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Archive for ‘Practice of Law’

How to Start a Legal Project Management Initiative in Your Firm: 11 Ideas

Are firms becoming more attuned to the benefits of legal project management (LPM)? Are clients? Judging from a workshop I attended on this topic last month in Chicago, the answer is “yes”.

But many firms – including almost every firm I’ve encountered – still struggle with the question of how to encourage organizational and individual changes required to inculcate wide-spread adoption of LPM.

The panelists who spoke at the “LPM Showcase and Workshop” lead some of the firms that have been the most successful at LPM implementation – Baker & McKenzie, Loeb & Loeb, Foley Hoag . . . [more]

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

Neighbours From Hell – Marcel Proust to Ed Morgan via the Carlisle

Three delightful legal curios remind us that when neighbours fall out, balance and judgment cascade out the window – or are defenestrated.

Let’s start with Monsieur Proust – who was sensitive beyond sensitivity. Yet even a cork-lined writing room couldn’t shield him from shoes on wooden floors and thin walls, from the harp-playing wife of an American dentist, Marie Williams.

Gallimard published the recently found letters as an epistolary novel, Lettres à sa voisine, last year. The catalogue descibes it thus::

«C’est un vrai petit roman, fondé sur une surprise : la découverte de ces vingt-trois lettres

. . . [more]
Posted in: Case Comment, Practice of Law, Substantive Law: Judicial Decisions

The Fundamental Importance of High Quality Advocacy

The UK Court of Appeal last week overturned a decision staying a complex financial fraud prosecution on the ground that no suitably qualified lawyer was willing to be retained to defend the case at the reduced compensation rates being offered by the State.

The UK Ministry of Justice had previously announced its intention to cut by 30% the rate of remuneration to counsel in such cases. None of the respondents were able to find counsel to instruct.

The judge of first instance concluded, “to allow the State an adjournment to put right its failure to provide the necessary resources to . . . [more]

Posted in: Justice Issues, Practice of Law: Future of Practice

#Cbafutureschat Recap: How to Become a Legal Innovator

Think outside the box.

Think of ways to use current tools creatively.

Think big.

Think niche.

Think of ways to blow up the current paradigm.

Think of ways to make the current paradigm work better.

… Essentially, opinions about how to transition into a future-ready legal profession are like vital organs – everyone alive has at least one that works for them, but there isn’t one that works for everybody.

Since the CBA Legal Futures Initiative was launched, many ideas about the challenges facing the profession have been postulated – their causes, their effects, and appropriate responses to them. One . . . [more]

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

The Implications of Mandatory Retirements in Partnerships

The Supreme Court of Canada decision in McCormick v. Fasken Martineau DuMoulin LLP, mentioned recently by Simon Chester, will have implications beyond just how human rights legislation applies to mandatory retirement provisions in partnership agreements. Because such provisions will be upheld, firms can be expected to include and rely on them further, and the baby boomer population of lawyers who are quickly approaching retirement age may now expect a forced retirement from partnership.

Some economists reject the “lump labour” theory, which suggests that unemployment can be, in part, attributable to the refusal of older workers to retire. However, even . . . [more]

Posted in: Practice of Law: Future of Practice, Substantive Law: Judicial Decisions

The Nature of Partnership

By some weird synchronicity, the Supreme Courts in both the United Kingdom and Canada in the last 24 hours have considered the nature of partnerships and the extent to which employment law protections also applied to partners.

Yesterday’s decision in Clyde & Co LLP and another (Respondents) v Bates van Winklehof (Appellant) [2014] UKSC 32 held that a junior partner (unhelpfully called an Equity Partner) in a London firm was protected by the whistle-blowing protections of the Employment Rights Act 1996. She had been involved in a rather dubious file in Tanzania and reported to the firm’s money laundering reporting . . . [more]

Posted in: Practice of Law: Practice Management, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

Taking Leave – a Risk Management Perspective

Manitoba lawyer Donna Seale has a great blog focused on human rights issues in workplaces. In fact Human Rights in the Workplace is so good that in 2010, the blog won a CLawBie award. In her post, It’s time to take time, Donna recently announced she’s taking an indefinite leave from her practice and her blogging to focus on renewing her own health.

As a Manitoba lawyer with an interest in human rights issues, I’m disappointed that her voice won’t be heard on the topic for the next while. As a a former colleague of hers at the Manitoba . . . [more]

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

CBA Futures Chat: How to Be a Legal Innovator

{Pre-text: It is quite humbling and even feels premature to be hosting a CBA Legal Futures Twitter Chat on How to be a Legal Innovator. That said, I welcomed the invitation, as my completely unexpected trajectory as a lawyer has admittedly led me a few times to take a step back and re-trace my thought-process over the past 3+ years since I took the entrepreneurship route: À-la, “What tha..??! This is shaping up to be pre-tty cool. Geez, how did I get here?” And I have kept some notes.

<<Cue Sophia’s voice from Golden Girls here>> Picture it. Toronto. . . . [more]

Posted in: Practice of Law: Future of Practice

“Law Is an Information Technology”

That’s the first line in a recent article from the Fordham Law Review by John O. McGinnis and Russell G. Pearce, an article which I’ve added to my “must read” list.

There’s been a lot of talk about disruption and innovation in law practice. In “The Great Disruption: How Machine Intelligence Will Transform the Role of Lawyers in the Delivery of Legal Services,” the authors note that “the disruption has already begun” and take a look at “the weakening of lawyers’ market power over providing legal services.”

The article is presented in two parts:

“Part I describes

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

Climate Change Class Actions Could Spur Greater Emergency Preparedness

There are no such things as natural disasters, only situations with disastrous consequences due to lack of social preparedness. This sentiment was a quite common one to encounter during my time working in emergency management. For example, Ilan Kelman states,

The term “natural disaster” is often used to refer to a disaster which involves an event originating in the environment. The term has led to connotations that the disaster is caused by nature or that these disasters are the natural state of affairs. In many belief systems, including Western thought, deities often cause “natural disasters” to punish humanity or

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

A New Generation Requires New Structures for Law Firms

The early articling hire-back numbers look dismal for a number of firms in Toronto, and this, coupled with the lengthening number of years that it takes associates to make partner – if they ever do – and the merry-go-round of serial lateral partners, should make all lawyers stop and think about how this environment is shaping the next generation of Canadian lawyers, and in turn, the structure of legal services providers.

My friend, consultant, John Chisholm was recently quoted in Australia’s, Lawyers Weekly. “I hear from senior associates who have had to wear the fact that their partnership prospects . . . [more]

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

Where’s the Lawhacker Website?

I am an avid reader of the website Lifehacker. Every day, there are new posts on an incredible range of topics with the single goal of making life easier. Yesterday, for example, there were hacks on communicating with seniors, peeling hardboiled eggs, getting roadside assistance for your bicycle and applying the GTD philosophy in dealing with your emails.

Lifehacker absolutely lives up to its motto:

Tips, tricks, and downloads for getting things done.

I’ve noticed that Lifehacker has a way of pinpointing issues in my daily life that I’ve not yet identified as issues, and in many cases, . . . [more]

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

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