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Archive for ‘Columns’

Fair [And Educationally Sound] Dealing
in Canada’s Proposed Revisions to the Copyright Act

On June 2nd, 2010, the Canadian federal government introduced a new copyright bill intended to “modernize Canadian Copyright law,” as Tony Clement, Minister of Industry put it in the press release. I want to join the healthy welter of blogging around this latest attempt to “modernize” our act. Now before you read any further, let me say that the one to read in these matters is Michael Geist, especially as he is all over the most draconian aspect of this new bill, namely how the digital lock provisions trump all other rights.

For my part, I want . . . [more]

Posted in: Legal Publishing

The State of Digitization of United Nations Documents

Almost two decades have passed since the United Nations began digitizing its documents. The UN started the Official Document System (ODS) as a pilot project in 1992, and officially launched it in 1993. Since then, there has been an explosion of UN documents and publications available in electronic format from a variety of sources, for free and via subscription. I recently checked the current status of UN documentation online, and here’s what I found. And what I expected to find, and didn’t. And some worrisome developments.

Discovery Tools

UNBISnet, the UN Dag Hammarskjöld Library bibliographic information system, indexes e-versions . . . [more]

Posted in: Legal Information

The Quiet Canadians

I read the quote more than a month ago and I still can’t quite get it out of my head. It appeared in a brief item by Julius Melnitzer at the Legal Post blog, and I’ll take the liberty of reproducing it in full here (emphasis, as they say, added):

Pfizer, whose general counsel has created the Pfizer Legal Alliance to manage its external counsel relationships, has brought the concept to Canada, and is seeking bids from Canadian firms. The pharmaceutical giant has limited its US representation to 19 firms, which may indicate that it is looking for only

. . . [more]
Posted in: Practice of Law

Robot Law

Bizarro robot cartoon

Lawyers have not been thinking about robots as long as cartoonists, science fiction writers (Isaac Asimov’s Robot series being perhaps the best known) or engineers (Geoff Simons, Are Computers Alive? Evolution and New Forms of Life 1983 – but see P. Sw irski, “A case of wishful thinking”). A political scientist anticipated some legal issues in the early 1980s (S.N. Lehman-Wilzig,””) notably about potential criminal liability that future technology would threaten.

However, we have been catching up in the past ten or fifteen years. This column is a partial survey of some of the interesting questions . . . [more]

Posted in: Legal Technology

Are Younger Lawyers Willing to Work as Hard as Partners?

One of the most common complaints I hear from partners – especially those in the boomer generation – is that younger associates today are not willing to work as hard as partners. This leaves many partners frustrated at not getting the support they need and working even longer hours to ensure that the client’s work is completed on time.

When I talk to younger lawyers about this, they are equally frustrated by what they see as unreasonable demands from senior lawyers and a lack of acknowledgement about how hard they are working. So what is contributing to this generation gap? . . . [more]

Posted in: Practice of Law

Evolution of Bilingual Judgments in New Brunswick

Maritime Law Book is proud to have been part of the development of the only provincial bilingual law reporter in Canada. Namely, the New Brunswick Reports (2d).

Here is how that development took place. 

New Brunswick has a population of approx. 750,000. And approx. 35% of New Brunswickers speak French as a first language.

In 1969 New Brunswick enacted its first Official Languages Act, making it Canada’s first and only officially bilingual province.

In 1969 the province’s statutes, regulations, by-laws, etc., were in English only. In the courts, pleadings and trials, both civil and criminal, were in English only; in . . . [more]

Posted in: Legal Publishing

Tips & Myths of Web Usability

What makes a website a great experience from an end user’s perspective? This topic was recently discussed at a meeting of legal knowledge managers in Toronto where Kerri McKenna from imason and Heather Ritchie from McCarthy Tétrault shared some excellent tips and challenged some myths. Most of the tips are common sense, with the key to web usability being consistency – within the site itself and with web design standards and conventions.

One of the best tips is to maximize the use of white space between paragraphs and in the left and right margins which makes the site easier to . . . [more]

Posted in: Legal Marketing

The Transformation of eLawyering

I’m a member of the eLawyering Task Force of the American Bar Association. Our purpose is to promote practising law over the Internet. When I joined in 2004, we were a marginal group within the ABA. Things have changed. Our e-mail discussion group has over 120 members. We have had people attend our teleconferences from as far away as New Zealand. A member of the ABA Board of Governors attended our most recent meeting in Las Vegas. And in the past year, co-chief Richard Granat has been profiled as a “Legal Rebel” in a recent ABA Journal series . . . [more]

Posted in: Legal Technology

A Little Light Weeding

Info, info everywhere, nor any place to shelve. (With apologies to Samuel Taylor Coleridge and The Rime of the Ancient Mariner.)

In a library, information overload can mean a physical overload as well as mental. Reporting series, annual statutes, conference papers all take up shelf room; how do you know what to keep and what can safely be turfed? One of my colleagues recently called and asked if I kept a particular item on my shelves. No, I didn’t, since it was officially available online. After all, shelves do eventually fill up, and if some other organization is willing . . . [more]

Posted in: Legal Information

Demographics and Justice in Rural Canada

The economic sustainability of small communities and rural areas in Canada is of serious concern to those working in government, the private sector and the general public alike. In recent years small communities have undergone significant changes that threaten their future viability, including considerable job loss due to the decline of primary industries and migratory patterns that see increasing numbers of young rural Canadians relocating to urban centres. While public attention tends to focus on employment issues facing industries such as forestry, mining and agriculture, small communities across Canada are also facing serious challenges in regards to the attraction and . . . [more]

Posted in: Justice Issues

Living With Imperfection

I’m a litigation lawyer who practices in Calgary. I was called to the bar in 1997 and I have practiced at two firms in two different provinces. I’m also a board member of the Canadian Bar Association’s Legal Profession Assistance Conference, Saskatchewan’s Lawyers Concerned for Lawyers, and Alberta’s Lawyer Assist Program. I know of many individuals who have a better work-life balance than I do.

I’m told work-life balance is properly understood to be a healthy prioritizing between “work” (ambition and career) on the one hand and “life” (family, pleasure, and leisure) on the other. My failings at achieving a . . . [more]

Posted in: Practice of Law

Everything Old Is New Again – Legal Publishing in the Spring of 2010

Publishing trends are not working in favour of the major legal publishers and their recent financial performance confirms this to be the case – revenue is down and staff cuts and outsourcing have replaced publishing as the primary means of maintaining profit margins.

The end of growth

It is a fact that legal and regulatory information is no longer seen as an area of growth and expansion for the multinationals. All three major legal publishers have reported lower publishing revenues while still holding out the prospect of a return to growth in future years. Is it a realistic expectation? Do . . . [more]

Posted in: Legal Publishing

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada