Top 10 take-aways from the 2010 ODR and Consumers Conference in Vancouver, BC, Nov 2-3, 2010.

This is the second of three posts on how information and privacy issues are shaping the future of employment law. Last week, I posted on the impending clash between information governance and personal use of corporate IT systems. This post is about internet use and the “virtualization” of workplace harms. Next week, I’ll post on labour stability, departing employees and information-related harms. Please comment.

Some days I yearn for a case about something tangible – a theft of tools, a punch thrown at a supervisor or a marijuana cigarette smoked on lunch hour. These kinds of matters seem like . . . [more]

If you want to get a glimpse of one possible future for small to medium-sized law firms, you might take a look at the website for Britain’s QualitySolicitors. Launched this Spring, QualitySolicitors is a marketing alliance in which existing law firms become rebranded with the common logos, advertising, and approaches to potential clients. The alliance purports to identify the “best” high street firm or firms in a given area (i.e. firms for clients from the general population).

This is seen by some as a pre-emptive strike against the coming of “Tesco law practices” when the new Legal Services Act . . . [more]

A little late to the party by comparison with other provinces, the Law Society of Upper Canada is now seeking comments on how best to treat the practice of “unbundling” legal services in the rules of conduct. Specifically, a report (undated) prepared by the Policy Secretariat, “Unbundling” of Legal Services and Limited Legal Representation, [PDF] has made a number of proposals for change in the rules governing lawyers and paralegals, and the law society invites responses to these.

In this context, the society means by “unbundling”:

… the provision of limited legal services or limited legal representation. It is

. . . [more]

I’ve been asked to speak early next year on how information and privacy issues are shaping the future of employment law. In preparation, I’d like to share three developing thoughts here that relate to: (1) the impending clash between information governance and personal use of corporate IT systems; (2) internet use and the “virtualization” of workplace harms; and (3) labour stability, departing employees and information-related harms. Part 1 is below. Parts 2 and 3 will follow. Please comment.

What does the “information governance” movement mean for employers?

In my view, the building pressure to govern corporate information is bound to . . . [more]

Ethics committees across North America are, as always, in the process of examining issues of great importance to lawyers in the US and Canada. As part of process of establish new ethics opinions and rules, ethics committees typically hold hearings or publish proposed opinions for comment, seeking input from practicing attorneys.

Unfortunately, these hearings and requests for comment are often met with silence from practicing attorneys. Vendors and other interested parties respond in force, but the group that will ultimately be most impacted by ethics committees decisions have, apparently, nothing to say.

For example, only one practicing lawyer signed up . . . [more]

Perhaps not an entirely new concept, considering how well traveled the roads to co-ownership are, but nonetheless, here’s and interesting look at the law of what is becoming easier to do with people you know less well: sharing. . . . [more]

The Legal Services Act of Scotland has been passed into law allowing up to 49% public ownership of law firms.

As earlier promised, a somewhat delayed post on legal project management (LPM).

The recent Ark Group master class on LPM, by Steven B. Levy of Lexician and Patrick Lamb of the Valorem Law Group, was a good overview of the topic, with Steven drawing on his experiences at Microsoft and from his book, with Patrick providing a law firm perspective based on the approach in his daily practice. The session certainly reinforced the points in Steven’s book and provided useful context and comfort for implementing LPM. In addition to both the various theoretical and practical ideas presented, . . . [more]

Last week Nicole Garton Jones, a BC-based lawyer and fellow Slaw contributor, provided some thought-provoking commentary on the position of the Law Society of British Columbia on the topic of Virtual Law Firms, as discussed in the latest edition of the organization’s Bencher’s Bulletin. In the bulletin, and subsequent response to Ms. Garton-Jones’ post, the LSBC identifies several key concerns relating to cloud computing for BC-based law firms, namely:

. . . [more]

With Small Claims Court in Ontario now able to deal with claims of up to $25,000, the actions aren’t so “small” anymore. And the increase in the number of people affected by the generous cut-off has spawned a variety of self-help websites and businesses.

For an example of a pro bono self-help site, check out the series of seven videos on the Small Claims Court by lawyer James Morton, part of an initiative by the Advancement of Legal Education and Research Trust (ALERT), the charitable arm of the Ontario Bar Association (OBA).

My Legal Briefcase is a brand new . . . [more]

The ABA Ethics 20/20 Commission is holding hearings to explore the impact of technology on client confidences and lawyers’ use of the internet to develop business. The Commission invites interested persons to register now to testify at an Oct. 14 public hearing in Chicago. You may also make written submissions. See below for details on registering or making written submissions.

The commission has issued two issues papers identifying areas it expects to explore in oral testimony or written comment. One explores implications for client confidentiality raised by lawyers’ use of such technological tools as cloud computing, while the other raises . . . [more]