared with me recently. In a meeting discussing an important, and potentially problematic client issue, it became apparent that the lawyers in the meeting were focused solely on what other firms were doing to deal with the same issue. 

On the plus side, the practice group understood that being proactive and providing solutions is exactly the type of . . . [more]

In my previous columns I’ve argued that lawyers who close their eyes to the use of courtroom technology may be negligent, I’ve encouraged lawyers to try courtroom technology and I’ve tried to sell the idea of using PowerPoint with little or no text. With me so far?

For the next few columns I’ll illustrate a few basics for assembling a PowerPoint for evidence presentation.

Persuasive litigation in my mind should have a strong visual component. Talking head witnesses are so 1970’s. The 2010’s call for visual engagement of the trier of fact, whether judge or jury.

That visual engagement is . . . [more]

Unless you work at a very large law firm, odds are that you don’t have a dedicated employee(s) for writing proposals or responding to RFPs. And that’s okay – you should still go for it; there are just a few points you may wish to consider:

1. Don’t respond to everything. You can waste a lot of time and money if you respond to proposals if you don’t meet the requirements. Read the RFP document carefully and consider if you truly are a good fit. 
2. Ask for clarity. Sometimes there are mistakes or vague statements in RFP documents; you might disqualify

Although two of my columns have already been posted on this blog, I never really officially introduced myself to the readers. As the youngest columnist in the Slaw family, I’d very much like to share my background and the road I travelled to date on my professional journey! 

The Early Years 

My story begins in the summer of 2002 when I left my family and moved to Montreal from Haiti to begin my postsecondary studies. I immediately enrolled to College Jean-de-Brébeuf and quickly developed a particular affinity for science and the law. This affinity for both those fields would stay . . . [more]

On September 26, 2010, the New York Times ran a front-page story concerning outsourcing public libraries to private corporations. This article chilled me to the marrow of my bones for several reasons. First, the library that triggered the article is in Santa Clarita, California. This is not a city that is drowning in deficits and grasping for straws. It is a city that is in the black. Santa Clarita’s move is made in the clear light of day, for purposes of future planning.

Second, Frank Pezzanite, the director of Library Systems and Services, the corporation which, if taken as a . . . [more]

As a lawyer who has been heavily involved in my Provincial Lawyer Assistance program and with the CBA’s National Legal Professionals Assistance Conference, I have travelled all over Canada and even ventured into the United States to either speak to, or hear others present, on the topic of lawyer’s wellness. Many of these discussions focus on our collective need to achieve a healthy work-life balance. This isn’t surprising, given the consuming nature of our profession and its demands on our time, mental and emotional energy. Employing our well-trained critical eye on the intricacies of other people’s conflicts can be exhausting. . . . [more]

Two very good columns were posted here recently on the topic of looseleaf legal publications—one by Susannah Tredwell; the other by Ruth Bird. Ruth in particular painted a very negative picture of the looseleaf—basically the care and feeding is too onerous—and predicted its demise within the next 10 years.

Susannah referred to an article in BoingBoing; the comments on the article are most entertaining—mostly cries of woe from people who had been forced as part of their job duties to file looseleafs. From the tone of some of the comments you would think that looseleaf filing is a . . . [more]