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Archive for ‘Practice of Law’

Practicing Law in a Smaller Centre

I spent most of this week in Yellowknife, Northwest Territories. Yellowknife is a beautiful city and I really enjoyed spending time with all the people there.

I learned some things that might be useful to Slaw readers who practice in smaller centres. Most of these things are perfectly logical.

Patience is a virtue.
In a smaller centre there are probably only a few people who can do things like repair network cabling. This is not a problem that can be solved by anything except patience. Just accept reality and try not to get grumpy.

Be prepared.
Assuming that technology will . . . [more]

Posted in: Practice of Law

Canada Not a “Recognised Jurisdiction” in UK Lawyers Transfer Scheme

As of yesterday, foreign lawyers seeking admission to the English and Welsh bar as solicitors via “a shorter alternative route to qualification” must meet the requirements of the new Qualified Lawyers Transfer Scheme Regulations 2010. One feature of these is the identification of certain jurisdictions as “recognised”; only lawyers from these jurisdictions may take the shorter route to qualification.

Curiously, as of September 1, no Canadian jurisdiction is on the list of recognised jurisdictions, which contains Namibia, Turkey, Israel, and dozens of others. Neither, I should add, is any US state other than California.

According to Legally India . . . [more]

Posted in: Practice of Law

Get on the Partnership Track With the CBA Partnership Toolkit

The Canadian Bar Association’s new Partnership Toolkit is a comprehensive collection of information aimed at lawyers trying to navigate the oftentimes confusing and difficult path to partnership. Lawyers will find a wealth of advice here in the form of self assessments, audio podcasts and articles in both web and PDF formats.

The site can be navigated in an interactive and animated menu style as well as a traditional series of links. Some of the highlights of the Toolkit in include:

. . . [more]
Posted in: Practice of Law

Canada – the Best Kept Secret in the U.S.

Because of our point-based immigration system Canada is know for attracting some of the best and brightest around the world, resulting in a phenomenon known as the brain drain. But Canada often experiences its own drain, with many professionals and stars seeking bigger markets and opportunities in the U.S.

In a recent edition of The Medical Post, Matthew Sylvain notes an interesting phenomenon (Brain drain reversed? August 17, 2010). American physicians are moving to Canada, albeit in small numbers.

The most obvious reason is the economy, and Sylvain cites John Mabbott of Health Match B.C. in pointing . . . [more]

Posted in: Practice of Law: Future of Practice

Who Are You? No, Really.

A monk asked Joshu in all seriousness: “Does a dog have Buddha-Nature or not?” Joshu retorted: “Mu!”

The problem of “identity,” as we would style it today, is the sort of thing that zen masters make their students struggle with, as in the famous dog koan set out above, which tackles the matter elliptically. “Who am I?” — “Who are you?” — are questions that human beings have been worrying since the dawn of consciousness, presumably.

Now, I’m not going to get all gnomic on you here: it’s not the place for it. But the deep question is not so . . . [more]

Posted in: Miscellaneous, Practice of Law, Technology

Update on Ongoing Collaborative Family Law Agreement Frauds

The following is the text of the August 26 e-blast sent to Ontario lawyers reminding them of the ongoing collaborative family law cheque scam.

Almost every day LAWPRO® hears from lawyers who find themselves the targets of various kinds of frauds. While this message is not a full fraud alert, we felt we should advise lawyers to be on guard, as there has been a significant increase in the number of collaborative family law agreement frauds reported to LAWPRO over the last week. Almost 20 firms have been targeted in the last four business days. We also urge lawyers to . . . [more]

Posted in: Practice of Law

Quality, Process Versus Outcome, Commodification and the Business of Litigation Today

This is the second part to a post from a week ago in which I made a note to the CBA legal project management panel and issued a three-question survey.

To follow up, I’ll use the survey to identify issues relating the current pressures how we litigate on behalf of our clients. I have not yet developed strong views on this subject matter, so will simply present the survey results and some thoughts about each question.

As I did last week, I use the term “litigation” in the broad sense, to refer to any form of representation in an adjudicative . . . [more]

Posted in: Practice of Law: Future of Practice

The Evolution of Conflicts Reform

We’ve posted before about the work that the Canadian Bar Association has been doing on conflicts of interest and the development of tools for the profession to manage conflicts of interest. Two Slawers were closely involved, here and here, with a fine italic hand evident.

Today’s Lawyers’ Weekly front page reports on the CBA’s response to a report of an Advisory Committee to the Federation of Law Societies of Canada. The Advisory Committee had released a report in June which had departed radically from the analysis of the CBA Task Force on the key issue of current . . . [more]

Posted in: Practice of Law: Future of Practice, Practice of Law: Practice Management, Reading: Recommended

3 Geeks and an Elephant

The folks over at 3 Geeks and a Law Blog have come up with a novel idea for a regular blog feature, what they are calling the Elephant Series. The 3 Geeks are using these posts to explore the idea of culture in law firms. They are inviting people from different roles in firms to answer the question of the week, revealing their various perspectives on the question.

The name comes from the story of the blind men and the elephant, in which a number of blind men feel different parts of an elephant and come away with . . . [more]

Posted in: Practice of Law

Papers From the 2010 CBA Niagara Conference

UPDATE: I’ve been informed that the papers are reserved for those who attended only. Please, then, treat this simply as a list of papers that were in fact given. Presumably, a request to the author or the the CBA might result in your obtaining a copy with permission.

The CBA’s 2010 Canadian Legal Conference in Niagara Program Papers are available via the conference website. Below the fold is a linked list of all the nearly 40 papers currently available (more may be added to the CBA site), arranged simply in the order in which they appear on the program. . . . [more]

Posted in: Education & Training: CLE/PD, Practice of Law, Reading

OSCAR vs. FRANK Continues

Just about a month ago I reported here that CourtCanada, the private software development company that had a deal with Ontario to provide some court services, had sued the Ontario government for breaching an understanding. The statement of claim [PDF] was made available then. CourtCanada’s electronic booking system, OSCAR (Online System for Court Attendance Reservations) was implemented in the Estates Court as a pilot project and expanded to the Commercial Court, where it ran alongside FRANK, the government electronic booking system in place for a number of years. In essence, the dispute is about the government’s decision not to expand . . . [more]

Posted in: Practice of Law

A Short Survey on Litigator Selection and Value Generation

I sat on a legal project management panel at the CBA conference on Tuesday. It was moderated by Barbara Boake of McCarthy’s. Andrew Terrett of BLG (and Slaw) provided the PM expert’s perspective, Brian Armstrong of Bruce Power spoke from the internal counsel’s perspective and I provided the practitioner’s perspective.

We had a very enlightening discussion, and spent a good deal of it talking about the challenges of planning for and pricing litigation (meaning any form of representation in an adjudicative process). I’ll follow-up on the discussion later, but thought I’d first lay some groundwork with a short and very . . . [more]

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

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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