After Rex Murphy attended the Canadian Bar Association (CBA)’s conference this past August, he must have returned with quite an impression of the pending crisis in the legal profession. Murphy hosted a keynote at the conference, but was also exposed to the CBA’s Futures Initiative, which released its final report that weekend.

Murphy hosted a nation-wide conversation this afternoon on CBC Radio One’s Cross Country Checkup, which was framed as follows:

The cost of hiring a lawyer or going to court is proving too much for many Canadians. An increasing number are going it alone despite the fact

As a frequent public speaker, I’ve seldom found myself speechless on stage, however, last week I stood in front of an audience of over 200 lawyers in stunned silence for the first time in recent memory. I did so after the Law Society of British Columbia (LSBC) President, Jan Lindsay, boldly pronounced that, in no uncertain terms, BC lawyers are prohibited from using US-based cloud computing providers.

To set the stage, let me rewind to Friday, November 14. I was invited to talk at the CBABC Annual Meeting in Scottsdale, AZ. My topic, “The Security and Ethics of Cloud Computing,” . . . [more]

Here at the CBA Legal Futures Initiative, we’ve sought to demonstrate to the Canadian legal profession that great opportunities await those who embrace change; opportunities to put clients at the centre of our work, to better serve Canadians, to provide new kinds of services, to open up new models of legal service delivery, to work in conjunction with others, and most importantly, to creatively re-imagine what it means to “be a lawyer” in the future.

We launched our flagship report, Futures: Transforming the Delivery of Legal Services in Canada, in August of this year. Contained within the report are . . . [more]

Last month CodeX hosted a “video demo event” called EVOLVE LAW. CEOs from eBrevia, Casetext, Traklight, LawGives, Ravel Law, Wizdocs, Hire an Esquire and ClearAccess IP were invited to talk about the “nuts and bolts of starting a legal tech business, funding experience, marketing and sales strategies and brief video demos of their products.” The session is almost two hours long so I thought I’d break it down and give you a chance to jump into the video where it might interest you most. However, if you have the time . . . [more]

Last week I looked at Harry Surden’s paper on the application of “machine learning” techniques to the practice of law and the recent talk he gave at a Codex Speaker Series in Stanford. After introducing the concept of “machine learning,” Surden notes that although artificial intelligence is still unable to stand in for complex human thought processes we can still get “intelligent results without intelligence.” He also points out that, the goal here is not to replace attorneys with machines. Instead these algorithms “act as a compliment” which can help to make litigation processes and attorneys themselves more efficient. . . . [more]

I would have loved to have been in the audience when Harry Surden spoke at an afternoon CodeX Speaker Series event a few weeks ago at Stanford Law School. But, you know, California is way over there and I’m way over here. So, although I could not actually attend I was prompted to go back and read his recent paper, “Machine Learning and Law.” And, thanks to the folks at Codex, it turns out the session I missed was recorded and is also now available for viewing.  . . . [more]

Justice ministers from across Canada met in Alberta this week to discuss funding for legal aid, but no agreement was reached.

According to provincial justice ministers, legal aid used to be shared equally with the federal government. However, since 2003 there has been no new funding from the federal government, meaning any shortfall is left to the province. What that means is that in some provinces like Alberta, federal contributions to legal aid have dropped to 16 per cent.

Andrew Swan, Manitoba Justice Minister, said,

I don’t understand how a government in Ottawa that claims to be in support

Paul Lippe and Daniel Martin Katz offer “10 predictions about how IBM’s Watson will impact the legal profession.”

They note in part:

“Many imagine Watson might displace lawyers for legal reasoning. We believe that systems like Watson are very unlikely to displace the reasoning processes of lawyers. But it’s equally true Watson may illuminate how rare it is that lawyers have to solve “bespoke” reasoning problems, and how common it is to apply “proven” approaches in slightly different contexts. But Watson doesn’t have to displace legal reasoning to have an impact.”

Which made me think of . . . [more]

Following the European Court of Justice decision earlier this year in Google Spain v AEPD and Mario Costeja González, Google has had a flood of requests to have webpages deleted from their index. More than a third of these requests, or over 60,000 links, come from the U.K.

Google released data today demonstrating where the requests originate from:

To date, Google has evaluated nearly 500,000 links for removal. More than half of all urls reviewed by Google are removed, meaning that there are still many others that they do not.

This data also reveals that the vast majority of . . . [more]

The fact that legal advice services cannot be automated is of critical importance in determining whether the legal profession should accept proposals for “alternative business structures” (ABS’s). They are being promoted by a Committee of the Law Society of Upper Canada (LSUC) as a means of lowering the cost of legal services.[i] The “unaffordable legal services problem” afflicts both kinds of legal services: (1) legal advice services; and, (2) routine legal services that don’t require legal advice. ABS proposals have three parts: (1) law firms can be invested in (owned—up to 49% or 100%) by non-lawyer people and entities; . . . [more]

Why is it so hard for the legal profession to act on what we know about the benefits of working in an environment that reflects the diversity of those we provide services to?

As a member of numerous volunteer committees, both inside and outside the legal profession, I’m often struck by the extent to which diversity challenges pervade most every sector. In the social and community services sector where I work and volunteer, I often find myself involved in committees made up largely of women and often failing to reflect the diversity of the service users in that sector. In . . . [more]

“The legal profession should be on notice: the computers are coming.”

Ryan McClead, over on the 3 Geeks and a Law Blog, has just finished up a great series of posts called, “The Exponential Law Firm.”* He’s also gathered these posts into a single paper with the added subtitle, “An Exploration of the Technological in Law Practice.”

He begins by attempting to answer the question, “What do we sell?” He frames this question in terms of what lawyers and law firms think they sell and what their clients expect when they seek . . . [more]