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Archive for the ‘Practice of Law’ Columns

Am I Just a Husky by Nature? Determining if You’re a Work-Based Person or Workaholic

As a child living in remote Northern B.C., my dad had a dog sled team made up of several Siberian Huskies. Huskies are working dogs prized for their strength and endurance. They require significant exercise and mental stimulation. A Husky without a task is easily bored and can be destructive. In the summertime, my dad would harness his dogs to a small cart to keep them occupied and happy. Without their cart, they would howl their displeasure.

I’m afraid I might be a Husky. I love to work. I love setting tasks and completing them, whether I’m paid for it . . . [more]

Posted in: Practice of Law

No Half Measures: Four Big Ideas in Ontario’s Civil Rules Review

Ontario’s Civil Rules Review Working Group has proposed the most comprehensive reform of Ontario’s Rules of Civil Procedure since their introduction in 1985. The Consultation Paper released in early April weighs in at 122 pages, with recommendations affecting every major element of civil litigation within the province.

The Working Group’s overarching goal is to get “all cases heard within two years.” This is certainly not unambitious, given that the status quo average is between four and five years. Quicker times to disposition, the Working Group hopes, will generate lower legal bills and better access to justice.

There seem . . . [more]

Posted in: Legal Ethics, Practice of Law

Fearless: A Required State of Being

The global legal services market needs optimistic contrarians: strong people who think fast and clearly, and whose actions are decisive and fearless. Their power needs to be united, harnessed, and used for good.

The legal services sector has always had a reputation for being tough. It’s getting tougher by the minute and unlikely to let up.

While disruptive factors are many, the three most daunting are:

  • Accelerating advances in generative artificial intelligence that are usurping service-oriented tasks and upending how various types of legal work get produced and priced – all of which is impacting traditional law firm pyramid structures
. . . [more]
Posted in: Legal Marketing, Practice of Law

The Wellness Lawyer: “Thawing Out”

As we start to come out of the winter season, I thought it was important to remind everyone that at times, there are friends and colleagues who are having a harder time shedding the heaviness of the dark winter months.

Recently I watched a commercial, where a man is sitting quietly at a football game in the midst of cheering and laughter from everyone around him. Let’s call him John. The person in the next seat, let’s call him Adam, is cheering loudly and tries to encourage John to participate and enjoy the game.

The action progresses to show that . . . [more]

Posted in: Practice of Law

Ontario Civil Rules Reform – the Good the Bad and the Ugly

Renowned for its dysfunction, the leadership of the Ontario Superior Court deserves some credit for belatedly admitting the court to be in crisis. Acknowledging the need for bold, fundamental reforms it tasked the Civil Rules Working (Working Group) with identifying ways to reduce complexity, costs and delays and stated that “minor amendments (to the Rules) would be insufficient.” Despite that mandate, the Working Group in their Phase 2 Consultation Paper has proposed implementing further rules and procedures, changing a handful of existing Rules and rearranging the balance. One step forward, two steps back.

Handicapping the Working Group

Initially, the Working . . . [more]

Posted in: Justice Issues, Practice of Law

Time for an NDA Redesign: Airbus’s Approach to Startup Partnerships

Listening to Season 29 of Wondery’s Business Wars, it’s clear that AIRBUS is outpacing its competition. Several factors contribute to AIRBUS’s dominance, but one stands out: its corporate culture of innovation[1] extending even to its legal and procurement teams. As of at least 2015, AIRBUS has a “contract innovators team” that seeks to improve contract digitization and procurement.[2]

A few years ago, this multinational aerospace corporation took an innovative approach to its non-disclosure agreements (NDA) (I can imagine the eye rolls and sighs but trust me—this NDA is different. Keep reading).

The Role of NDAs in Business

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

Putting Your Money Where Your Mouth Is: Examining Financial Incentives in Dental Services

A few weeks ago, I went to the dentist for the first time in years—thanks to finally having work benefits. I expected a routine cleaning, some X-rays, and maybe a reminder to floss more. Instead, the appointment took an unexpected turn when the dentist launched into a sales pitch for Invisalign.

At 29, with relatively straight teeth, I’d never been told I needed any kind of teeth straightening. Yet, almost immediately, I was shown an AI-generated “after” image that looked nearly identical to my current teeth. The dentist admitted the difference was minimal but claimed it might help protect my . . . [more]

Posted in: Justice Issues, Practice of Law

CanLII’s Support for the Rule of Law

The Rule of Law is like the oxygen in the air: we don’t notice it until we are having trouble breathing. Today, we watch as Americans struggle to breathe as the Rule of Law is under threat. It is time for all Canadian legal organizations to take stock and reinforce our protections of the Rule of Law.

Here in Canada, most Canadians likely either do not know or may not appreciate the role that CanLII plays in maintaining the Rule of Law in our country.

In the Quebec Secession Reference (1998), the Supreme Court of Canada identified the Rule of . . . [more]

Posted in: Justice Issues, Practice of Law

Walking a Frayed Tightrope in Lawyer Self-Regulation

If you had asked both a Canadian and an American, in the last several weeks, “What do you think about the mess at the country’s largest legal regulator?”, you would’ve had two separate conversations about two separate messes, which together speak to a single big problem for lawyer self-regulation.

The Canadian would assume you were speaking about the March dismissal of Law Society of Ontario CEO Diana Miles, following the submission of a confidential report to the LSO’s Board of Directors (Convocation) from a retired judge into a significant and unapproved salary hike arranged without the knowledge or approval . . . [more]

Posted in: Practice of Law

Creating Stability in Uncertain Times – With the SCARF Model

One of the most uncontroversial openings to this article I can offer is this: we are in uncertain and stressful times. Trade war? Check. Measles on the rise? Check. AI bringing untold and unpredictable change to the world? Check.

When surrounded by change and uncertainty the best advice I can offer is take hold of what you can control of your life and engage with what you can influence.

I can control the topic of my SLAW article this month and I am choosing to use this podium to encourage law firm partners to grasp hold of what you can . . . [more]

Posted in: Practice of Law

Building EQ With Therapeutic Communication

In my last post, Reconciling the Need for Empathy with Low EQ, I stressed the importance of empathy for effective communication. Empathetic lawyers can understand their client’s emotional state and perspective, allowing them to tailor their communication style and explain legal jargon in a comprehensible way. This results in higher client satisfaction and likely less errors.

Strong emotional intelligence is needed to be an empathetic communicator. However, studies show that many lawyers, me included, don’t naturally have high emotional intelligence. This is a skill that can be learned and honed, but how exactly?

In my quest for self-improvement I’ve . . . [more]

Posted in: Practice of Law

The Wellness Lawyer: “ABRACADABRA”

Seeing the title of this article, you may all think that maybe I am made a mistake regarding the topic. However, please let me assure you that this is not a mistake and with your indulgence, I will explain.

When my youngest child was a toddler, I had a hard time teaching her to say “thank you.”

Every time I would give her something and then ask: “what’s the magic word?” she would respond “abracadabra.”

This was quite funny, but I had to maintain my serious mom face as I did not want to raise a person who was not . . . [more]

Posted in: Practice of Law