The following article from the August 2012 issue of LAWPRO Magazine introduces LAWPRO’s new domestic contract matter toolkit. The toolkit can be downloaded in full or in part at www.practicepro.ca/checklists

Between 2007 and 2011, 830 family law claims were reported to LAWPRO. These claims are costly. Resolving them will cost LAWPRO approximately $21 million. Some of these claims arose due to real (or alleged) problems with domestic contract matters. That is the bad news.

Domestic contracts are complex documents that deal with complicated issues involving emotional clients. The dangers are real and there are many places that errors can . . . [more]

Bob Tarantino wrote an interesting piece for the National Post recently which commented on the fact that legal fees have become so ridiculously high that even a former Attorney General of Ontario has problems paying the legal fees associated with his self-inflicted legal woes. Bob and I entered into a good-natured Twitter chat in which I pointed out that the former AG did not have my sympathy as he freely chose his legal service providers and likely could have found less expensive personnel to achieve the same result.

That access to justice is impeded by high legal fees is, like . . . [more]

A Toronto lawyer has reported to LAWPRO that almost $80,000 was removed from his trust account over the last four days by a series of 10 fake cheques. The fraud was discovered when a bank reconciliation was done this morning (Wednesday). All was fine when a bank reconciliation was done last Friday. The cheques were obvious copies of the firm’s trust cheques (cheque numbers were not in sequence and different). The cheques were used to pay off credit cards and 2 were payable to a specific individual. It is not known how the fraudster obtained information about the lawyer’s trust . . . [more]

Jordan Furlong published a good piece today about the importance of fact checking for blogging lawyers, and “…the enormous damage you could do to your reputation by producing inaccurate or insufficiently credited material.”

He says in part:

But you need to be careful about exaggerations: overstating what a case means or what a lawyer said, overemphasizing a warning or a guideline for dramatic effect, that sort of thing. If you get called out by a commenter or another blogger for exaggeration, it will make readers doubt the veracity of everything else you’ve said. The sexy headline or sound bite just . . . [more]

One of the interesting developments during the summer slowdown we failed to note here on Slaw was the BC Court of Appeal decision in John McCormick’s case against Fasken Martineau. McCormick is an equity partner in Fasken’s Vancouver office who resisted the mandatory retirement at age 65 required by the partnership agreement, arguing that it contravened the BC Human Rights Code’s prohibition on age discrimination with respect to employees. The critical hinge to his action is whether an equity partner in a law firm should be regarded as an “employee” for the purposes of the Code, thus giving the Human . . . [more]

The more I discuss change in the legal profession, the more the same question is asked of me: what will drive the change than many in the profession agree is long overdue. And when I say “many in the profession,” I mean young lawyers. The established, older set of partners in charge of many of this country’s firms have no reason to change what they are doing and are simply eyeing the finish line of their careers. Add to that, the fact that large established firms are weighed down with legacy IT systems, as well as an antiquated partnership and . . . [more]

♬ Now you need to publish every movement And every single thought to cross your mind
I’m told the Twitterverse is full of rubbish But most of us are actually quite refined
We validate each other’s insecurities And brag about the gadgets that we’ve bought
We laugh out loud at every hint of jolliness And try to self-promote without being caught
You’re no one if you’re not on Twitter…♬

Lyrics and music by Ben Walker.

On Monday Aug 13, the Canadian Judges Forum together with the Canadian Bar Association at the Canadian Legal Conference in Vancouver BC, held a . . . [more]

First, an important proviso. Numbers don’t actually matter.

And yet we all obsess over metrics, especially law firms trying to determine some form of ROI for entering the social media space. Largely by default and in part by design, the leading site emerging for tracking social media influence is Klout. Other sites include PeerIndex and Kred.

CEO and Klout Founder Joe Fernandez  told Forbes,

Klout is basically your social credit score. Consumers should care because it affects the way employers, companies and everyone looks at your ability to spread information as a critical part of the

A number of blogs in the United Kingdom are reporting that guidelines regarding blogging by members of the judiciary in England and Wales have come down from the Judicial Office. See here for a blog article found on The Guardian‘s website that recaps the situation and provides an interesting commentary.

According to these guidelines, which have not been made available to the public, when blogging, magistrates and judges must not identify themselves as members of the judiciary and must avoid making comments that could damage the public’s confidence in the judiciary.

This last part is not particularly surprising. Judges . . . [more]

For a variety of reasons, lawsuits tend to drag on for a very long period of time. It is the plaintiff’s obligation to move the lawsuit forward. When acting for a defendant in a case that has dragged on (through no fault of the defendant), I am often asked whether we can ask the Court to have the lawsuit dismissed for delay. I tell my clients that they can bring a motion to dismiss the action for delay (provided one of the enumerated procedural defaults have occurred), but that winning such motions are extremely difficult. The governing principle taken by . . . [more]

The new issue of LAWPRO Magazine includes an article entitled Diversify without dabbling: before expanding your practice, expand your competence!. It looks at how how lawyers who are considering expanding the scope of their practice can do so safely and avoid a malpractice claim (dabbling outside one’s comfort zone is often a cause of claims). Watch for the full version of this article at www.lawpro.ca/magazine.

Here are five tips from the article on how to expand your practice skills safely.

1. Expand purposefully
If you decide to expand your scope of practice, make sure that the decision to . . . [more]