The current spate of stories concerning nations trying to limit the use of Blackberries, when combined with the recently floated ‘net neutrality’ agreement between Verizon and Google, is emblematic of the continuing invasion of the world of telecommunication by the world of governmental and corporate power. Almost two decades ago, I was on a panel with Professor Marge Shultz of the Berkeley Law School faculty, who made a remark that I have never forgotten. Professor Shultz opined that,

Our ability to make advances in technology is outpacing our ability to understand how such progress fits in with law and politics

Driving the other day, I saw the following electronic highway sign:

Seattle:
Rte. I-90 19 mins
Rte. 520 14 mins

There are only two bridges from Bellevue to Seattle, so I had to choose one of these routes. No-brainer, right? Take Rte. 520 and save five minutes.

Not so fast, so to speak. Seattle’s not a small town. Both these routes lead there, but they leave drivers in very different places. Does “Seattle” refer to where each road enters the city, or to a specific spot? If the latter, where? Depending on where I want to go in Seattle, I-90 . . . [more]

I tend to live in the future. I think about what it will be like when I’ve paid off all my debts, how I’m going to celebrate a significant event coming up next year, and what my next job will look like. So last December, when the legal outsourcing firm Integreon announced the first “Shared Information Service”, or outsourced law library services, I was very intrigued. At the time, I remember thinking, “how are they going to do this?” I can understand outsourcing research (be it legal, business development or competitive intelligence), but how do you outsource the physical . . . [more]

At the top of my list of things that should never be uttered in a marketing meeting is “because we’ve always done it this way” and “we’ll be the first in our industry to do it.” These are simply not acceptable answers to the most important marketing questions that you should ask yourself before you incur any marketing expense. 

Think of marketing as a type of investment. While rates of return and maturation periods vary, a sound investment plan should ultimately help you meet financial goals. Likewise each marketing dollar spent should net you returns if marketing expenses are carefully . . . [more]

Most law firms use Microsoft Outlook and most people only think of it as an e-mail client that happens to have a calendar stuck on it. In reality though, Outlook, especially Outlook 2007 or newer, is quite a bit more than that.

Outlook 2007 introduced the “To Do Bar” – a panel on the right side of the screen when you’re looking at the Inbox – that shows you the next couple of appointments on your calendar as well as any tasks or flagged e-mails that you may have. It’s the ability to flag e-mails for follow-up that I want . . . [more]

After a judicial decision is completed by a judge and filed with a court, a legal editor may add a headnote to the decision. A headnote is normally prepared by an editor employed by a publisher. 

The main purpose of a caselaw headnote is to save a searcher time in finding a point of law. A headnote should be an index to a judicial decision. For example, a headnote can serve a searcher so that only a portion of long decision has to be read.

Comment and opinion should not be part of a headnote.

What are the elements of . . . [more]

There is no doubt that residents of rural communities in Canada face greater access to justice limitations than their urban dwelling counterparts. In the last column we explored one such limitation, being reduced access to legal advice and legal advocacy due to a comparatively smaller number of lawyers practicing in rural areas. As we discussed, this is a trend that is forecast to get even worse in the near future. In addition to challenges in regards to legal advice and legal advocacy however, rural communities face additional challenges in another important access to justice factor, that being access to legal . . . [more]

How much should you charge for your work? That’s a tough call for any lawyer to make, which is one of the reasons many of us default to a billable-hour system that we know doesn’t really reflect value delivered. So here’s one way to solve that problem: let your client decide how much to pay you.

In case you think that’s ten kinds of crazy, you should know that that’s exactly what UK firm CMS Cameron McKenna is doing. The 300-lawyer firm is making this and similar suggestions the centerpiece of a new marketing campaign that highlights its alternative fee . . . [more]

In June, Hicks Morley launched its first external blog, “Human Resources Legislative Update”. The blog replaces a monthly newsletter on legislative changes in human resources law that was sent to clients by email and posted on our website. The downside of the newsletter format was that by the time it was published, it was often already out of date due to the frequency of legislative changes and updates. We needed a time-sensitive solution that was accessible 24/7 to our legislative writers, provided a quick and easy publishing solution and gave readers the ability to ask questions or leave . . . [more]

Your first high tech trial need not be an ordeal. With a little will power, ingenuity and preparation you can successfully launch your litigation into the late 20^th century.

Start with a little mental preparation. Tell yourself (repeatedly if it helps) the one universal truth about courtroom technology: IT IS NOT ROCKET SCIENCE. If your confidence needs a further boost reflect on how well you mastered other first encounters with technology: riding a bike, driving a car, resetting the clock on your VCR. If you succeeded in at least one of these struggles you are ready for courtroom technology.  . . . [more]

Much to the chagrin of the museum crowd, the last few years has seen a steady degradation of the term “curate.” A recent New York Times piece noted that the term “has become a fashionable code word among the aesthetically minded, who seem to paste it onto any activity that involves culling and selecting.” In this sense, everyone perhaps is a curator. 

Now, as stimulating as an etymological debate on the word “curate” undoubtedly would be (e.g., Florida still uses the phrase “probate curator”), I’m not really interested in doing it here. I raise the issue because I am . . . [more]

[Written with Bradley Albrecht]

Since 1998, the Canadian Forum on Civil Justice has developed a number of online resources and databases which are designed to increase understanding about the civil justice system, and ultimately to improve access to civil and family justice. My last article focused on the Inventory of Reforms, which, alongside our Clearinghouse, is designed to provide greater access to information on the civil justice system and civil justice reform initiatives.

In all of our work at the Forum we have found that there is a real need to promote a stronger shared understanding and . . . [more]