The Canadian Charter tells us (s.24) that if we think our rights have been violated, we can apply for ‘such remedy as the court considers appropriate and just in the circumstances.’ Does ‘just’ add anything to ‘appropriate’? Or is it, like ‘cease and desist’, only a bit of legal belt-and-braces?

Sometimes we do think of justice as mere propriety. For something to be unjust is for it to be out of kilter, morally speaking. On this way of looking at things, we can say that destroying the environment, abusing children, breaking promises, and torturing people are all unjust. They are . . . [more]

A January article in Boing Boing talked about loose-leaf publications, marveling about their existence in the same way that the average marine biologist once marveled about the continuing existence of the coelacanth. I’m so used to having loose-leafs in a law firm library that I hadn’t considered that they might be considered a novelty elsewhere, but it started me wondering: are loose-leafs going to become the legal library equivalent of the coelacanth? Legal loose-leaf publishing has been around at least since 1915. These early loose-leaf services allowed legal publishers to produce up-to-date consolidations of legislation without having to reprint . . . [more]

I enjoy the regular updates on interesting work environments posted by LifeHacker.com, where you can see all manner of screen and desk layouts, often with multiple monitors (even 6!) for enhanced productivity. We are not all going to have multiple monitors, and perhaps shouldn’t even if we can in light of concerns about multi-tasking and how terrible we really are at it. We may not even be able to choose an alternative to the dominant law office operating system, Microsoft Windows. But whether you have more than one monitor or not, here are a couple . . . [more]

I was talking with a friend recently about legendary basketball coach John Wooden, who passed away at the age of 99 this month. My friend worked in close proximity to Wooden in the early 70s, when UCLA (University of California, Los Angeles) was unquestionably the best college basketball team in the world, completing an unprecedented and unequaled streak of seven consecutive (US) national championships.

He told me a couple of stories that bear on project management.

Building From the Ground Up, Starting With the Socks

He said Coach Wooden spent the first five minutes of the first practice each year . . . [more]

I was in Whistler, British Columbia, for a law firm retreat and stayed at one of the best hotels – you know, one of those places with the ultra plush bedding, towels that stack high and spa-inspired toiletries that smell good enough to taste. 

About a month before my stay, this hotel started a pilot program to accept dogs. So, not only did my family join me, so did our beloved Golden Retriever. After two nights in the palace, complete with The Dog, I spent the better part of an hour filling out their dog service survey. I used every . . . [more]

Many of you are likely already familiar with the alleged facts in the disturbing and complicated case of Captain Robert Semrau. For those who are not, here’s a quick refresher. 

Capt. Semrau was serving a tour of duty with the Canadian military in Afghanistan. He was assigned to a small Operational Mentor and Liason Team (OMLT) tasked with working hand-in-hand with a larger force of Afghani military assisting them in becoming a self-sufficient fighting force capable of challenging the Taliban militia on their own when Canada’s mission comes to a close. On Oct. 19, 2008 his orders were to troll . . . [more]

Law is a vocation where every word counts; each word has a meaning. However, in almost all correspondence with lawyers, the words “without prejudice” or “confidential and legally privileged” are present. With the ever-growing use of email, it has become standard to include a confidentiality notice at the end of your message, just below the signature. Do we really know the meaning of the words we use though?

“Without prejudice” has been used by British courts for over 100 years. According to an article by Ronald D. Manes, Solicitor/Client Privilege, it originates from the solicitor-and-client privilege which was “established by . . . [more]

As Windows 7 and Office 2010 sweep across the land, along with a plethora of interesting new hardware devices like iPads and netbooks, the urge to upgrade is striking a great many attorneys. I can hardly walk into a room without somebody sidling up to me and asking “So….should I upgrade?”

The answer is always the same: “Maybe.”

“Maybe?” they respond, with that unsatisfied look in their eyes. They’re surprised. I’m a technologist. I’m supposed to always be pushing them to the bleeding edge, chuckling softly that they only have 4GB of RAM, suggesting that they could get a 3rd . . . [more]

Richard Susskind has been far and away the most interesting speaker I’ve heard this year. He’s been travelling around the world delivering his message of coming change for the legal profession. He spoke at a recent CLEBC course and at the BC Court of Appeal 100th anniversary course.

For those of you who haven’t yet had the Susskind experience, he predicts that the legal profession is undergoing profound changes as corporate clients are under increasing pressure to cut costs, and as private clients cannot afford the bespoke services provided by lawyers. He anticipates that over the next ten years, the . . . [more]

On May 12, 2010, I attended the San Francisco manifestation of Carl Malamud’s road show on legal information. Carl has criss-crossed the United States putting on programs about government information in general, and legal information in particular. The San Francisco/ Berkeley version of the program included luminaries from the world of information, law, librarians and information cowboys. If you want to see my bit, here is a link.

Questions like, “How can we organize a movement to determine exactly what types of information states already make available digitally?” sat side by side with questions like, “Can I get Twitter . . . [more]

Recently there has been debate about the concept of personal branding. Detractors of personal branding argue that companies, objects and services can be branded, but that people cannot be branded in the same way. Much of this debate seems to hinge on the idea that to undertake acts of personal branding, one must relinquish a degree of humanity and individuality. This couldn’t be further from the truth and is purely an issue of semantics.

Branding is the process required to create (and maintain) a controlled and instant impression of the identity or personality of the subject in the minds of . . . [more]

If there’s one lesson lawyers really should learn about participating in online communities, it’s this: how you contribute to a conversation is at least as important as what you contribute. Those who don’t appreciate this guideline run the risk not just of seeing their comments ignored, but also of earning a bad reputation that’s hard to shake.

I’m thinking specifically of lawyers who engage in strafing an online conversation, scattering self-promotional marketing messages at each landing point. They’re newcomers with some credibility in the marketplace, but have little invested in any specific virtual community. So they charge in, market, and . . . [more]