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Archive for ‘Columns’

What’s Good Enough?

What’s the best thing about Wikipedia? It’s a source that’s “good enough”. It’s an excellent way to get up to speed when all you really need is general or background knowledge. And the price point is so attractive! But would I rely on Wikipedia exclusively? Doubtful … and I certainly wouldn’t rely on it in an important situation without checking primary sources. 

Some wikis are now appearing as sources of legal information. I was fascinated to read the recent post on this site about the new tax wiki established by Professor Ben Alarie, of the U of T Law Faculty; . . . [more]

Posted in: Legal Publishing

Mentoring: Important for Men – Crucial for Women

A concern that I hear frequently from women lawyers is the lack of recognition and compensation for those partners – often women – who devote time to building up the human capital in their law firms. This includes time spent mentoring younger lawyers or working on the firm’s education, articling or associate development committees. When it comes to dividing up the partnership profits at the end of the year, it is typically only billable hours and collected revenue that counts and not time spent ensuring a stronger future for the firm. 

For many women lawyers, this is frustrating because mentoring . . . [more]

Posted in: Practice of Law

First Nations Land to Settler Land Disconnect

Unforeseen circumstances have landed me in Campbell River, British Columbia for a few days. I’m trying to make the most of this detour by taking in whatever Campbell River has to offer. One of my better-spent days included a visit to the Campbell River Museum which has substantial displays devoted to the First Nations of the region, their history, material culture, place names, stories, and the colonization attempts by the Spanish and British. I know in general terms how that turned out – the British were the successful colonizers. And I know all to well what that meant for First . . . [more]

Posted in: Justice Issues

Authentication and Trust – Some Preliminary Thoughts

Before giving legal effect to any piece of information, people want to know whether the information can be trusted. What is this information? Where does it come from? How sure must they be of the answers to those questions?

At a basic level these are not even legal questions. They are not addressed particularly to the content of the information, though the content can help answer them. They are about the medium and not the message. They are questions of authentication.

Authentication questions apply to information in any form and in any medium. Electronic documents do not need ‘more’ or . . . [more]

Posted in: Legal Technology

Nostalgia and the Internet

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

. . . [more]
Posted in: Legal Information

The Disappointment of Data

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]

Posted in: Practice of Law

Outsourcing Legal Information

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]

Posted in: Legal Information

Question-Able Marketing

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]

Posted in: Legal Marketing

Outlook – the Personal Productivity Tool

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]

Posted in: Legal Technology

The Anatomy of a Headnote

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]

Posted in: Legal Publishing

Technology and Access to Justice in Rural Communities

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]

Posted in: Justice Issues

Letting the Clients Decide

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]

Posted in: Practice of Law

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