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Archive for the ‘Practice of Law’ Columns

The Wellness Lawyer: “How Are You?”

How many times have you asked someone , “ how are you?”

Similarly, how many times have you been asked the same question?

If we think about this, the question becomes very mundane and actually quite meaningless.

“How are you?” has become a customary greeting, wherein we don’t expect to receive or give a response that is more than “I am okay.

Recently, after being asked by a friend “how are you?” I realized in mid answer, that this person was not even listening to what I was saying.

I am certain that many of you have found yourselves in . . . [more]

Posted in: Practice of Law

Forum Shopping Could Fix the Delay Problem

Forum shopping, that taboo practice in which a litigant chooses the most favourable jurisdiction to try a case, is generally looked down upon. Indeed, courts frown upon the practice even if the sole reason is to stem delay; that is, that a case can be tried faster in one jurisdiction than another. From a system-wide lens, this challenges common-sense. We need only look in the medical field, where patients can shop for medical services like MRIs, specialists, family physicians, anywhere they like. Yet the courts prefer to treat themselves as islands.

What do we look for in a justice system? . . . [more]

Posted in: Practice of Law

RECLAIM: A Is for Autonomy

In previous articles, I introduced the RECLAIM model as a cultural operating system for law firms and explored the first four elements: Respect, Equity, Clarity, and Learning. This month, I turn to A: Autonomy.

Let me introduce you to Priya.

Priya is a fifth-year associate with a busy corporate practice at a mid-sized firm. She is capable, hardworking, and well-liked by clients. She has recently found her work coming from one partner, and the working relationship follows a pattern. He hands her a file and tells her it is hers to run. Then he rewrites her drafts, . . . [more]

Posted in: Practice of Law

The RECO-iPro Matter: Governance Lessons From a Regulatory Mishap

In late 2025, facing public criticism and scrutiny from a scandal involving its Registrar and a registered real estate brokerage, iPro Realty Ltd. (“iPro”), the Government of Ontario exercised its statutory powers to appoint an Administrator over the Real Estate Council of Ontario (“RECO”). The province’s intervention was dramatic throughout the fall of 2025, but it has since faded from daily headlines. Despite its absence from our daily news feeds, the iPro matter warrants analysis and should serve as a cautionary tale for the hundreds of professional bodies across Canada that operate under delegated administrative authority. If your organization has . . . [more]

Posted in: Administrative Law, Practice of Law

The Legal Profession’s Weakening Grip on Law Society Governance

In late April, two groundbreaking decisions concerning legal regulators in Canada were announced — one by a court, and one by a law society.

The first decision came from the British Columbia Supreme Court, which ruled that the provincial government’s proposed overhaul of legal regulation in BC was constitutional and could proceed. I thought this was the obvious outcome from the outset, as I wrote here at Slaw two years ago, and I’m very glad to see the issue resolved — for the moment, anyway.

At the heart of BC’s legislative overhaul (and the lawsuit that challenged its . . . [more]

Posted in: Practice of Law

The Hidden Economics of Delegation to Law Students

In my last column, I wrote about the hidden economics of law firm student recruitment and the substantial investment firms make in attracting and hiring students. The conclusion was relatively straightforward. Most firms devote enormous attention to recruitment, but the return on that investment is largely determined after students arrive.

That return is shaped through hundreds of small interactions that rarely receive much scrutiny. How work is delegated. How instructions are delivered. How drafts are reviewed. How students learn what is expected of them.

In most firms, these processes are informal and highly variable. That is understandable. Lawyers are . . . [more]

Posted in: Legal Marketing, Practice of Law

RECLAIM: L Is for Learning

In previous articles, I introduced the RECLAIM model as a cultural operating system for law firms and explored the first three elements: Respect, Equity, and Clarity. This month, I turn to L: Learning.

In February 2014, Satya Nadella stepped into the role of CEO at Microsoft. The company he inherited was dominant but adrift, slowed by internal competition and a sense that it had been left behind by the cloud and mobile shifts. Nadella opened with a bold move.

Microsoft, he said, would go from being a know‑it‑all culture to a learn‑it‑all culture.

That single reframe became the . . . [more]

Posted in: Practice of Law

The Law Firm Foundational Rebuild

The legal services sector is in for rough times for the foreseeable future after which we will see a rebirth of legal services entities that bear little resemblance to those operating in the market currently. This is why your firm’s foundational rebuild must happen now.

Law firms are in the midst of grappling with a tsunami of changes within the legal services market that are impacting both practice and business. This is especially true after coming to terms – if we can honestly claim that – with the ravages of the pandemic. I understand that many people would like . . . [more]

Posted in: Legal Marketing, Practice of Law

The Wellness Lawyer: “Can You Be a Lawyer and a Highly Sensitive Person (HSP)?”

I recently watched a documentary called Sensitive. The topic of this article was inspired by its content.

Introduction

Have you ever been told that you are too sensitive? Or that you need to have tough skin in this world and especially in the legal profession?

Or, how about the time when you are feeling sad or may start to cry, someone looks at you in a judgmental way and says, “what’s your problem? No one wants a sensitive person to be their lawyer.”

It seems that many of us have shut down our emotions and decided to hide who we . . . [more]

Posted in: Practice of Law

RECLAIM Part III: Equity and Clarity Are the Foundation of a High-Performing Law Firm

In my last two articles, I introduced the RECLAIM model as a cultural operating system for law firms, and then explored the first element of the model: Respect.

This month, I turn to the next two elements: Equity and Clarity.

To begin, let me introduce you to Sam.

Sam runs a busy practice. She has a legal assistant whose performance has been inconsistent for years. There are regular typos, misspelled client names, and a lack of attention to detail that means Sam must review everything herself. The opportunities for Sam to delegate are limited, even for simple tasks.

The . . . [more]

Posted in: Practice of Law

Why the Grocery Code of Conduct Won’t Lower Prices and What It Shows About Industry Self-Regulation

For years I’ve been buying the same turkey bites from the grocery store (Canadian made, of course). They’re a high protein, grab-and-go snack. And, for years, I’ve paid about $7.00 for them. During my last visit to the grocery store, those same turkey bites were a whopping $12.99. Reading the sticker price led to an audible gasp while strangers around me nodded in agreement, because without having to say anything, we were all thinking the exact same thing – yes, an 85% price increase is astronomical, but this is our new reality.[1] Just after my shopping experience, I came . . . [more]

Posted in: Practice of Law

What if Legal AI Doesn’t Need Legal Data?

A few recent data points about AI and the law, along with one bracing conclusion.

  1. At the end of February, American lawyer Zack Shapiro published an article on Linked titled “The Claude-Native Law Firm.” It described how his two-person firm is powered by customized “skills” that capture and encode his legal frameworks and judgment into Anthropic’s Claude AI, enabling Claude to deliver legal outputs rapidly and transferably across the firm. This interview with LawDroid’s Tom Martin relates what Shapiro is doing and why it’s potentially momentous: It suggests that properly and thoroughly instructed general-purpose Gen AI might prove
. . . [more]
Posted in: Practice of Law

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