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Archive for ‘Practice of Law’

A Civil Litigator’s iPad Toolbox

I love my iPad mini. I have been using it for just over one year. It has proved to be tremendously helpful in my civil litigation practice.

There are hundreds of similar pieces about “ipad apps for lawyers.” This is a simple setup that works for me. 

My basic tools are PDF Converter and PDF Expert.

I use the PDF Converter app to convert Word documents into PDFs so that I can annotate them using the PDF expert app.

Using the PDF expert app, I can mark up any PDF document. I can highlight it, put text annotations, arrows, . . . [more]

Posted in: Practice of Law

May Lawyers Advise Clients to ‘Clean Up’ Social Media Pages?

The question relates to the discoverability of social media information and whether having something on a ‘private’ page makes any difference. Case law has dealt with this too. My own summary is that any document relevant to civil litigation has to be disclosed by a party, wherever it is and however private it is. However, the opposing party will not be given free access to fish among private documents on mere speculation that there is something relevant there.

Once lawyers know this (and presumably most litigation lawyers now do), can they advise their clients to move stuff to private sections . . . [more]

Posted in: Practice of Law, Technology: Internet, ulc_ecomm_list

Baby Lawyers and First Steps

What sort of skills would you like to see besides “traditional lawyer skills” included in new lawyer training? That was the first question asked in the CBA Futures Initiative’s afternoon Twitterchat Wednesday, hosted by Sarah Glassmeyer, Director of Content for CALI, the Center for Computer-Assisted Legal Instruction, in Chicago, in a wide-ranging discussion on how, what, and where to train new lawyers.

One of the first responses came from Karen Dyck, a freelance lawyer in Winnipeg and member of the Legal Futures Initiative’s Steering Committee. “Essential is communications, i.e., listening, restating, clear writing and speech, avoiding miscommunications.

“Interesting that you . . . [more]

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

A Matter of Trust

What distinguishes a licensed, practising lawyer from another unlicensed legal professional?

Many will say that the answer is trust. The lawyer has duties and obligations to their client pursuant to a professional code of ethics and the profession’s regulatory scheme. A regulated lawyer has professional liability insurance coverage (mandatory in Canada) and is also “covered” for theft by their local compensation fund.

Clients can rely on those structures to protect them from lawyer’s mistakes, misdeeds and misappropriations. They can place their trust in their lawyer, and failing that, the lawyer’s regulator, liability insurer and compensation fund.

I was reminded of . . . [more]

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

LSUC Makes Minutes and Transcripts of Convocation Available Online

Thanks to the work of Corporate Records & Archives and the Great Library, the Law Society of Upper Canada has made the minutes and transcripts of Convocation available online as a searchable and browsable database. According to LSUC Archivist Paul Leatherdale, “The site contains the public versions of the Minutes of Convocation from April 1988 to the present, and the public Transcripts of Convocation from September 1991 to the present.” . . . [more]

Posted in: Legal Information: Libraries & Research, Practice of Law

LSUC’s Professional Regulation Committee Reports on Alternative Business Structures

The Professional Regulation Committee, in the form of the Alternative Business Structures Working Group, of the Law Society of Upper Canada has just submitted a Report to Convocation on the subject of alternative business structures. In all, though I’ve not had time to fully review the report, it’s quite positive about new business structures and recommends that Convocation explore various models and the rules necessary to implement and control them. This from the executive summary:

Conclusion and Recommendation: The Working Group concluded that there are negative consequences inherent in current regulatory limitations on the delivery of legal services in

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

Legal Thought Leaders Needed for Only $15,000

A few months ago I questioned whether there was any worth in a lawyer paying for an enhanced profile on legal lists.

I got a call recently that topped that concept.

The call was from a publisher in England. They started off by talking about their publication read by thousands of CEOs around the world. And an upcoming edition that was going to feature a global CEO survey on social media risk from a major accounting firm. They did their best to promote this as a high profile publication.

Then they said they wanted to do a companion article to . . . [more]

Posted in: Practice of Law: Marketing

Candor as Advocacy

Too often, litigation disputes are like two ships passing in the night. The first salvo describes in great detail the relevant facts and applicable law. The opponent’s response then covers the very same ground, emphasizing the facts and law that are favourable to it – often with very little to no references to the opponent’s points of view.

Our goal as advocates is to advance our client’s case as effectively as possible. Unlike advocates, though, a judge’s job is to balance the different points of view to reach the best result. The judge needs help to decide who is right . . . [more]

Posted in: Practice of Law

The Civil Injunction Cheat Sheet

Injunctions are a powerful remedy that are sought and granted in a wide range of disputes.

An employer might seek an injunction to stop a former employee from soliciting the employer’s clients. A business may seek an injunction to stop a competitor from unfairly using a registered trademark. Your neighbour may seek an injunction to stop you from cutting down that hideous tree in your back yard that provides oh-so-much shade and privacy for your neighbour, or perhaps they may seek a mandatory order requiring you to cut down that same hideous tree that they view as an eye-sore.

A . . . [more]

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

Let’s Chat About New Lawyer Training

It’s a standard trope in any discussion of legal education that law students are not prepared to practice law immediately after graduation. While efforts are being made by some law schools to change their curriculums to graduate “practice ready” students, the great majority of “lawyer training” (as opposed to “legal education”) occurs in an attorney’s first few years of practice. Formal, informal, in-house and external…new lawyer training takes many forms and has many contributors. This month’s CBA Futures twitter chat is going to talk about them all.

As an American, I’ve been fascinated with the Canadian articling system. A common . . . [more]

Posted in: Education & Training, Practice of Law: Future of Practice

CBA Legal Futures Initiative Consultation Report Available

The Canadian Bar Association has today released its Legal Futures Initiative Report on the Consultation. The Initiatives project began consulting with the various stakeholders in June of last year, and the resulting report:

describes what the Legal Futures Initiative heard from stakeholders about the experience of being a lawyer in a changing environment, evolving client relationships, and views on the future. This is all synthesized to provide the key themes and novel ideas that emerged.

The final report of the Legal Futures Initiative is expected in August of 2014.

As might have been expected from a profession so diverse . . . [more]

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

In Memoriam of Milt Zwicker…

♫ Only made me more focused, only wrote more potent..♫

Lyrics and music by Kanye West, Aldrin Davis, recorded by Kanye West.

Milton Wedman Zwicker or just “Milt” as he liked to be known, was the retired managing partner of Zwicker Evans & Lewis, an Ontario law firm. His law practice was restricted to business and commercial law and estate planning. He was the author of many articles and books on the subject of law firm management, and he was a past member of the editorial board of Law Practice Management magazine (as it then was known) published by the . . . [more]

Posted in: Practice of Law: Marketing

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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