I recently started my own practice. There’s a lot to do and a lot to think about—but seeing as I practice in the area of professional responsibility, one of my foremost concerns was ensuring my new firm would comply with Law Society requirements.

From my recent experience, here are five things to think about from an ethics and professionalism perspective if you are opening your own firm or solo practice:

1. Transferring clients: If you are leaving a firm, discuss which (if any) clients you wish to bring with you as soon as possible. Importantly, you cannot unilaterally decide that

Hugh Stephens, a Canadian policy and business consultant, has a new book out In Defense of Copyright. In advance of its release, he did a column on July 15th in the Globe and Mail, “Why Canada Needs Copyright Reform Now,” calling on the government to update the Copyright Act after more than a decade of reviews and proposals. I couldn’t be more supportive of both defending and updating copyright. Now does seem to be the time, and all the more so with Prime Minister Trudeau declaring that his midsummer cabinet shake up was intended to create “the . . . [more]

I hope you have been having a memorable summer. I have been pleasantly surprised by how many of my family and friends have come through and near Milwaukee. We are gearing up for the first Republican debates to be held here on August 23^rd. This debate in Milwaukee is only the first Republican debate of the 2024 presidential election cycle. Then the Republican Convention will be held here from July 15-18, 2024. That should make next summer very interesting.

Since my last post there have been more research updates from the awesome librarians at the Law Library of . . . [more]

By: Jennifer Koshan and Deanne Sowter, cross-posted to Ablawg.ca

Case Commented On: Ahluwalia v Ahluwalia, 2022 ONSC 1303 (Can LII); 2023 ONCA 476 (CanLII)

Intimate partner violence (IPV) takes many forms, all of which cause harm to survivors (who are disproportionately women and children). In August, the Minister of Justice and Attorney General of Canada declared that gender-based violence is an epidemic. However, only certain forms of IPV were subject to legal sanction historically – primarily physical and sexual abuse, although sexual assault against a spouse was only criminalized in 1983 (see Criminal Code, RSC 1985, . . . [more]

If you’ve ever taught law, you will have had to decide whether to build your course around an established casebook authored by somebody else, or from materials (cases, legislation, and articles) you’ve compiled yourself.

As a law book publisher, I’d like to make the case for teaching from a casebook; and, if you have the opportunity – contributing to one.

For one thing, when choosing to teach from a book, you’re not just making a straight choice between your own and someone else’s materials. Even if an authored casebook is the work of a single author, by the time it’s . . . [more]

Picture a lawyer. Was he a male or was she a female lawyer? Was the lawyer wearing a suit? Was the suit black or blue? Even if you’re a huge fan of the film Legally Blonde, I doubt you pictured Elle Woods in her pink suit. In the movie, Elle stuck out like a sore thumb among her more conservatively dressed classmates. This fall, as students begin their legal education, some of them will face deep insecurities and will not see themselves as lawyers. Schools can give students the space to talk about their perception of professional identity and encourage . . . [more]

The BC Family Unbundling Roster currently has over 200 Roster members across the province. The BC Family Justice Innovation Lab administers the Roster and publishes a newsletter to Roster members and other subscribers that describes helpful tips about unbundling and developments in the field.

In the August 2023 newsletter you will find details about:

1. An update on the Unbundled Legal Services Research Project Phase 2/Phase 3
2. Roster member Sonali Sharma receives CBABC Innovation Award
3. Jamie Maclaren KC honoured for his inspiring leadership including of the Everyone Legal Clinic which provides services on an unbundled basis
4. A Slaw post linking unbundling

The contentious sale of Simon and Schuster, by Paramount, to KKR for $1.62 billion, albeit for less than the $2.18 billion which, in 2020, was agreed in an agreement which subsequently failed, is a reminder both of the wealth and ambition of private equity, and the value of some publishing businesses. On a lesser monetary scale, there is no question but that Thomson Reuters’ acquisition of San Francisco-based Casetext is a significant step. Although in existence only ten years or so, in 2017, its legal research platform, CARA, was named by the American Association of Law Librarians as “new product . . . [more]

Is that all there is?
If that’s all there is my friends
Then let’s keep dancing…

“Is that all there is”, song by Jerry Leiber and Mike Stoller

Administrative law can be complicated. The Supreme Court of Canada in Canada (Citizenship and Immigration) v. Vavilov, 2019 SCC 65, tried to uncomplicate the law. Professor Paul Daly in his new book, A Culture of Justification: Vavilov and the Future of Administrative Law, outlines how well the court succeeded.

In 180 pages, he does a good job of situating Vavilov in the historical evolution of judicial review of administrative action. . . . [more]

Having a new idea or insight form in our mind feels great. Each “aha” comes with a release of dopamine that gives us a sensation of pleasure.

Unfortunately, most good ideas don’t progress beyond the initial insight. Goals, no matter how worthy, take a lot of time and resources to implement.

It can be a long and tedious process to put plans into action. It is one thing to have an idea for a book and quite another to undertake the arduous effort to write and publish it.

That is why I was excited this month to speak with lawyer . . . [more]

On August 30^th each year, the world is reminded that hundreds of thousands of people in at least 85 countries don’t know where their loved ones are, or even whether they are alive or dead. For the victims of enforced disappearance and their families, every day is the Day of the Disappeared.

The unrelenting uncertainty and anguish of not knowing the truth of what has happened to their family member is a recognized form of torture for both the disappeared and their families. The crime of enforced disappearance cuts off the disappeared from any access to legal . . . [more]

Firms need to be diligent to avoid being the victim of fraud, particularly when receiving fund transfer instructions from clients via email. The prudent advice provided by law societies and/or lawyer’s insurance when transferring funds is to verify emailed instructions through direct telephone or in-person contact. The telephone contact should be initiated by the firm by using the number on file to avoid the communications being intercepted by a fraudster.

Two recent examples highlight this importance. The Lawyers Indemnity Fund in B.C. recently reported that a firm’s diligent adherence to protocol saved them from a funds transfer fraud. When a . . . [more]