This month’s column is aimed at Gen-Xers like me and the Boomers who preceded us in the legal profession. Readers in your 20s, 30s, and 40s – I’ll catch you next time out.

Preparing a talk the other day, I realized with a mild shock that last month, I celebrated the 30th anniversary of my call to the bar. Although maybe “celebrated” isn’t quite the right word – “commemorated”? “Glossed over with mild discomfort?” “How the hell did that happen?” 1995 was also the last year in which I engaged in anything like the practice of law, so I suppose . . . [more]

Once espoused by a US Supreme Court Justice in the historical Jacobellis case, the iconic “I know it when I see it” principle doesn’t only apply to censorship. I would argue that we can apply it to well-constructed legal documentation as well.

Have you ever looked at a document, any document, and felt overwhelmed by the amount of information coming at you? For example, think about the last time you emptied your mailbox of fliers. Did you look at one of those fliers and think, “Argh! There are so many random pictures of produce, numbers and words and I don’t . . . [more]

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]

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]

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

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]

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]

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

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]

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]

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]

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]