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Archive for ‘Practice of Law’

Supreme Court Judgment on Fiduciary Obligation

The Supreme Court has just released its judgment in the case of Galambos v. Perez, 2009 SCC 48 (CanLII). The opinion of the court was written by Cromwell J., his second[1. His first was R. v. Godin, 2009 SCC 26 (CanLII)], I believe, since his installation on the court, and concurred in by all eight other members of the court.

This judgment might be of special interest to the bar as it deals with relations between a bookkeeper for a small firm and the bankrupt firm. Essentially, the bookkeeper and de facto office manager loaned large sums . . . [more]

Posted in: Legal Information, Practice of Law, Substantive Law, Substantive Law: Judicial Decisions

Report on Canadian Common Law Degree Requirements

The Federation of Law Societies of Canada Task Force on the Canadian Common Law Degree has submitted its final report [PDF]. According to the Report:

The Federation appointed this Task Force in June 2007 to review the existing academic requirements for entry to bar admission programs and to recommend any modifications that might be necessary.

The Report recommends, among other things, that the law societies across the country adopt a “uniform national requirement for entry to their bar admission programs.” The proposed national standard comprises requirements that direct themselves at Canadian law schools, effectively controlling aspects of the curriculum of . . . [more]

Posted in: Education & Training, Practice of Law

InnovAction Awards 2009 Winners

I just noticed we never mentioned the latest InnovAction Awards winner announced in September! This year’s winner is New Family Organization created by Irit Rosenblum in Israel.

From InnovAction:

Irit Rosenblum broke fresh ground defending a universal right to family as intrinsic to the practice of law. Rosenblum pioneered a new sphere of legal rights surrounding the family based on the conviction that the rights to marry, divorce, have children, bequeath and inherit assets, and conduct family life are human rights and must be attainable to all regardless of faith, nationality, sexual orientation or status. She founded New Family to

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

Productivity

Like everyone else, lawyers want to make the most out of the finite time, energy and resources available to them. Lawyers in private practice in particular often experience significant demands on their time. They face regular deadlines imposed by others without regard to their other time requirements, and often multiple clients require something to be done at the same time. There are regular interruptions during the work day via email, phone and fax. And, there is always something more to do on a client’s behalf – one more witness to interview, one more case to read, one more clause to . . . [more]

Posted in: Practice of Law

Identity Theft..and More

♫ I’d rather steal than foot the bill, I’d rather die
I’d rather steal than pay the bill, I’d rather lie ♫

Words and music by Vaux, “Identity Theft”

Yesterday was an eye-opening day for me. Someone apparently hacked into my Twitter account and started sending out spam tweets in my name. On the scale of the range of identity theft, this was rather low – as it was solved by changing my Twitter password to something VERY strong and sending out apologies to those who unfortunately, received the spam tweets. But like a vaccine, it inoculated . . . [more]

Posted in: Practice of Law, Substantive Law

Our First Firm Retreat

Heritage Law had our first firm retreat last Friday October 9th at River Rock Casino in Richmond, BC. Allison Wolf was our facilitator and did an excellent job.

It was somewhat of a coming of age event for a firm started four years ago as a solo. Practice areas have changed, people have come and gone, two children have been born – and now four lawyers and five staff were sitting around a table discussing strengths, goals and the path ahead. It was a particularly unique event for us as we are a virtual firm and many of our paralegal . . . [more]

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

The Unexpected..

♬ life can bring you down
creep up without a sound
yeah life can bring you down sometimes…♬

Lyrics, music and recorded by Sprung Monkey.

There is much talk in the media about the H1N1 virus. I think I was like most people in thinking it would be an inconvenience at worst – that is, until the first person I knew died from it. It is still early in the outbreak but I am now following the news announcements much more closely.

In terms of lawyers and law offices, this pandemic (I really don’t like that word since it . . . [more]

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

Lawyers as Targets of Fraud: The Common Misconceptions

(This article comes from the latest issue of LAWPRO’s new Webzine and magazine.)

Almost every day LAWPRO receives calls and emails from lawyers who are acting on files that are possible or obvious frauds. The types of sham matters targeting lawyers range from collections and commercial loans to real estate and mortgage transactions.

Based on feedback, we believe that lawyers and law office staff are generally more aware of the red flags that warn of potential fraud. Lawyers are more often identifying and stopping frauds targeting them.

However, these calls also tell us that several recurring misconceptions are preventing . . . [more]

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

Dead Peasants’ Insurance

One of the most enjoyable aspects about working with clients outside the Canadian market is getting exposed to new areas of the law. This was the case when I started working with McClanahan Myers Espey LLP and was introduced to Mike Myers. Mike has a unique expertise, uncovering corporate life insurance policies where the company (and not the family) are the beneficiaries. The practice is more commonly referred to as dead peasants’ insurance or Janitors Insurance, and Mike works on behalf of the families. He is also one of a select few to have a successful track record in . . . [more]

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

Civility in the Law

David Bilinsky mentioned it in passing back in August: there are calls for increased civility amongst lawyers. On September 24th, the Law Society of Upper Canada announced Civility Complaints Protocols Established.

According to the press release,

The [Civility Complaints] protocols provide a procedure for trial judges and justices of the peace to refer incidents of misconduct to the Law Society. They also provide for a new process whereby judges can request that lawyers receive mentoring from a panel of senior members of the bar. The mentor will meet with the lawyer to discuss the conduct in question

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

Lawyers – on Video. Launch of OMG! Law Talk

It’s something I’ve always wondered about. How do you use video, presumably on YouTube, without looking like you’re advertising like this guy.

I got together with some of the most savvy lawyers I know in the area, and we sat around talking about why we blog, why litigators are often reluctant to participate, and a couple other issues. We forgot about the camera that was filming us, and took a look at the footage after we were done.

The musical intro/outro is us too – Garry Wise and Michael Carabash are pretty talented musicians on the guitar.

We liked . . . [more]

Posted in: Practice of Law, Practice of Law: Marketing, Technology

Lists From Twitter: Nests of Tweeps

Twitter is developing a way of making a shareable list of Twitter users, so that people can form, recommend, or adopt groups of users. (See the story on ReadWriteWeb.)

Currenlty, TweepML offers a way of doing this sharable list making. (The name is a take on OPML, which stands for Outline Processor Markup Language, an invention of Dave Winer, and used principally for making an XML list of RSS feeds. Tweeps are people — “peeps” — who use Twitter.) The idea of such a list is that it makes it technically easier for you to follow groups of people. . . . [more]

Posted in: Legal Information, Practice of Law, Practice of Law: Marketing

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