The Canadian Bar Association recently published Guidelines for Practicing Ethically with New Information Technologies (the “Guidelines”) as a supplement to its Code of Professional Conduct.

While the Guidelines provide a considerable amount of information concerning the use of technology in a legal practice (even referring to certain software in its annexes), some lawyers may find themselves at a loss as to how to actually implement the guidelines in their practice. This essay identifies certain aspects of the Guidelines that are worthy of additional commentary and refers readers to (mostly free) tools which will prove useful in following the Guidelines. . . . [more]

Netlegal.ca is the latest legal service company to cross my radar. This Canadian company (headquartered in Charlottetown with servers inside our borders) offers several services through their site surrounding the premise of connecting people and paper electronically. The main components of their platform of services include:

NetService – firms, lawyers, and judges can choose to upload files that can then be served BY CONSENT through another Netlegal member or by fax. The fax service to the courts uses the correct forms for all Canadian jurisdictions. Judges may also set up e-filing on a case making an order that parties file . . . [more]

It’s report card time (in Ontario primary schools at least), so why don’t we talk about some client service report cards for you and your firm.

My SLAW post last week was about the importance of keeping your clients happy, and how a post matter client survey (a sample survey is here) is one of the best ways to collect information about what clients thought about the services you provided.

Building on what I said last week, a look in the mirror can help as well. The Managing a Better Professional Services Firm Booklet I mentioned last week . . . [more]

On Nov. 27, 2008, I attended a session hosted by the Toronto chapter of the Legal Marketers Association (LMA) on Social Media Success.

The event was moderated by Max Valiquette of Youthography, and featured a panel with Parker Mason of CNW Group, Michael Rabinovici of AR Communications Inc., and Stuart Wood of Torys LLP.

Wood claimed his firm didn’t know he was there. But the event was promoted on the LMA website, and as he soon found out, he was part of an impromptu podcast when Mason revealed he was recording the session.

Full audio . . . [more]

That’s the title of an article worth reading at social computing magazine.com. (And speaking of social media, this article came to my attention via a Twitter post by Mathew Ingram.)

The article says:

KM and SM look very similar on the surface, but are actually radically different at multiple levels, both cultural and technical, and are locked in an undeclared cultural war for the soul of Enterprise 2.0.

And the most hilarious part is that most of the combatants don’t even realize they are in a war. They think they are loosely-aligned and working towards the same ends,

In tough economic times it is more important than ever to make sure your clients are happy with the work you did for them. A post-matter client survey is one of the best ways to collect information about what clients thought about the services you provided.

Make sure your survey is structured to help you identify specific areas for improvement. Ideally, it should include some open-ended questions.

LAWPRO’s booklet, Managing a Better Professional Services Firm, included a sample post-matter client survey. An electronic copy of this survey that you can adapt for your firm is available at www.practicepro.ca/servicesbooklet. . . . [more]

At Slaw we’ve referred from time to time to the practice in some US courts of declining any precedential value to cases.

This week’s Minnesota Lawyer brings the debate into sharp focus with discussions of a recent case that appears to have been buried, despite its value. The case involved whether punitive damages could be awarded in defamation cases.

In Canada, the proliferation of electronically accessible case law of dubious value makes one nostalgic for the days when a stroke of the DLR editor’s pen could consign such case law to non-existence. . . . [more]

There’s a possibly apocryphal story of Lord Denning MR changing his mind on who won an appeal after the judgment had been released to the WLR so that the WLR version has the plaintiff winning 2-1 while the All ER version had the defendant winning 2-1. [Challenge to those who have free access to Lexis – was there such a case?]

But this week’s Lawyer’s Weekly refers to a case being redacted by the Supreme Court of Canada after it had been released. The deletion was a reference to the Federal Government’s withdrawal from the Charter Challenges programme.

The counsel . . . [more]

One of my more recent clients is Clio, a Vancouver-based SaaS (Software as a Service) company built for web-based law practice management.

Clio’s target market is clearly set at solos and small firms, and feature wise they’re incredibly strong. They know who they want to serve, and what they want to deliver. However, like other SaaS companies, and especially within the legal market, the biggest challenge they face is how create an environment of trust.

This concept of trust is extremely important for clients both when establishing a sales proposition, but perhaps more important, in maintaining a strong . . . [more]

Slaw is pleased to announce that the Toronto Opinions Group (TOROG) has agreed to make public on Slaw memos and precedents that may prove to be helpful to others. The Toronto Opinions Group consists of a group of lawyers, primarily practising with the Toronto offices of the larger Canadian law firms, with an interest in third party (or transaction) opinion practice. TOROG meets regularly to review current opinion issues with a view, where appropriate, to discussing problems, assessing best practices and developing common approaches to opinion issues and opinion language. It does not involve itself in specific transactions or opinion . . . [more]

Links to a lengthy interview with Richard Susskind (parts 1 and 2) who continues to provoke with his explanations of how the English market for legal services is dramatically different from that in the United States, and how the Legal Services Act presages the future on this side of the Atlantic too.

One of the unplanned advantages of federal systems appears to be the way in which they militate against reforms of professional monopolies.

Good plugs for The End of Lawyers? Rethinking the nature of legal services , Richard’s book which will be imminently published by OUP.

The most . . . [more]

There’s an interesting small piece on the Legal Technology section of Law.com that treats the issue of whether and when social networking sites such as Facebook and MySpace are discoverable, and if so, when admissable as evidence. “Are Social Networking Sites Discoverable?“, by Ronald J. Levine and Susan L. Swatski-Lebson, deals principally with privacy and a party’s reasonable expectation of it, typically as an employee in a corporate setting.

A search of CanLII [“discovery” + (“facebook” OR “myspace”)] throws up three cases that merely touch on the matter: Knight v. Barrett, 2008 NBQB 8; Weber v. . . . [more]