In an earlier column I noted that we use the idea of justice in two different ways. According to the first, to call something just is to praise it morally and to call it unjust is to condemn it. This, the general sense of justice, does not signal any particular grounds for praise or condemnation: ‘just’ is little more than a thumbs-up, ‘unjust’ a thumbs-down. But we also use ‘justice’ in a second, more specific, way, to pick out a particular virtue that arrangements might have or lack. This is what Justinian’s Digest has in mind when it tells us . . . [more]

There is a commonly held myth that the gender gap in partner compensation is due to women billing fewer hours and spending less time on client development due to their greater responsibilities at home. This myth has been exploded in a recent study [PDF] published by The Project For Attorney Retention and sponsored by the ABA Commission for Women in the Profession.

Amongst other findings, the report states that factors that work against women partners include the lack of women on compensation committees where bonuses and compensation criteria are set; the lack of transparency around compensation criteria; the lack of . . . [more]

Does your firm have a marketing plan? When was the last time it was reviewed? How well do you follow your marketing plan? You’re not alone if your marketing plan is collecting dust in a drawer, hidden somewhere on your firm’s server, or simply hasn’t been implemented effectively. But why do these plans fail so often?

Marketing is generally outward-focused, concentrating on your clients, their wants and needs and the services you provide to help them reach their goals. But in order to be truly successful when it comes to actual implementation of the marketing plan, you must look inward . . . [more]

While you were signing the paperwork for your mortgage, did a bank employee ask you to consider purchasing mortgage insurance protection? You were probably told “…it will pay your mortgage if you die…just a few medical questions… it’s inexpensive…”. While that person may have had the best of intentions, he or she probably lacked the training needed to make you aware of important contractual details and how these compare with other insurance protection options. 

Here are 3 important things you should know about most mortgage insurance policies: 

1. You do not control the benefit

In the event of your . . . [more]

To PPT, or Not to PPT (In Court), that is the question:

After my last column Lloyd Duhaime, a renowned Victoria lawyer and humourist (read his book Hear! Hear!) wrote to say how disappointed he was when he used PowerPoint (PPT) in court. The disappointment came when the judge raced (as in read) ahead in his PowerPoint thus missing Lloyd’s no doubt persuasive submissions.

This highlights the downside of PowerPoint: it is not a good medium to carry a text message.

Well to all the Lloyds’ out there, here’s how you can use PowerPoint successfully: CUT THE TEXT!

Use PowerPoint . . . [more]

In my last column, I talked about staffing the marketing department and deciding whether you need to “rent or buy”. Almost any marketing function can be outsourced if attention is paid to maintaining relationships, but being clear about expectations is important from the outset.

The first step in getting the most out of a marketing consultant or agency is to be clear about why you’re hiring them. Law firms usually bring in outside marketing help for one of four reasons:

• Something needs to be done, but you’re not sure what 
• You know what needs to be done, but you don’t

In conjunction with the release of his latest autobiography, The Fry Chronicles, Stephen Fry has produced a rather unique interactive iPhone app titled myFry. What really catches your attention about it is the app’s navigation system:

When I first saw it, I was immediately struck by its beauty. Its functionality, however, remained something of a mystery to me. The designer of the app, Stefanie Posavec, writes:

The app functions as a ‘visual index’ of key theme tags within the book, which have been divided into 4 major groups: People, Subjects, Emotions, and Fryisms (metaphors, similes, word play,

In Friends of the Earth – Les Ami(e)s de la Terre v. Canada (Governor in Council) 2009 FCA 297 [leave to appeal dismissed 2010 CanLII 14720 (S.C.C.)] , the Federal Court of Appeal let the Canadian government get away with open defiance of a statute of the Parliament of Canada,the Kyoto Protocol Implementation Act, 2007 (KPIA).

According to the federal government, its defiance is no business of the courts, because the obligations in the KPIA are “not justiciable”. The Federal Court of Appeal agreed, but with the thinnest of justifications.

This country signed and ratified an international convention on the . . . [more]

My experience in private practice – and from my conversations with other sole practitioners in smaller markets, it was a common one – was that it was, at times, a roller-coaster. Billings were often feast or famine. To compensate, lawyers can develop a thick skin when it comes to dealing with difficult clients. Our tolerance level went up just for the sake of regular billings.

Another experience that I occasionally enjoyed – and again, from my conversations with other sole practitioners in smaller markets, it was a not uncommon one – was that it was good to terminate the relationship . . . [more]

Like many of my North American colleagues, I keep up with new law journal articles by subscribing to alerts from Current Law Journal Content (CLJC), the free table of contents service published by the Washington & Lee School of Law Library and the University of Texas Tarlton Law Library. Particular characteristics of certain of the commercially published law journals indexed in CLJC have recently puzzled me: the practices of these journals seem out of step with today’s norms for distributing metadata and content of scholarly and professional articles. Here’s what I’ve seen:

• Many of the articles in these

Equal access to a civil and family justice system that can uphold rights and fairly and effectively resolve disputes is a fundamental and far-reaching component of democratic societies. It influences our lives every day via contracts and credit situations, the ownership and distribution of property, family relationships and their breakdown, personal injury, benefit entitlements, human rights, and various corporate arrangements.

At the most basic level, the civil justice system exists to provide people with access to knowledge about their rights, and if necessary to a means of enforcing them (Civil Justice Advisory Group, 2005, p.20).

Although the civil . . . [more]

Ever feel like you were falling behind in all the important areas of your life? As the pace of work shifts into high gear in September it is all too easy to get trapped in survival mode – just working to make it through each day and pushing aside your own personal priorities and objectives. 

I have had many lawyers tell me they feel they are failing at both their jobs in life – as parents and as lawyers. These professionals are men and women from different firms and different parts of Canada. One thing I know for sure is . . . [more]