When I talk with people in the legal marketplace about alternative fee arrangements, I often hear two common objections. Interestingly, one is raised by lawyers and the other by clients. 

Lawyers say they don’t want to offer fixed fees because they figure that the client, having bought what is essentially an unlimited amount of legal services, will then deluge the lawyer with phone calls, emails, and tasks of varying complexity, burying the lawyer in work for which he or she will never be compensated. Clients, on the other hand, say they don’t want to accept fixed fees because they figure . . . [more]

In the United Kingdom and in Canada the history of the language of law reports is as much about the influence of the French language as it is about the use of English. To a lessor extent such history is also about the influence of Latin.

Consider that the first English law reports were in the French language for over 300 years, specifically:

– the first English law reports are found in the Year Books that run from 1260 to 1535 and they were written 100% in the French language. See page 99, The Language of the Law by David . . . [more]

Many judicial and quasi-judicial proceedings these days are recorded on audio- or videotape, rather than by a court reporter taking notes in person then transcribing them. Usually the audio tape is then transcribed, at least if someone needs a transcript. 

The recordings are often taken as the (or an) ‘official’ version of the proceeding. For example, a practice direction of Ontario’s Workplace Safety Insurance Board (WSIB) treats recorded and transcribed proceedings on an equal footing. The rules of practice of the US Nuclear Regulatory Commission provide in Rule 2.237(a), “If the hearing is recorded on videotape or some other video . . . [more]

[This is the third in a series of articles about the trends, theories, principles and realities that have influenced the redesign of the new library of Osgoode Hall Law School – part of the renovation and rebuilding of the law school currently underway. This instalment is written in response to Eric Appleby’s recent post on “The Future of Headnotes”.

When you walk into an academic law library, the first that meets your eye is row upon row of bookstacks as far as the eye can see, filled with published law reports. It’s an impressive sight; and, in the 21st . . . [more]

Lawyers love to armchair quarterback the trials of others. We strategize, we second-guess, we substitute our own brilliance for the wit and experience of learned trial counsel. It’s our professional equivalent of Tuesday Morning Football.

However, on the rarest of occasions, there comes a time when a legal strategy is just so outrageous that our armchair quarterbacking risks incurring hoots of derision.

I’ve been reading about a particular trial for the past few weeks (yes, it’s now, at the time I’m writing this, in week 6 of what could be a 9 or 10 week trial). I believe, officially, that . . . [more]

In a previous column, we described the Canadian Forum on Civil Justice’s Inventory of Reforms, a freely accessible, online database that contains descriptions of civil justice system reform initiatives from across Canada. The importance of this information is not only in letting people within a jurisdiction know what is changing, but also letting all jurisdictions across the country see what is being tried elsewhere. The natural extension of this is the ability to identify the most effective reforms so that they can be highlighted and applied elsewhere, though this function is naturally the most challenging to put into . . . [more]

Acquisitions and mergers are expected to continue as the major legal publishers explore ways to increase their profitability, achieve growth and increase market share. When organic growth fails to achieve corporate expectations, acquisitions and mergers are the next best thing.

The acquisition of Canada Law Book by Carswell Thomson is simply the most recent acquisition of note in the Canadian market. There have been many others of far greater significance in recent years, including the acquisition of Yvon Blais by Carswell, the acquisition of Quicklaw by Lexis Nexis and the re-acquisition of Irwin Law from Quicklaw by its founders.

Long . . . [more]

I’ve been giving some thought to patent law since Simon Chester posted “Appeal Granted by Federal Court for Amazon.com 1-Click Patent Application” (Slaw: October 14, 2010). The case is Amazon.com, Inc. v. Canada (Attorney General), 2010 FC 1011 (CanLII). I had a look at the case, thinking it would be interesting to see how Amazon had done the 1-click thing. I was disappointed. I got the distinct impression that the judge (Michael L. Phelan) knew even less than I do about what programming for the web involves. My brief comment was sort of an invitation to others . . . [more]

According to actuarial tables, a 35 year old has a 50% probability of being disabled for at least 90 days and the average duration of disability is an incredible 3.5 years. The probability decreases slightly as you get older, but the average duration increases. The probability of a 50 year old being disabled for at least 90 days is 33%, but the average duration is almost 5 years. 

Based on the probability of having a claim, I think you’ll agree that disability insurance is a good idea, but if you believe your employee Long Term Disability (LTD) plan offers plenty . . . [more]

Recently, I have encountered a number of lawyers who have found themselves unemployed due to cuts or downsizing at their firms. Some of these lawyers were baffled that they had been let go; they had experience and were good lawyers who did their work well, kept their noses to the grindstone, made sure the work they were given by their practice groups or supervising partners got done, and met their billable hour requirements. They didn’t waste time socializing and kept out of the way, focusing on their billable work. But the very things that these lawyers thought should have kept . . . [more]

In 1910, an Englishman by the name of Percy T. Carden ^{[Fn. 1]} published an interesting proposal arguing for the creation of loose leaf law reports, which, at the time, generated considerable debate concerning the merits of ditching bound volumes in favor of publishing cases as single-issue slip opinions to be filed away in drawers. See Carden, Loose Leaf Law Reports, 26 L. Q. Rev. 75 (1910); see also Loose Leaf Law Reports, 30 Can. L. Times 244 (1910) (doubting that debris of littered “loose leaves” would ever find their way back to their proper places); Hawley, Law . . . [more]

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]