Clients with unrealistic expectations, complaints about legal costs and dissatisfaction with results achieved are just a few of the issues addressed in the recent report from the Legal Ombudsman of the United Kingdom, The Price of Separation: Divorce related legal complaints and their causes. While the concerns raised are not new to most lawyers in family practice, the Ombudsman takes a solution-focused approach that makes this report a valuable manual on client services in family law.  

The report is based upon complaints received by the Legal Ombudsman’s office in 2011-12, of which some 18% related to family law matters. . . . [more]

There’s a series of three articles over on Law.com’s Law Technology News that you might find interesting. D. Casey Flaherty, corporate counsel for Kia Motors America, came to the realization that the billable hour was often spent in . . . well, unnecessary ways. Particularly:

[T]echnological incompetence is endemic to the [legal] profession; and the quantity of resources wasted on busywork is shameful.

As a consequence he devised a test, an audit, of potential outside counsel for Kia, and has run it nine times. His articles (The Origin of the Outside Counsel Tech Audit, Kia Motors Tests Outside . . . [more]

I never considered the practice of law a dangerous occupation. I simply never thought of the potential dangers associated with practising law. But a blog post written by David Hyde, one of our authors on First Reference Talks, brought the whole issue to light and gave me an understanding of the nature and extent of the problem of violence and threats in the legal profession. I thought his insights into the problem would be of interest to the legal community, and decided to republish it here on Slaw.

The ABS debate continues among many Canadian provinces. The Law Society of British Columbia has already made the same mistake as the American Bar Association recently made by declining to allow outside investment in law firms. One of LSBC’s reasons was that local lawyers didn’t feel a need for it; this reminds me of a comment made by a lawyer in the UK and likely echoed by some in Canada, “We’re smart people. If there was a better way to do things we would have already figured it out.” Or to more bluntly put it, LSBC’s rationale is like asking . . . [more]

Most lawsuits end in one of two ways; the court makes a determination on the merits (whether it be a trial or by way of motion), or the parties reach a settlement.

However, there is a provision in our Rules of Civil Procedure that permits a plaintiff to unilaterally discontinue its lawsuit against a defendant, provided the lawsuit has not advanced past the stage of exchanging the claim and the defences (known more technically as the “close of pleadings”).

Even where the plaintiff unilaterally discontinues its claim, the defendant is entitled to ask the court for some of the legal . . . [more]

“Once you learn to read, you will be forever free.” ― Frederick Douglass

February is I Love to Read month in Manitoba and this week, a number of Manitoba lawyers are practicing reading aloud while collecting pledges and gathering books to donate as part of Lawyers for Literacy.

The 3^rd annual Lawyers for Literacy event on February 23 is sponsored by the Law Society of Manitoba, in support of the work of West Broadway Youth Outreach. WBYO is a small non-profit operating in Winnipeg’s West Broadway neighbourhood to provide after school and evening recreational opportunities to local . . . [more]

When was the last time you tweaked or updated your LinkedIn profile? Unfortunately, “never” or “not recently” is the most probable answer for the majority of lawyers. In a day and age where almost every prospective or new client will check you out online, a solid LinkedIn profile is one of the key foundations to an online social brand. And if you are not otherwise active on the web or in social media, it is the one place you probably should be.
For those that would like to tweak their LinkedIn profile, a hat tip to Ernie Svenson for pointing . . . [more]

On February 7, 2013, LegalForce opened up a three-level retail store called BookFlip, in Palo Alto, California, that sells books, holds classes and connects customers with attorneys for legal advice.

The Vancouver Sun recently described the issue of insufficient access to justice in British Columbia as a “fast-approaching cliff” and urged the Law Society of British Columbia to lead efforts to address the problem.

That article reminded me of the oft-cited metaphor used by Richard Susskind in describing legal services as providing either a fence at the top of a cliff or an ambulance at the bottom.

The United Nations’ Commission on Legal Empowerment of the Poor, in its’ 2008 report Making the Law Work For Everyone identified access to justice as one of four pillars to legal empowerment of . . . [more]

The American Bar Association’s Task Force on the Future of the Legal Education met this past weekend to discuss what is seen as an urgent need for bold changes in the legal education in the United States, as reported in a New York Times article. 

According to this article, some of the suggested changes are described as follows:

Many recommended reducing the core of law school to two years from three to cut costs. Others suggested that college juniors should be encouraged to go directly to law school, the bar exam should be simplified, accreditation standards should be relaxed

. . . [more]

[Part 1, last week, questioned the propriety of law societies’ exclusive control of their monopoly over the provision of legal services, and their prosecution of offences of “the unauthorized practice of law,” given the many reports documenting the fact that the majority of the population cannot afford legal services at reasonable cost, particularly so for litigation. It set out five reasons that the lawyer’s monopoly over the provision of legal services depends upon the legal profession’s performing all legal services covered by that monopoly at reasonable cost. The list of reasons continues here.]

Yesterday morning, I was in Dallas, giving a presentation to members of the National Association of Bar Executives (NABE), which brings together the professional staff leaders of both voluntary and mandatory bar associations across the U.S. (and occasionally Canada, although there were no Canadians at this meeting).

I spoke to the NABE conference about the future of bar associations and suggested a number of new themes or pillars upon which 21st-century bar associations could be built. One of these was “aspiration” — my belief that most lawyers aspire to the law as a higher calling; they deeply appreciate and cherish . . . [more]