Yes it is possible.

And from it follows increased access to justice, as night follows day.

Re-reading Richard Susskind’s book “The End of Lawyers?” this weekend, I was struck by how straightforward it is.

Advocacy cannot be replaced by improved technology or outsourcing. It is like an element: it cannot be further reduced. Quality advocacy is the result of the proper analysis of facts, and preparation. It may be improved by experience, but the advocate must have dissected out what has to be proved, and must know the factual record cold. There are no shortcuts.

The client cannot expect to . . . [more]

If you took in the #articling discussions on twitter today, you’ll know that the debate has been postponed until November 22nd, and that the opinions on this issue are incredibly strong. Lawyers have obviously had a lot of time to reflect on the value of the articling process, what it provided them personally, and the value it provides to the profession. So intense were the discussions, that it trended in Canada on Twitter (in the number one position) for well over an hour.

I’d like to share a couple of random observations here, as a non-lawyer who has worked . . . [more]

What if a law society created an articling task force that canvassed the view of stakeholders over the course of many months, prepared an interim report, then a final report and then asked for a vote.

One would think that a vote would then take place, no?

No.

Today the Law Society of Upper Canada’s Bencher debate was hijacked by a group of Benchers who – wait for it – wanted even more time to study the issues and seek stakeholder input.

The climate of fear in Convocation was palpable as a number of Benchers seemed completely unprepared to vote . . . [more]

In September I wrote a post about a case in which Justice Brown voiced the need for Superior Court Judges to respond to the challenges and stresses confronting our civil litigation system. The major challenge being, according to Justice Brown, that demand for judicial time exceeds available supply.

In a decision released this month, Justice Brown decided to lead by example.

Justice Brown had scheduled a refusals motion for one hour. Once he received two factums totaling 56 pages, he emailed counsel and told them that if he determined that the materials were more reflective of a 3 hour . . . [more]

♫ Change
Now it’s time for change
Nothing stays the same
No it’s time for change… ♫

Lyrics and Music by Nikki Sixx, Donna McDaniel, recorded by Mötley Crüe.

On Oct 24-25, the second Canadian Forum on Court Technology will be held in Montreal. The challenge that this forum will be facing is how to bring about meaningful change to a dispute resolution process that has been resistant to change. Of course, the voices demanding increased access to justice and responsiveness to the needs of society are only getting louder. The factors for the courts to consider are . . . [more]

The Law Society of Upper Canada just released the final report of the Articling Task Force, Pathways to the Profession: A Roadmap for the Reform of Lawyer Licensing in Ontario. This Task Force was formed to address concerns about the articling program, and in particular relating to the growing number of unplaced licensing candidates. The report outlines a various options for adapting or changing the articling process, including ending the articling requirement as we otherwise know it today. Needless to say, this report and the future of articling have generated a lot of discussion and debate.
On October 25, . . . [more]

It was a year ago that I wrote the Slaw.ca post “Law Firm Merger Mania“, talking about the trend of law firms merging. Notably, we were seeing international firms merging to build a Canadian presence. It is interesting to check in again to see how/whether this trend is developing.

Canada’s Fasken Martineau expands into South Africa
Today we have news of a Canadian firm merging to build a larger international presence: I noticed the announcement on Twitter this morning that Fasken Martineau DuMoulin LLP has merged with 76 lawyer South African law firm Bell Dewar Inc. based in . . . [more]

In his 8 October speech entitled ‘Dissenting Judgments – Self Indulgence or Self Sacrifice’, Lord justice Kerr of the UK Supreme Court poses this interesting question: “Should the possible future utility of a dissent encourage, or should the apparent futility of a dissent deter an expression of disagreement with the majority? And should the circumstance that the dissent is to be expressed in a final court of appeal make a difference?”

Are dissents in courts of final appeal “poignant judicial tragedies” offensive to conventions of certainty and unanimity, as some commentators have said?

Do they weaken the effect of the . . . [more]

Today’s Wall Street Journal has an intriguing story on legal fees and the changes that a client-driven marketplace has had on the way that firms bill not merely for their professional fees, but also for disbursements.

For example, the article comments on ways in which technology has transformed processes which would previously have resulted in charges to clients:

To be sure, technology has swept some items off law firm bills entirely. Before the advent of email, law firms spent small fortunes on couriers to hustle documents across town or out to the airport. Lawyers now upload digital briefs and memos

The Law Society of Upper Canada (LSUC) is dealing with a highly contentious issue – the future of articling in Ontario. After consulting with stakeholders and reading submissions from across the province, Laurie Pawlitza, the former LSUC Treasurer described the feedback as “disparate” in the 2012 Canadian Bar Association (CBA) National Student edition.

The Articling Task Force released their Final Report this week, . A preliminary cost assessment of the minority view’s preliminary cost is also available. But what is the Law Society to do, with such polarized views on the subject?

Public engagement theory has steadily moved . . . [more]

On my recent trip to London, England, it was arranged for me to be part of a panel discussion at Middle Temple Hall, one of the oldest legal buildings in London. Indeed, the room in which I spoke (Parliament Chamber) hosted the very first performance of Twelfth Night in 1602. By way of background, Middle Temple is one of four Inns of Court in London that are able to call men and women to the Bar.

So there I was, at the beating old heart of the common law, criticizing the current model of legal services delivery; suggesting that it . . . [more]

Close on the heels of the e-filing changes in B.C., Ontario has released a new Practice Direction effective November 2, 2012 for the filing of electronic documents in civil appeals and judicial reviews in Divisional Court.

The initial release of the Practice Direction is available through the Ontario Bar Association (OBA). Although signed on October 3, 2012, it is still not listed on the Practice Direction website.

  . . . [more]