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Archive for ‘Practice of Law’

Of Law and Happiness

“Are we happy being lawyers?” That’s the question Nancy Levit and Douglas O. Linder tackle in The Happy Lawyer: Making a Good Life in the Law (Oxford University Press, 2010). Lawyers themselves, they have anticipated your next question:

What do you mean by “happy”? On a scale that runs from having root canals to a night of fine wines and sex on a tropical island, where does “unhappiness” turn into “happiness”? Do you mean “happy” right now as I write footnote 17 on this brief for Acme Investments or “happy” during the course of my ten-year legal career? … Also, . . . [more]

Posted in: Education & Training: Law Schools, Practice of Law, Reading: Recommended

The Opposite of ‘Inclusive’ Is ‘Incomplete’

Lawyers work in one of the least diverse professions in any country, Dr. Arin Reeves told the Monday morning plenary session at the 2013 CBA Legal Conference in Saskatoon. It was something the women and minorities in the largely white, male audience had probably already guessed.

And they no doubt nodded vigorously, or even silently applauded, when she said that “diversity” is not merely a matter of including a few people who don’t look like you on a team – it’s a matter of including them because you value their input, because you know they’ll bring something important to the . . . [more]

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

Technology in Legal Education – the Infographic

U.S. lawyer Stephanie Kimbro who writes about running virtual law practices shared an infographic she created last week with everyone — Technology in Legal Education (excerpt of the image below). It essentially shows why there is a need to teach law students and lawyers about technology, how the technology has been a “disruptive” force in the industry and its effect.

I especially like her outline of new roles people are playing in law firms today.

This is just an excerpt of her infographic. For the full graphic, visit her website Virtual Law Practice.

Hat tip ABA LTRC on Twitter. . . . [more]

Posted in: Education & Training, Practice of Law: Future of Practice, Practice of Law: Practice Management, Technology: Office Technology

Civil Justice Delay

My last post here before the summer break was on the OBA end of term speech by Alan Lenczner which lamented the condition of the Ontario civil justice system, and in particular, delays in obtaining hearing dates.

On 15 August the executive of the OBA civil litigation section passed a unanimous resolution to the effect that it believes the civil litigation system in Ontario is in “disarray”, that “corrective action is needed urgently” and requesting that the OBA Board and Council take immediate steps to address the matter effectively”.

The OBA has now established a Court Delay working group. Its . . . [more]

Posted in: Practice of Law

The Legal IT Professional of the Future

Little has been written about the role of Legal IT Professionals in the law firm of the future. Most commentary has focussed on the law firm as a whole, or on the role of lawyers in the firm. So let me break from the mould.

We live in a world where corporate clients view “process” as just as important as lawyering. In other words, quality is a given and is expected by clients. For corporate clients, quality gets your foot in the door, but better processes will differentiate the firm and seal the deal. As a result, it is foolish . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, Technology, Technology: Internet, Technology: Office Technology

The Groia Matter: Appeal and Interveners

Thanks to a comment Noel Semple on the legal ethics email list to which I belong, I was alerted to the fact that the Advocates’ Society has filed a factum as an intervener in the appeal by Joseph Groia of the finding against him of misconduct — “incivility,” principally — by the Law Society of Upper Canada. (See also the Advocates’ Society note on the matter.) The appeal has yet to be heard. The Advocates’ Society has also placed online Groia’s factum, that of the Canadian Civil Liberties Association as intervener and the respondent Law Society’s factum.

This . . . [more]

Posted in: Practice of Law

Legal Promiscuity: Choosing the Right Firm(s)

In a recent tweet, I was asked whether a company should use a big, medium or small law firm. In my opinion, the answer is “Yes”. In my time as in-house counsel at a company with operations in every province, I’ve learned that it’s essential to establish relationships with a number of law firms across the country, of various sizes, in all provinces. While it irritated me when I was in private practice, the era where a company was faithful to one firm for all legal services is over. Using multiple firms can be a very effective tool in managing . . . [more]

Posted in: Practice of Law

Service Level Earn Backs in Outsourcing: Thinking About the Issues

As service levels and service level credits have become a standard component of outsourcing agreements, service providers have responded with requests for earn backs: the right, if a specified level of performance is achieved, to earn back, or not have to pay, the service level credit. However, if earn backs are to be included in an outsourcing agreement as part of a service level regime, they need to be defined carefully at the beginning and integrated into the service level methodology: when they are included late in the game, as a concession granted by the customer in response to a . . . [more]

Posted in: Practice of Law, Substantive Law

The Importance of Being Early

This article is by Nora Rock, corporate writer and policy analyst at LAWPRO.

Punctuality is a virtue much pooh-poohed by a certain kind of lawyer – the kind who views her time as so exquisitely valuable that she must operate in a perpetual state of adrenaline-fueled urgency. Meeting starts at 9:00? If it’s only 8:56, there’s ample time to make an important phone call to get instructions from a different client (and ample time, during the meeting, to surreptitiously type notes about that call into her tablet). If the call runs late and she arrives at the meeting at 9:10, . . . [more]

Posted in: Practice of Law: Practice Management

Lawyers and Conflicts – the Myopia Continues

Yesterday, retired judge Dennis O’Connor resigned from heading up the Toronto Police use of force review. He did so because of a perceived conflict of interest over his role at Borden Ladner Gervais LLP; BLG represents the Toronto Police when they are sued.

According to the Toronto Sun, O’Connor said in a statement, “We were surprised by the objections raised by lawyers for some of the victims’ families to my conducting the review. We had thought that I could structure and conduct the review to satisfy any concern but apparently not….. I regret that this issue has arisen but . . . [more]

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

Where Are All the Women in the Future of Law?

Something has been bothering me lately about the discussions about the future of the legal profession. Maybe you’ve noticed it too? Where are the voices of women in this discussion?

There are a few of us paying attention to the issues but on the whole, I’d say women lawyers are not speaking up about what changes they’d like to see for the future of their profession.

Of course, we know that many women lawyers leave private practice early in their careers. I recently heard Allan Fineblit, CEO of The Law Society of Manitoba say that half of women lawyers are . . . [more]

Posted in: Practice of Law: Future of Practice

Got Any Bright Ideas?

Innovation will be a hallmark and creativity will be absolutely mandatory for lawyers and law firms hoping to succeed in the next decade and beyond, participants at a Futures Initiative-sponsored professional development session on innovation were told at the 2013 CBA Legal Conference in Saskatoon.

Innovation, creativity and perhaps the kind of regulatory change that made the U.K.’s Riverview Law possible.

Andy Daws, Riverview’s vice-president North America, says the 2007 Legal Services Act, which was designed to promote competition, innovation and the public and consumer interest, has made the U.K. “the world’s legal laboratory right now,” where experiments in ownership . . . [more]

Posted in: Practice of Law: Future of Practice

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