Canada’s online legal magazine.

Archive for the ‘Practice of Law’ Columns

The Law Firm Private Equity Puzzle

Unprecedented market conditions are forcing law firms to choose if and how they meet demands of clients and the legal market itself with private equity being a major and, in many cases, deciding factor in enabling solvency and structural reformation.

My opinion column, The Law Firm Pyramid Rollover, that examined how artificial intelligence, pricing, and transience of the legal service sector’s workforce is causing the traditional law firm pyramid structure to rollover like an upending iceberg sparked two strong and opposing reactions: One was numerous republishing requests, reposts, and commentary while the other was dead silence.

The former . . . [more]

Posted in: Legal Marketing, Practice of Law

You Are a Loose-Fish and a Fast-Fish

Melville’s Moby Dick, which fell flat out of the presses and was out of print in 1891 when he died, was thankfully revived 70 years later in the 1920s for it gave us access to not only one of the best books ever written, but a legal theory that will stand the test of time, that is, that possession is the whole of the law. How can this be so? By virtue of two simple principles:

I. A Fast-Fish belongs to the party fast to it.

II. A Loose-Fish is fair game for anybody who can soonest catch it. . . . [more]

Posted in: Practice of Law

Healthy Communication Boundaries in a Connected World

Two recent events in my professional life have me thinking (and worrying as is my nature) about the push and pull we lawyers experience when communicating with clients. In an increasingly connected world, how do we balance our obligation to respond in a reasonable timeframe with the client’s expectation to receive frequent and immediate responses via text or instant messaging?

The first event is the launch of the Public Concerns Pathway (PCP) from the Law Society of Saskatchewan. I was the Knowledge Engineer on this project that provides the public with clear information about common concerns with legal professionals and . . . [more]

Posted in: Legal Information, Practice of Law

The Wellness Lawyer: “Running Away”

Have you ever felt like running away?

In the middle of doing work or going through a stressful moment, you imagine how wonderful it would be to just go somewhere far away. Perhaps the image of a desert is something that you are imagining now as you read this. No one to bother you; just you, the ocean, white soft sand, and maybe someone to serve you a delicious meal?

Escaping the moment that is causing us stress or anxiety is something that the mind does in order to cope. When we go on vacation, we are giving our minds . . . [more]

Posted in: Practice of Law

At the Table With Logic and Spirit: a Conversation With Katherine Reilly, Author of Legally Zen

When I sat down with lawyer and author Katherine Reilly to talk about her new book Legally Zen, I surprised her by starting at the end. It felt right: the final chapter is where she introduces the idea that has stayed with me most—the concept she calls “Gen Zen.”

Reilly is not the stereotype of a mystical explorer. She is a senior civil litigator with almost twenty years in practice: formerly a partner at a national law firm in Vancouver, later counsel with the Ministry of the Attorney General in Victoria, and now back in private practice. She has . . . [more]

Posted in: Practice of Law

The Second Voyage: Explore the World’s First Legal Design Journal

In just a few weeks, the Legal Design Journal (the LD Journal)[1] will launch its second edition. Published online and free via open source, the journal is gaining in popularity and success since its maiden voyage in June of 2025.

Unlike some open-access academic journals, the LD Journal does not charge its authors publication fees or its readers a viewing/downloading fee – it is known as “diamond open-access”.

The LD Journal is the first of its kind. An academic journal that connects academics and practitioners of legal design by combining three separate elements: articles, a studio showcase, and . . . [more]

Posted in: Practice of Law

A Court Divided: What an Ontario Court Motion Reveals About Race in the Courtroom

In a bizarre procedural twist, the Ontario Divisional Court issued two contradictory decisions on consecutive days in the same case. Two written motions for leave to intervene in Dosu v. Human Rights Tribunal of Ontario was sent to two different judges – Justice Sharon Shore and Justice Shaun Nakatsuru – who rendered opposite rulings. Justice Shore dismissed the would-be intervenors; the next day, in a separate ruling, Justice Nakatsuru granted them intervention, setting the stage for what appears to be an embarrassing judicial outcome for the court.

The anomaly in the motions outcome – essentially a legal coin flip yielding . . . [more]

Posted in: Justice Issues, Practice of Law

Major Changes Coming to Canadian Lawyer Licensing

Transformative change is underway in the Canadian lawyer licensing system. Two of the country’s largest law societies have signalled the impending end of high-stakes, multiple-choice legal-knowledge exams as the primary test of lawyer licensure.

In Ontario, a September report from the Law Society of Ontario (LSO)’s Professional Development and Competence Committee proposed that the current multiple-choice barrister and solicitor exams be replaced with a “mandatory skills-based course with assessments for all licensing candidates.”

The committee identified a lengthy list of problems and challenges associated with the written exam system, including:

  • Written exams fail to assess core practice skills like interviewing,
. . . [more]
Posted in: Practice of Law

The Law Firm Pyramid Rollover

Artificial intelligence, pricing, and transience of the legal service sector’s workforce will cause the traditional law firm pyramid structure to rollover like an upending iceberg. The result? By 2030, global legal services will operate much differently than they do now.

Twin juggernauts – AI and Pricing – compounded by continuing transience of the legal service sector’s workforce will take a major toll on law firms unprepared for their impact. This reckoning will upend the traditional pyramid structure with the result being that by 2030, the global legal services sector will operate much differently than it does now.

The countdown clock . . . [more]

Posted in: Legal Marketing, Practice of Law

The Legal Design Summit 2025 & BrainFactory – a “Re-Up”

After ten hours of flying, an eight-hour layover, a seven-hour timezone change, and one missed flight, I finally made it to my second Legal Design Summit in Helsinki. In 2023, I reluctantly left Helsinki after buzzing with excitement about the like-minded community I had just met and the interesting work being done across the globe to improve access to justice using legal design techniques. The momentum of the event had been fueling my professional interests and writing over the last two years, but it was time for a “re-up”.

After its 2024 hiatus, the Legal Design Summit was back this . . . [more]

Posted in: Practice of Law

The Wellness Lawyer: “In the Interest of Justice”

There is a story about a business owner, we will call him Joe, who hired two people to help him unload large barrels of wine.

The wine was very expensive and he specifically instructed the workers to be very careful.

Unfortunately, as happens in life, one of the workers slipped as he was unloading the barrel and it cracked, spilling all the contents on the ground.

Joe was very angry. He told the workers that he will sue them for damages if they don’t pay him for the now unusable wine.

The workers were very poor and they begged Joe . . . [more]

Posted in: Practice of Law

Clean Hands

It transpired, on the cusp of partnership, that one of the lawyer’s junior associates arranged a meeting with a CEO of a tech startup and presented an irresistible synergy.* The startup was a match for a client, a deep-pocketed conglomerate on the lookout for an investment. A buy-out of the startup would rocket the client’s value on the market and establish the lawyer as the go-to man for equity financing, credit facilities, a corporate governance overhaul, an IPO, and produce corresponding billings. Such a catch would net him first partnership, then power dwarfing the law firm itself and finally propel . . . [more]

Posted in: Practice of Law

3li_EnFr_Wordmark_W

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