One of the main reasons to choose arbitration is that parties want a decision that’s final and binding. Until they lose. Then they want a court to give them a do-over to fix the arbitrator’s terrible mistakes.

Two recent decisions by the Courts of Appeal in British Columbia and Ontario remind us that the parties should get what they bargained for, “final” means final, and courts should not intervene except in exceptional situations.

In Spirit Bay Developments Limited Partnership v. Scala Developments Consultants Ltd. (2022 BCCA 407) the B.C. Court of Appeal said the court should not intervene, even . . . [more]

In 2011, the TALL Quarterly published a brief article authored by John Bolan, Public Services Librarian at the Bora Laskin Law Library (University of Toronto). The article addressed the burgeoning open access movement for scholarly literature generally, with a focus on the lack and lag of open access literature within the discipline of law and potential areas of growth in the field. Bolan wrote, “As befits the field of law, there are, however, exceptions to the exceptions that are worth noting.” With more than 10 years since Bolan’s article was published, this post reviews the exceptions highlighted as potential areas . . . [more]

A new American case, Upsolve v. James, suggests that freedom of expression might protect the right of non-lawyers to offer legal advice.

In both Canada and the USA, lawyers have a near-monopoly on legal advice. If anyone tells someone else how the law would apply to their circumstances, the first person is probably deemed to be “practicing law.” That is something that only lawyers are allowed to do.

There are a few exceptions. In Ontario, for example, (i) licensed paralegals acting within their scope of practice, (ii) people giving occasional advice to friends or family, and (iii) employees of some . . . [more]

Marketers can move very quickly, embracing change, and often need to drag lawyers kicking and screaming. There are a number of trends that have evolved over the past few years that continue to have prominence in the industry. Firms that embrace them are moving further ahead of the rest.

1. Content marketing
   This is still a great way to get your name out and the benefits are many. However, if your clients don’t have time to read long case updates, give them a short highlight video instead.
2. Social
   Use social as a client retention tool, highlight what your clients are doing

“Look to your left; look to your right. Only one of you will be here in a few years’ time.” I’m not the first Slaw columnist to be skeptical that that phrase was ever directed at first-year law students in this country. And based on my own experience, it’s nonsense: About 95% of my first-year class at Queen’s Law in 1990 graduated three years later. Getting out of law school isn’t the hard part; getting in is.

But the myth’s perniciousness points to a fundamental (and I think deeply flawed) feature of law school: its competitiveness. From Day One, . . . [more]

Law is a unique and important dataset: to a large degree it is a record of governance. It also tends to be conservative, so people can know what is likely to happen in the future based on what has happened in the past. Structurally, it has elements in common with other large text-based collections, such as aggregations of literary works. However, socially it has more in common with other high stakes bodies of information like medical research, with concerns like privacy and direct impact on people’s lives being necessary considerations. These attributes combine to make law as data a strange . . . [more]

Artificial intelligence has been in the news since late last year when OpenAI released ChatGPT, a large language model machine learning chatbot that provide surprisingly good responses to questions. This system can write essays, draft legal documents, and produce computer code.

To get a sense of the potential, consider Canada’s citizenship test. Applicants for Canadian citizenship must pass an online multiple-choice exam with questions about Canada’s history, geography, economy, government, laws, and important symbols. The government maintains a study guide to help applicants prepare, and many organizations, including the Toronto Public Library offer online practice questions. . . . [more]

While I help law firms deal with a myriad of issues, the top focus of my consulting advice in 2022 had to be Associate churn. So, here’s a two-part post on this issue. First, I want to speak to Associates who are considering leaving their firm. Next, I’ll speak to law firms about how to create conditions that will lesson Associate temptations to leave.

Last year I wrote an article for SLAW called “When Should You Leave” to help Associates understand when it makes sense for them to move firms. But today, I want to talk about why . . . [more]

The Authors Are Detox Veterans

While that heading might seem a little silly, it is absolutely true that fighting digital addiction is a true battle. It took us a long time to realize how deep our addiction was – and winning our battle against the “drug-like” compulsion to be online was not an easy victory.

So . . . if you know you need a digital detox, we hope that what follows with be useful to you. And take heart, there are many of us who have now graduated from addiction to a MUCH healthier way of living!

The History

The use of generative AI to produce text and image has raised many questions about how the law of copyright applies to these systems. There are two important aspects of these tools which implicate copyright: i) using training data obtained from third parties; and ii) the authorship and ownership of the output.

Generative AI typically refers to the use of artificial intelligence systems to produce text or images based on prompts or other inputs. Some popular examples are the DALL-E image generator and the ChatGPT chat system both from OpenAI.

In Canada, copyright is governed by the Copyright Act and . . . [more]

What is the best way to begin a first mediation session? Some mediators start with a joint session (where the parties and their lawyers, if any) are present. Others prefer to begin with caucusing (meeting with each party, and their lawyer, separately). Research in the U.S. indicates that this divide is widening with more mediators using a caucusing approach to open discussions.

But WHY is this happening? To date, there has been little empirical research into this important topic.

The good news is that Art Hinshaw and Roselle Wissler (both of Arizona State University) have recently reported on a large . . . [more]

Whether ‘tis nobler in the mind… never mind. You get where I was going with that. And I thought my English degree would never be useful.

I’ve had several recent strategy consults with lawyers about opportunities to merge their small firms with other firms – some small, some quite large. It’s a tough decision with lots of pros and cons to sort through. I thought it might be helpful for folks considering a merger to set out some pieces of how I run the analysis.

Reasons to Merge

When I talk to lawyers about why they are considering merging, there . . . [more]