The two leading Canadian legal publishers, Carswell Thomson and LexisNexis Butterworths, have something in common – both face a major challenge for continuing relevance in the Canadian market. Interestingly enough, the real challenge does not come from each other, but from free services and technological advances, and increasingly from small but nimble legal publishers committed to the delivery of high quality competitively priced products. How each of them responds to this challenge will determine their ultimate role as providers of legal information in the Canadian legal market.

Meeting the challenge has been made more difficult because of the unrealistic expectations . . . [more]

(or, how I used the G20 to my advantage)

The G20 was probably the biggest news story in Canada for at least a couple of days in June, and certainly for a longer period in Toronto. The preparations by the organizers of the summit were echoed by those of us living and working in the downtown. As we drew closer to the arrival of the world’s leaders, it became increasingly clear that Business As Usual was not an option. The clear message from the organizers was to stay clear of the downtown core if you possibly could. Hatches were battened, . . . [more]

To market successfully, you need to speak the language of your target audience. To do that, you first need to identify who you’re targeting. Many lawyers make the mistake of trying to target too broad an audience. The result is a watered down message that doesn’t really speak to anyone.

The first step in creating a marketing strategy is to explore your current client base and identify the clients with whom you work best and bring the most value to your firm. Next, you’ll identify those clients with whom you do not enjoy working, and ascertain the characteristics of ‘undesirable’ . . . [more]

About a month ago, I gave up my private practice to accept a position as in-house counsel. It posed an interesting challenge, both logistically and professionally. Logistically in the sense that I now had an office full of furniture, files, equipment and knick-knacks that had to be either dispersed or stored, and professionally in that my new employer’s industry (mining services) was almost completely foreign to me. 

It turns out that both the logistic and professional challenges are proving a bit easier to manage than I had initially thought (which is certainly a relief). However, some new issues are arising . . . [more]

One of the most wrenching questions in environmental law is who should pay for historic contamination which was legal at the time. There is no moral difficulty in holding today’s polluters responsible for the consequence of their acts. But historic contamination, the unintended result of perfectly lawful conduct, is different. Inco has been ordered to pay $36 million in damages for lost property value, after 2000, due to nickel emissions before 1984 that were legal at the time: Smith v. Inco 2010 ONSC 3790

Is this just?

The rule of law is an essential part of the fundamental bargain that . . . [more]

In my experience, lawyers as a whole are not overly enthused about talk of brands and branding. If you must focus time, thought, money or all of the foregoing on a marketing effort of some kind, most would prefer to spend it on something distinctly more tangible – hosting a seminar perhaps, or taking clients to lunch, or even organizing a client golf tournament. Anything but being locked in a boardroom with the consultant-du-jour talking incoherent marketing-speak as part of an abstract navel-gazing exercise, or being asked to foot an exorbitant bill for a designer squiggle to adorn the firm’s . . . [more]

What to do with print now that so much is online, and discussions of what’s the point of print are taking place well beyond the posts on Slaw. Working in a Legal Deposit library means I have had to take a step back, look at the issues, and accept a much more conservative approach than I might have done otherwise.

Before I start on legal deposit, I know two good reasons why print is important, and they are both to do with personal experience. Firstly, when there is an electricity blackout you cannot access the internet. Mostly this is not . . . [more]

Intriguing news from the ABA’s 2010 Legal Technology Survey Report: 14% of lawyers reported that they ran a virtual law office, working with clients over the Net and rarely meeting them in person. We thought that statistic was fairly amazing.

Though the term virtual law office (VLO) has been around for a while, the definition has been morphing. In fact, as we went to research the definition, we found a wide range of definitions many of them at odds with one another.

After comparing what we found, we settled on a definition proffered by virtual lawyer Stephanie Kimbro, who . . . [more]

In these past months I’ve been very busy facilitating the strategic planning process for a number of major firms. In every instance the firm has selected a number of well-intentioned partners to serve on their Strategic Planning Committee. And in nearly every instance I have witnessed these Committees, at some point in the process, being inflicted with one of a number of disabling symptoms of what I have come to label as ‘strategy viruses.’ Here are six of the most common:

Inside In. 

This is the tendency to focus on ‘what we do’ and not on ‘what the client . . . [more]

Let me expand on this idea: people will continue to do business with people they like. 

Seems like a pretty simple concept, doesn’t it? Yet so many people miss out on business opportunities simply because they do not come across as likeable. I’m not here to tell you to become best friends with everyone you meet, but if you present yourself as a likable person it will go along way to getting more business.

Everyday we interact with all different kinds of people from the coffee barista, to your boss or your clients. Unless you are a hobbit, you will . . . [more]

In mid-June Irwin Law held a book launch to celebrate the publication of The Lunatic and the Lords by Hon. Richard Schneider. Justice Schneider, as some readers will be aware, presides over the mental health court at Old City Hall in Toronto. His book is an account of the 1843 trial of Daniel M’Naughten for the murder of Edward Drummond, secretary to Prime Minister Sir Robert Peel. The verdict of not guilty by reason of insanity was so controversial that Queen Victoria ordered the House of Lords to review the verdict. The result of this review was the ‘M’Naughten Rules’ . . . [more]

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]