In recognition of Black History Month, I like to dedicate one blog post in February to a black person in the legal realm whose achievements deserve acknowledgement. This year, I selected Leonard Austin Braithwaite.

Following up on Omar’s recent post on an impending announcement from Heenan Blaikie regarding its future, the firm announced last night that it was winding up operations. This announcement has sent sent proverbial shockwaves through the legal community. It’s also made front-page headlines in many major newspaper across the country – something I haven’t seen before.

The Globe & Mail released an article last night and followed up with print articles this morning:

The firm said in a release late on Wednesday that an “orderly wind-up” will span several months and make it possible to “ensure a harmonious transfer” of

. . . [more]

I was surprised to receive a factum last week that omitted an overview statement. Most people now include an overview statement even though some Rules of Court do not expressly require one.

The overview statement is the most important part of any factum. Its purpose is to explain what the case is really about. Too short, or not enough context, and the first opportunity to persuade is lost. Too long, or not sufficiently focused, and the reader is left confused rather than primed to understand the subsequent argument.

When I am drafting a factum (or even a letter, or a . . . [more]

Cybercrime dangers are many, complex and ever-changing. Hardly a day goes by without another news report of a data breach or other cyber-related scam or theft. Cyber criminals have considerable resources and expertise, and can cause significant damage to their targets. Cyber criminals specifically target law firms as law firms regularly have funds in their trust accounts and client data that is often very valuable. This article, from the December 2013 issue of LAWPRO Magazine, reviews the specific cybercrime dangers law firms need to be concerned about, and how they can mitigate their risks.

Every law firm has huge . . . [more]

We haven’t mentioned this previously, and I only just discovered it this weekend: “Making Rain“, the business development practice management coaching video column from Canadian Lawyer Magazine, hosted by certified executive coach Debra Forman of Pinstripe Coaching. Started in March 2010, these brief monthly videos give practical advice on business development for lawyers.

In the latest episode, Forman provides twelve resolutions for the coming year (one for each month). This series is a worth a look.

The full series is available from the Canadian Lawyer video listing. . . . [more]

What is the scope of the advocate’s duty to act fearlessly in the conduct of a client’s case?

A hearing was in progress in the UK last week before a Bar Standards Board disciplinary tribunal over the way in which a barrister conducted a criminal defence.

The BSB has charged professional misconduct against the barrister.

Among the five charges is the fact that the barrister cautioned the jury to view the judge’s summing up as they might regard a salesman’s patter.

The defendant was convicted, and appealed on grounds including that his barrister’s conduct at trial was unprofessional and provocative . . . [more]

The national law firm of Heenan Blaikie is expected to make a huge announcement this week. We’re not quite sure what the details of the announcement it, but it will likely involve some form of restructuring, merger or dissolution of the firm.

Although we have several Slaw contributors who are this firm I expect they are unable to comment on this publicly. Yet it’s a big enough event that it will invariably lead to further discussions about the legal market in Toronto in years to come.

The rumours started on Thursday with the departure of several partners to other Bay . . . [more]

Behold the legal bombshell: 500-lawyer national firm Heenan Blaikie may be folding, or at the very least re-structuring as early as next week, according to The National Post and The Globe and Mail. It’s like the opening line of Adele’s booming Skyfall theme: “This is the end….” 

At Heenan Blaikie, Initial Public Offering (IPO) work, although lucrative, was down 80 per cent in 2013 from 2012, according to The National Post. The theory was faulty and the assumptions were flawed: firms can grow bigger and take marketshare away from other firms. In marketing, any category (law services, . . . [more]

There are lots of ways to stop being a dinosaur – there’s no need to wait for the meteorite.

Corinne Mucilli made the point in the latest CBA Futures Twitterchat on the topic of new forms of lawyer employment for the emerging legal market.

Host Jordan Furlong of Stem Legal encouraged participants to discuss whether the dominance of “lawyer jobs” is coming to a close, and to provide examples of future lawyer employment before offering up this mind-blowing opinion: “As far as I know, there’s no richer potential resource for new lawyer employment than the latent legal market. Create a . . . [more]

My class at University of Ottawa Law is now over. But the thoughts provoked in class hopefully are not. U of O has, probably more so than other Ontario law schools, a social justice/access to justice bent and I have been critical of the CBA’s recent Reaching Equal Justice Report mostly because it is unrealistic and provides little hope for change. So it was interesting for me to see two presentations by students that focussed on ideas that should have been part of that CBA Report.

One student presented ways in which gamification could be used in legal services. It . . . [more]

Why is it still so common to see a panel predominantly made up of middle-aged white male lawyers on the dais at a legal conference or CPD session? I noted this again at a legal conference I attended last week. Of course, there were exceptions – the panel of women in corporate counsel positions and the Aboriginal law panel, for example – but shouldn’t a gender balanced, diverse panel of speakers now be the rule, rather than the exception?

These questions have been roiling about my mind since last fall, when I read the numerous, thoughtful comments to my Slaw . . . [more]

Back in October, I wrote about a case where the plaintiff’s lawyer accepted an offer to settle from the defendant, knowing full well they had no instructions to do so, in the hopes that they could in turn convince their client to accept the (already accepted) offer.

When the plaintiff refused to accept the offer, the defendant brought a motion to enforce the settlement. Justice Price held, correctly, that it would not be fair in the circumstances to bind the plaintiff to an offer that her lawyer accepted without her instructions and dismissed the motion. In doing so, Justice Price . . . [more]