Archive for ‘Practice of Law’
The Course of Law
I frequently stumble across lines that capture precisely a thing I was trying to say on an earlier occasion. Of course, by that time the conversation is long over. It is generally not practical to call up those who were listening to my inarticulate ramblings, and give them the expression I have found (although I am not above trying).
One nice thing about writing on a blog is that you have the perfect means of doing this: the next post. . . . [more]
Three From the World
Since I’m in rural Spain, I’ve no facilities for lengthy posts, so three pointers to interesting items from elsewhere in the world.
Let’s start with the best legal research sites you’ve never heard of. In an interview with LegallyIndia today, the ILS Pune Mooting Team – on their way to DC for the Jessup moot – were asked what research databases they used. Here is the answer:
MPL: How many online databases did you use for mooting research? Which, according to you, is the best online legal database?
. . . [more]Madhupreetha: Westlaw, Lexisnexis, Maxplanck, Oxford reports and Oxford Scholarship online were some
The 2/3 Rule Will Make You a Happy and Successful Lawyer
With a bit of effort, the simple and profound 2/3 Rule can transform you and your practice. I have mentioned this rule in dozens of presentations over the last several years and it always gets great feedback so thought it was worthy of a SLAW posting.
This simple rule says the goal of being a happy lawyer with a successful practice can be achieved provided all your clients/matters meet at least 2/3 of the following requirements:
1. You are working on interesting and challenging legal problems.
2. You are working with people you enjoy.
3. You are getting paid for . . . [more]
Computerizing Lawyers in Document Review
When Watson trumped several Jeopardy champions, Simon Chester wondered what the implications would be for lawyers. The New York Times appears to have answered that question, at least in part, in a story this weekend by John Markoff, Armies of Expensive Lawyers, Replaced by Cheaper Software.
Markoff points to the California litigation support companies Blackstone Discovery, who can analyze 1.5 million documents for under US$100,000, and Clearwell, who assisted DLA Piper meet a one-week court deadline by searching 570,000 court documents for specific concepts, rather than key words.
. . . [more]“From a legal staffing viewpoint, it means
The Cost of Doing Business
Rachel Rodgers makes a great point in her post today at SPU — the idea that in business, everything has a cost. She illustrates:
“Using an old laptop that gives you trouble every now and then has a cost. The cost is lost time that could have been spent working and the ensuing frustration that prevents you from being creative.”
or,
“Not purchasing software that makes work flow and management efficient has a cost. Not having staff that can handle certain time consuming tasks has a cost.”
She also correctly notes that even for a new business, sweat equity . . . [more]
CBA Paper on Solicitor-Client Privilege
The Canadian Bar Association has released a discussion paper by Ottawa law prof Adam Dodek, “Solicitor-Client Privilege in Canada, Challenges for the 21st Century” [PDF]. Although, as Professor Dodek says, the privilege has evolved into a “quasi-constitutional right,” its future is far from clear or, indeed, secure. From the conclusion to the 50-page paper:
. . . [more]As the CBA’s interventions with governments demonstrate, legislative intrusions on the Privilege are frequent, possibly more so. We live in an increasingly globalized legal world and Canadian law on the Privilege differs in significant respects from other jurisdictions which are important both in terms
Insurance Brokers, Investment brokers….law Brokers?
We are hearing so much these days about the changing landscape of legal services. See ‘The End of Lawyers?’ by Richard Susskind http://www.susskind.com/endoflawyers.html, or the writings of Jordan Furlong – http://www.law21.ca/consulting-services/ (also see his SLAW contributions).
One recurrent theme in the legal press now is that lawyers enjoy a legislated monopoly over the provision of certain services which do not require legal expertise. . . . [more]
A Systematic Approach to Law Firm Management
This is an article by Malcolm Mercer, partner and general counsel at McCarthy Tetrault in Toronto. It originally appeared in the September 2010 edition of LawPRO Magazine.
Risk is an inevitable reality of law practice. The only way to eliminate risk is to stop practising law – an option most readers of this article are not yet contemplating. A more realistic option is to actively mitigate risk through structured, systematic risk management. This approach is particularly helpful at the law firm level, where risk management can sometimes be seen to be contrary to the perceived self-interest of individual lawyers . . . [more]
On the Importance of Judicial Independence
by Emir Aly Crowne*
This is a response to Immigration Minister Jason Kenney’s remarks at the University of Western Ontario, Faculty of Law given on February 11, 2011. It is appropriate that the Minister’s initials are j/k, because had I not known better, I would have taken them to be a joke. But his remarks are from it. In fact — and quite ironically — his remarks strike at the very values that we, as Canadians, prize: freedom, democracy and the rule of law. Audrey Macklin and Lorne Waldman have already addressed some of these issues in their op-ed . . . [more]
Parsing the Law Society of Upper Canada’s Kafkaesque CPD Requirements
As of January 1, 2011, Ontario lawyers are now required to complete at least 12 hours of continuing professional development (“CPD”) in “eligible educational activities.” At least three hours must relate to “professional responsibility, ethics and practice management,” and must be obtained from a program that is accredited from the Law Society of Upper Canada. The nine hour balance must relate to “eligible educational activities.” This is on top of the 50 hours of self-study that every Ontario lawyer is expected (but is not required) to fulfill every year.
“No problem,” I thought, “I regularly keep updated on new legal . . . [more]
What Watson’s Victory Means for Lawyers
Earlier in the month (the other) Simon alerted us to IBM’s development of a natural language savvy (and trivia stuffed) machine that ran rings around the human competitors in Jeopardy.
But no sooner had the victory occurred when lawyers started thinking … what if.
What if they hadn’t cleared copyright on the encyclopedias they stuffed Watson with?
But the best analysis is contained in a provocative and imaginative piece by IBM GC Robert Weber in the National Law Journal, summarized in the ABA Journal.
. . . [more]“Imagine a new kind of legal research system that can gather much of


