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Archive for ‘Practice of Law’

A Mention of a Google Alerts Alternative

Another Google product which may soon disappear is Google Alerts. Alerts are absolutely essential to keep track of a brand or an issue online, especially for crisis communication and reputation management. It’s important for lawyers dealing with these issues to identify web mentions as they occur and to respond proactively as needed.

Unfortunately I haven’t been pleased with the service for several years, noting the results were spotty and largely incomplete. Although I don’t have enormous “Google trust issues,” I have been looking for years for an effective alternative to Alerts without much success. Danny Sullivan at . . . [more]

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

The Ugly Side of Legal Blogs

It is astonishing to me that there are practising lawyers who take time away from helping clients to write (often foul-mouthed) blogs and comments attacking those who advocate different ways to deliver legal services. In the minds of these attackers, we have “666” tattooed to the backs of our heads.

The old saying, “Is this the hill I want to die on?” comes to mind for those with boundless energy to expend trash-talking people who think differently.

It’s as if the attackers don’t follow what’s happening in the world around them (which is also exceptionally poor risk management):

Megan Seto . . . [more]

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

Amending the Professional Code With Respect to Disciplinary Justice

In light of the ongoing revelations at the Commission Charbonneau and recommendations from l'Office des professions et du Conseil interprofessionnel du Québec, on February 13, 2013, the Quebec government tabled Bill 17, An Act to Amend the Professional Code With Respect to Disciplinary Justice to improve the effectiveness of professional disciplinary boards and to reform how they issue disciplinary measures when a complaint against a professional is made.
Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

EU Goes for ODR

The European Union is adopting regulations on alternative dispute resolution (ADR) and online dispute resolution (ODR), according to a press release and associated documents, including a draft ODR regulation. This is aimed at consumer e-commerce in particular.

I have not yet found in the documents answers to some questions that occur to me off the cuff. (The answers may be in there somewhere – feel free to provide via comments.)

  • Who pays? It appears to be taxpayer-funded, rather than relying on user fees. There is mention of a cost of 4.6 million Euros (annually?).
  • What law applies? This list
. . . [more]
Posted in: Practice of Law, Substantive Law: Foreign Law, ulc_ecomm_list

From Full Mobility to Outside Investment?

On February 28, 2013, the Law Society of Upper Canada became the first Canadian law society to ratify the national mobility provisions allowing for full and permanent mobility of lawyers between Ontario and Quebec.

Most Canadians will be forgiven for failing to be as joyful as the Benchers were that day, as the agreement does much to enhance lawyer mobility (and hence fee-earning capability), but does nothing to address access to justice.

The Law Times piece on this matter was done by Yamri Taddese and can be found here.

How much better it would have been if Benchers had . . . [more]

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

A Teaching Hospital for Law School Graduates

After a visit to the Mayo Clinic, the dean of the Sandra Day O’Connor College of Law at Arizona State University decided that there was a need for a “teaching hospital” for law school graduates to gain experience and learn their trade while being assisted by experienced lawyers. Thus, this summer, Arizona State is setting up a non-profit law firm for some of its graduates to work under seasoned lawyers and be paid to provide a wide range of services at relatively low cost to the residents of Phoenix.
Posted in: Education & Training, Education & Training: Law Schools, Practice of Law, Practice of Law: Future of Practice

Facing Our Vulnerability

When we were children, we used to think that when we were grown-up we would no longer be vulnerable. But to grow up is to accept vulnerability… To be alive is to be vulnerable.

– Madeleine L’Engle

The release of Canada’s national mental health strategy Changing Directions, Changing Lives last year served as a reminder that we are all, even lawyers, vulnerable to the effects of mental illness.

In today’s knowledge based workforce, the effects of mental illness are felt not only by individuals and their families, but also the economy. The impacts of mental illness may be further compounded . . . [more]

Posted in: Practice of Law: Practice Management

How “Summary” Is Summary Judgment?

Taking a case to trial is a long and expensive journey. Even the most assertive plaintiffs and their counsel may struggle to move a lawsuit forward quickly due to unresponsive defendants, scheduling difficulties and limited court availability.

For this reason, our Rules of Civil Procedure provide for the option of a summary judgment motion, which allows the moving party to proceed “directly” to a judge and make a pitch that this particular case can be decided by a motion judge and does not require a full trial. Cases most suited for summary judgment are those which have little or no . . . [more]

Posted in: Practice of Law

Social Media Policy Template for Lawyers

I was doing some research into social media policy examples for a course, and came across Jaffe PR’s Social Media Policy Template for Law Firms and Attorneys. It is available for use and adaptation by lawyers and firms. Last updated in November 2012, this template was first published in 2008 and has been updated a number of times over the years as social media has developed.

From the introduction:

At Jaffe PR, we have made our best effort to outline a comprehensive set of online policies and procedures for using social media effectively and responsibly. This is our fifth

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

Legal Innovator’s Round Table

Having coffee one day with Mitch Kowalski, whom I met through these pages, the idea bubbled up of regular informal meetings of like-minded legal professionals interested in delivering legal services in a way that suits the 21st Century – not the 19th.

No agendas, no speakers, no membership lists — just a regular place and time for people to drop in and chat about what we’re doing, following or finding in our efforts to make the legal profession more like a modern business.

Mitch took the important step of actually organizing it. The first meeting took place . . . [more]

Posted in: Practice of Law: Future of Practice

De-Constructing Legal Services

Last Fall, I read an article about the General Counsel for Kia who creates tests for his external legal counsel. The tests have nothing to do with law and everything to do with process. In one test, external counsel should have taken 20 minutes to complete a mundane task using an excel spreadsheet. The average time taken by Kia’s nine outside law firms? Five hours. Simon Fodden also has a great piece on this, here.

There are many takeaways from this, but an important one is that its shows that lawyers are not always the most efficient personnel . . . [more]

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

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