Canada’s online legal magazine.

Archive for ‘Practice of Law: Future of Practice’

The Rain-Maker Era Coming to a Close?

In the large business arena, we are starting to see some interesting developments that impact the way law firms are selected for work – which in turn is starting to impact the role of rain-makers in firms.

In larger companies, procurement teams are becoming more active and influential in the legal field. General Counsel are being pushed harder to do more with less and C-suite executives are becoming less convinced that selecting law firms is different from selecting property managers or other suppliers.

Procurement brings a more disciplined and rigorous approach to selecting firms that focuses on costs, but also . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice, Practice of Law: Marketing, Practice of Law: Practice Management

Law Students Take on the Dean

We’re once again inspired by the badass ways in which some law students are taking on their institutions. Earlier this month, the Dean of the Faculty of Common Law at the University of Ottawa sent out an email to all the students at the law school warning them that a student Research Assistant had filed a grievance that was against the interests of all other students. As a result, the Dean wrote, there would be less research positions available to everyone this summer. Two Stewards from CUPE local 2626, the Teaching and Research Assistant’s union, then responded to the Dean, . . . [more]

Posted in: Justice Issues, Practice of Law: Future of Practice

Changing Expectations and Changing Minds

It’s no secret that public perception of lawyers is generally poor. This was highlighted for me again when I came across the recent post 15 Things Your Clients Are Sharing About You on Twitter. While some of the clients quoted said positive things about their lawyers, many repeated a variation of the oft-heard refrain: Too expensive, too shifty and too incompetent.

Jordan Furlong recently wrote here on Slaw about the Ontario Bar Association’s proposal to enhance the image of Ontario lawyers through another marketing campaign. He concluded that the problem of poor image is a consequence of the way . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice

Foreign Lawsuits to Fund Access to Justice?

Access to justice is a common debated theme, most notably how to get the necessary resources to improve the accessibility to and of our judicial system. It was with interest that I read today’s article from UK’s The Guardian entitled: “Foreign lawsuits may face higher UK legal fees: Justice secretary Chris Grayling says he wants to ensure that those who litigate in British courts pay their fair share.” This other article, published two weeks ago in the same newspaper, also provided some additional concrete figures and examples of foreign lawsuits being adjudicated in the UK (many of these made headlines . . . [more]

Posted in: Practice of Law: Future of Practice

The Ugly Side of Legal Blogs

It is astonishing to me that there are practising lawyers who take time away from helping clients to write (often foul-mouthed) blogs and comments attacking those who advocate different ways to deliver legal services. In the minds of these attackers, we have “666” tattooed to the backs of our heads.

The old saying, “Is this the hill I want to die on?” comes to mind for those with boundless energy to expend trash-talking people who think differently.

It’s as if the attackers don’t follow what’s happening in the world around them (which is also exceptionally poor risk management):

Megan Seto . . . [more]

Posted in: Justice Issues, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management

From Full Mobility to Outside Investment?

On February 28, 2013, the Law Society of Upper Canada became the first Canadian law society to ratify the national mobility provisions allowing for full and permanent mobility of lawyers between Ontario and Quebec.

Most Canadians will be forgiven for failing to be as joyful as the Benchers were that day, as the agreement does much to enhance lawyer mobility (and hence fee-earning capability), but does nothing to address access to justice.

The Law Times piece on this matter was done by Yamri Taddese and can be found here.

How much better it would have been if Benchers had . . . [more]

Posted in: Justice Issues, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management

A Teaching Hospital for Law School Graduates

After a visit to the Mayo Clinic, the dean of the Sandra Day O’Connor College of Law at Arizona State University decided that there was a need for a “teaching hospital” for law school graduates to gain experience and learn their trade while being assisted by experienced lawyers. Thus, this summer, Arizona State is setting up a non-profit law firm for some of its graduates to work under seasoned lawyers and be paid to provide a wide range of services at relatively low cost to the residents of Phoenix.
Posted in: Education & Training, Education & Training: Law Schools, Practice of Law, Practice of Law: Future of Practice

Legal Innovator’s Round Table

Having coffee one day with Mitch Kowalski, whom I met through these pages, the idea bubbled up of regular informal meetings of like-minded legal professionals interested in delivering legal services in a way that suits the 21st Century – not the 19th.

No agendas, no speakers, no membership lists — just a regular place and time for people to drop in and chat about what we’re doing, following or finding in our efforts to make the legal profession more like a modern business.

Mitch took the important step of actually organizing it. The first meeting took place . . . [more]

Posted in: Practice of Law: Future of Practice

De-Constructing Legal Services

Last Fall, I read an article about the General Counsel for Kia who creates tests for his external legal counsel. The tests have nothing to do with law and everything to do with process. In one test, external counsel should have taken 20 minutes to complete a mundane task using an excel spreadsheet. The average time taken by Kia’s nine outside law firms? Five hours. Simon Fodden also has a great piece on this, here.

There are many takeaways from this, but an important one is that its shows that lawyers are not always the most efficient personnel . . . [more]

Posted in: Education & Training: CLE/PD, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, Technology

Kia’s Outside Counsel Tech Audit

There’s a series of three articles over on Law.com’s Law Technology News that you might find interesting. D. Casey Flaherty, corporate counsel for Kia Motors America, came to the realization that the billable hour was often spent in . . . well, unnecessary ways. Particularly:

[T]echnological incompetence is endemic to the [legal] profession; and the quantity of resources wasted on busywork is shameful.

As a consequence he devised a test, an audit, of potential outside counsel for Kia, and has run it nine times. His articles (The Origin of the Outside Counsel Tech Audit, Kia Motors Tests Outside . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice, Technology: Office Technology

ABS – the Fear in Canada Is Palpable

The ABS debate continues among many Canadian provinces. The Law Society of British Columbia has already made the same mistake as the American Bar Association recently made by declining to allow outside investment in law firms. One of LSBC’s reasons was that local lawyers didn’t feel a need for it; this reminds me of a comment made by a lawyer in the UK and likely echoed by some in Canada, “We’re smart people. If there was a better way to do things we would have already figured it out.” Or to more bluntly put it, LSBC’s rationale is like asking . . . [more]

Posted in: Justice Issues, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management

3li_EnFr_Wordmark_W

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