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Archive for the ‘Practice of Law’ Columns

Why Mentoring Programs Fail (And How to Fix Them)

Most law firms intuitively understand the value of mentoring. Unfortunately, that rarely translates into a successful mentoring program. Here’s what’s wrong with them, and how to fix them.

There are so many skills a young lawyer needs to develop in their formational years, and so little time in which to do so. Additionally, it’s so easy for a young lawyer to make a misstep that might cost them their future at the firm. It just makes sense to pair younger lawyers with more seasoned ones who can watch over them, shorten the learning curve and speak up for them within . . . [more]

Posted in: Practice of Law

The Intersection of Ethics and Well-Being

ABA RESOLUTION 105

The ABA House of Delegates adopted Resolution 105 at the 2018 ABA Midyear Meeting. The resolution supports the goal of reducing mental health and substance use disorders and improving the well-being of lawyers, judges and law students. It urges stakeholders within the legal profession to consider the recommendations set out in The Path to Lawyer Well-Being: Practical Recommendations for Positive Change. The pursuit of lawyer wellness has spread rapidly through law firms, bar associations, state bars and state supreme courts.

The National Task Force on Lawyer Well-Being, assembled in August 2016 to “create a movement toward . . . [more]

Posted in: Legal Ethics, Legal Technology, Practice of Law

A Proposal to Replace Ontario’s Evidence Act With an Evidence Code

In September, 2019, I responded to the Law Commission of Ontario’s request for law reform project suggestions, with the following Evidence Code proposal. It contains reasons why you should send your written support to the LCO. The LCO will respond to such submissions early in 2020. Every Canadian common law jurisdiction’s Evidence Act should now be replaced with a true Evidence Code.

The work to replace Ontario’s Evidence Act with a true Evidence Code is much more than half completed, because in December, 1975, the Law Reform Commission of Canada (the LRCC)[1] published its Report on Evidence; . . . [more]

Posted in: Practice of Law

The Power of a Smile

One smile is all it takes to improve your mood, energy, and overall health.

One smile is all it takes to help someone have a better day.

One smile is all it takes to make a difference in this world.

One smile can make a powerful impact that ripples past our immediate surroundings.

In 2019, Eliud Kipchoge created a new world record and succeeded in becoming the first person ever to run a marathon (26.2 miles or 42.2 kilometers) in less than two hours. He tackled and prevailed against a challenge which not long ago, seemed unattainable. Watching Eliud Kipchoge . . . [more]

Posted in: Practice of Law

How Not to Manage Projects: Mismanaging Project Essentials

Welcome to 2020. (No, I can’t believe it, either.)

Managing projects is hard, so I’m going to focus for the next series of articles on how to avoid screwing them up.

Like Michelangelo said about creating his masterpiece sculpture from a formless block of marble, “I just carve away everything that doesn’t look like David.”

So let’s open the decade by carving away a bunch of stuff that doesn’t look like good Legal Project Management.

There are five aspects you have to manage to move projects forward effectively:

  1. The project itself.
  2. Time.
  3. Money.
  4. The client.
  5. The team.

This month, . . . [more]

Posted in: Practice of Law

What Are the Key Attributes of an Innovative Law Firm and How Much Do They Really Matter?

Managing a law firm in this era of rapid change is a massive challenge. It’s hard to know the right thing to do. It feels like the ground is constantly shifting. Your firm’s lawyers are giving conflicting reports on the state of business while your clients keep demanding “more for less.” Many legal tech companies are stepping up to help with these challenges. Yet these companies often meet resistance from the very firms they are trying to help.

I’d like to introduce Sean Bernstein. Sean is a co-founder of MinuteBox, a next generation cloud-based minute book and corporate records . . . [more]

Posted in: Legal Technology, Practice of Law

In Celebration of All the Other Lawyers

While attending the latest fête of yet another elderly, past-his-due-date lawyer, I was drawn into a hateful, envious reverie of what this passing generation benefited from: big game clients hunted down by golfing foursomes, cases settled over scotch, reputations defined by progeny than by proficiency, minorities oppressed, women suppressed, and partnerships by fiat and fealty but not effort and effect. Gazing warily into my sparkling glass, a thought slapped my face awake from reverie to reality: it is not so different now, than it was then.

As my attention fades in and out from the drone of the acceptance speech, . . . [more]

Posted in: Practice of Law

Law School Gets This Right. Law Practice Gets It Wrong.

Earlier this month, I was kindly invited by Jason Morris to speak (via Skype) to his “Coding The Law” class at the University of Alberta Faculty of Law. We had a great chat on a range of topics, but one in particular stood out for me and I wanted to share it with a wider audience.

We were talking about the transition from law school into the legal profession, and yes, we did spend quite some time talking about all the ways in which law school does a poor job of preparing students for practice. But I pointed out one . . . [more]

Posted in: Legal Education, Practice of Law

How to Recover Gracefully From a Bad (Admin/Marketing/Client) Decision

In my experience, lawyers hate to be wrong. And they keep track of when anyone else is. Attending a lawyer meeting, you can almost see the chalk board above each head keeping track. Power is won or lost on those points and for a moment, they become almost more important than legal knowledge, business wisdom, and marketplace reputation. So, lawyers tend to withhold opinions until they know they can defend them. And once an opinion is set, it can be hard to change it because that would be admitting that the previous opinion is no longer right (and therefore, must . . . [more]

Posted in: Legal Marketing, Practice of Law

Evidentiary Vulnerabilities of Bad Electronic Records and Information Management

This article is based upon my several decades of experience working with experts in electronic records management systems (ERMSs), servicing institutional clients, and drafting related national standards-see the list of articles at the end of this one. In Canada, the requirements of good e-records management and the legal consequences of its absence are still not recognized as being a distinct area, field, or division of law. It is part of a larger problem concerning the lack of knowledge by which to challenge the ability of all electronic systems and devices to produce reliable evidence. The nature and substantial vulnerability to . . . [more]

Posted in: Practice of Law

One of the Poorest Countries Can Be the Most Innovative

Not many of my friends knew much about Niger. Most assumed I mispronounced. “You mean Nigeria?”. Those that had heard of it had wondered why I was going to a place full of jihadis, weapon smugglers, and human traffickers. They had not seen the nation’s capital Niamey’s Diori Hamani airport. It is brand new and reflects determination. The first customers were the African Union heads of state at their summit in July.

Now it served me. Liman, the protocol officer, stood behind the customs with a sign bearing my name. “Welcome to Niger!”, he smiled, and talked me through customs. . . . [more]

Posted in: Practice of Law

Change, Hard Truths, and Project Management

This is the fourth and final column of a series on the Ten Laws of (Legal) Project Management. This column covers the last four laws, followed by a recap of all ten.

7. The Only Constant Is Change, So Plan on It

In some ways, this law gets to the heart of project management. As General Eisenhower once said, “Plans are useless, but planning is essential.” (Different sources offer slightly different phrasings for this quotation… which I suppose is a type of change, too.)

Another project maxim suggests, “You can have it good, you can have it fast, you . . . [more]

Posted in: Practice of Law

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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