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Archive for ‘Practice of Law: Practice Management’

Looking at Life Through New Lenses

I got new lenses in my glasses this week. They’re called progressive, and I’m therefore trying my best to look at this sign of aging as a positive step forward.

As a first-time wearer of progressive lenses, I received a few helpful tips at the fitting:

  • Point with your nose – in other words, look with your whole face, not just your eyes or your view will be distorted
  • Keep your head vertically aligned or you’ll lose focus.
  • Avoid the sidelong glance – you’ll be looking outside the field of focus
  • When you look down, lower your chin so you
. . . [more]
Posted in: Miscellaneous, Practice of Law: Practice Management

Pre-Emptive Lawyering: What’s the Incentive?

Many lawyers entered the profession because of a desire to do good, to help people, to support the rule of law. That’s their motivation.

Once in the workplace, though, their primary incentive is the need to make a living. That space between motive and incentive can create some cognitive dissonance for those lawyers who can’t take on the cases they’d like to tackle, particularly if it’s a question of the would-be client’s inability to pay; or the fear that the return would not justify the investment of the lawyer’s time.

Richard Susskind, in a paper prepared for the CBA’s Legal . . . [more]

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

Lessons From the Road: On Being Engaged

Recently my friend and colleague (and fellow Slaw-yer) Joan Rataic-Lang and I spent five six weeks walking the historic pilgrimage route, the Camino Frances, which for us started in St. Jean Pied-de-Port, France, and carried us through the Pyrenees and across northern Spain–a total of 780 km. We learned many personal lessons along the way, but surprisingly we also learned many things that apply to work. I thought it time to start sharing some of what I learned.

Most days we got up at 6 am and started our walk at 7 am. Ideally we would have some yoghurt . . . [more]

Posted in: Legal Information: Information Management, Miscellaneous, Practice of Law: Practice Management

Bright Line Rule Remains the Standard for Canadian Conflicts of Interest Law

This morning, the Supreme Court of Canada handed down its fourth significant decision on conflicts of interest, the scope of duties of loyalty, and the appropriate division of responsibility between courts and law societies as regulators of professional conduct. It rejected arguments for liberalizing the so-called bright-line rule, but clarified its operation.

The case reopened the “bright-line rule” and the so-called “professional litigant exception, ” formulated by former Justice Ian Binnie in R. v. Neil, and re-affirmed in Strother v. 3464920 Canada Inc. It provides:

… a lawyer may not represent one client whose interests are directly adverse

. . . [more]
Posted in: Justice Issues, Practice of Law: Practice Management, Substantive Law: Judicial Decisions

Quebec Bar Association Wants the Right to Automatically Suspend Lawyers Facing Criminal Charges

The Quebec Bar Association (the Barreau du Québec) is seeking the legal right to automatically suspend lawyers facing serious criminal charges in connection with the exercise of their profession. The barreau expects to draft a Bill in conjunction with Quebec’s Office of Professions for the government to introduce in the legislature in 2014. The move is a response to the events of May 9, 2013, which saw three lawyers arrested and charged by the anti-corruption unit. These lawyers are under investigation for professional misconduct by the Syndic of the Quebec Bar Association (the bar’s disciplinary board).
Posted in: Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management

Manitoba’s New RST Rate (And Why It Might Matter to You)

Effective July 1, 2013 and for a ten-year period ending June 30, 2023, the Retail Sales Tax in Manitoba increases from 7% to 8%.

The change was announced in the 2013 Provincial Budget and requires amendment to The Retail Sales Tax Act. Those amendments were introduced April 17, 2013 as part of Bill 20The Manitoba Building and Renewal Funding and Fiscal Management Act. The Bill, which has proven controversial for the majority government, has passed Second Reading and is now in Committee stage.

The Transitional Rules relating to services provided by billable hour, such as legal and . . . [more]

Posted in: Practice of Law: Practice Management, Substantive Law: Legislation

The Small Business Squeeze

Technology is often cited as the game-changing factor in the future of the legal profession. There’s an endless parade of new devices, plus software is being developed that can do some of the work lawyers used to do. Legal entrepreneurs harness the power of the cloud to power new business models.

What it’s doing to the legal profession is just one side of the equation. For clients – actual and potential – rapidly changing technology can both expand their reach to consumers, and be a legal minefield.

People who conduct any part of their business over the internet, for example, . . . [more]

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

Introducing Men’s Voice Into the Parenting Debate

Work-life balance is easy for most young lawyers. Or perhaps just easier, as compared to older associates and partners. Despite the greater flexibility and control that comes with seniority in law, most people at this age also have significant family and parenting responsibilities that the majority of young lawyers do not.

It’s probably disconcerting for young lawyers to hear that the whirlwind of work they currently experience will only get more complicated with the introduction of children. The current assumption is that this becomes more bearable with the assistance of a supportive partner. But there are some who suggest this . . . [more]

Posted in: Practice of Law: Practice Management

Lessons From the Past

John Chisholm has a nice post about his father retiring after 59 years in the same Australian law firm; a feat that will likely never be matched in this era of modern law.

John’s piece however is not just an homage to his Dad, it’s also instructive for those of us practicing today.

As John notes, in the 1950’s, the 1960’s and even the early 1970’s,

There was no place for 10 redrafts of something, you had to get your letters right the first time as paper was money and there were no photocopiers or printers. ….

You took your

. . . [more]
Posted in: Practice of Law: Future of Practice, Practice of Law: Practice Management

Gunnercooke – a Truly Innovative UK Law Firm

There are many within the legal community who scoff at Twitter saying that “it’s as a useless piece of fluff”. However for those interested in learning about legal innovation and connecting with legal innovators around the globe, Twitter is indispensible. Everything that is happening globally in terms of legal transformation is shared on Twitter. Today I connected with another innovative law firm from the UK – gunnercooke.

Former general counsel Sarah Goulbourne got together over coffee with corporate lawyer Darryl Cooke in mid-2010 to chat about how a different legal model would have huge competitive advantage over existing . . . [more]

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

LSUC Places Stubbornness Above Sensible Decision-Making

I recently wrote a post that sparked a firestorm of comments; most felt that I had overstepped myself for daring to suggest that the Law Society of Upper Canada ignores obvious conflicts in connection with its operations. This week we have another LSUC conflict issue.

Canadian Lawyer Magazine has reported on the ongoing proceedings between LSUC and Joseph Groia. As you are aware, Joseph Groia was found guilty of misconduct by a LSUC disciplinary panel last summer and he is appealing that decision.

The panel that will hear the appeal is comprised of 5 benchers – one of which . . . [more]

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

The Future Is Now

With today’s release of The Future of Legal Services in Canada: Trends and Issues, the consultation phase of the CBA’s Legal Futures Initiative begins.

Trends and Issues puts data and insight from original research commissioned by the CBA into a single document meant to provide an overview of major challenges facing the profession. The report – and the questions it raises – form a starting point for discussions and further consultations with stakeholders in the legal services industry.

We’ve been showing you bits of those papers here, and on the interim Futures website, for the last seven weeks. If . . . [more]

Posted in: Announcements, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Marketing, Practice of Law: Practice Management, Reading, Reading: Recommended, Technology, Technology: Internet, Technology: Office Technology

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada