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Archive for ‘Practice of Law: Practice Management’

Weak Language vs Overconfidence

There’s an interesting article in the latest issue of Forbes Magazine on the Worst Words to Say at Work. For quick reference, those words are: “try”, “whatever”, “maybe” and “I don’t know”, “I’ll get back to you”, “If”, “yes, but…”, “I guess”, and “we’ll see…”.

It’s an interesting list. But I have to say, there’s a time and place for everything – including weak language. Far too often, and especially in the legal profession, command and control personalities leave a wake of unproductive business operations behind them. Workplaces that are so scared to cause waves, the ability of employees . . . [more]

Posted in: Practice of Law: Practice Management

Peg Duncan’s Canadian Focused E-Discovery Reading List and Case Law Digest Updated

Updated versions of Peg Duncan’s amazing Canadian focused e-discovery reading list and case law digests have just been posted, respectively, on the e-discovery page on practicePRO’s website and on the Ontario Bar Association’s site. Both are extremely helpful resources for lawyers that need to deal with electronic discovery related issues.

Cross posted on Avoid a Claim . . . [more]

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

Huge Canadian Mortgage Fraud…

♬ Everything is not what it seems
When you can get what you want by the simplest of means
Be careful not to mess with the balance of things
Because everything is not what it seems…♬

Lyrics and music by: John R. Adair, Ryan David Elder, Bradley Jay Hamilton, Stephen R. Hampton, recorded by: Selena Gomez.

CBC News on May 4, 2010 in an on-line article entitled: “Bank of Montreal alleges huge mortgage fraud” reported on a potential $30 million mortage/real estate fraud in Alberta.

The article is disturbing, as the size of the fraud and . . . [more]

Posted in: Practice of Law: Practice Management

Update on Work of CBA Task Force on Conflicts

The CBA Task Force continues to work to help the profession with conflicts issues.

On top of the original report and the amended model code of conduct, there is the excellent collection of precedent documents and checklists in the CBA Conflicts Task Force Toolkit. A full list of the documents in the toolkit is here. I am a member of the Task Force did a lot of work on the Toolkit. I think it is truly a fantastic collection of resources that can help lawyers avoid conflicts of interest claims.

There is also an overview and list of . . . [more]

Posted in: Practice of Law: Practice Management

Distracted Lawyering

A couple of waves aligned in my universe today:

Ernie’s article (I will address him by first name since frequently reading his good stuff makes me feel like we are close friends) mentioned his experience with a class of law students he was presenting information to:

Almost all of them had a laptop in front of

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

Legal Aid Ontario Cutting Funding in Civil Cases

About 600 legal aid certificates are typically given out a year for civil cases in Ontario, a practice that appears to have ended.

The Toronto Star reports that starting April 1 coverage was eliminated for a number of claims including, “lawsuits seeking damages for abuse, claims for reinstatement of disability insurance, malicious prosecution, assault or wrongful detention, mortgage actions and personal injury claims…”

Kristian Justesen, a spokesperson for Legal Aid Ontario, has indicated that contingency fee arrangements in the province allow lawyers to take on these cases as an alternative to legal aid, and that funding was often . . . [more]

Posted in: Practice of Law: Practice Management

Plan for Success With a Law Firm Business Plan Precedent and Sample Budget

It was great to be quoted on the benefits for law firms of having a business plan in the April 2, 2010 Lawyers Weekly

There is great advice in this article. Unfortunately, it fails to mention that practicePRO also provides lawyers a sample law firm business plan (in Word) and a law firm budget template (an Excel spreadsheet). PDFs of both documents are also available, and all can be found on our Precedent Documents and Retainers page.

New and established lawyers alike can use these documents to plan for a more successful future.

Cross posted on Avoid A . . . [more]

Posted in: Practice of Law: Practice Management, Technology: Office Technology

Lord Justice Jackson’s Final Report on Civil Costs

♫ Strike with the strongest hand
Search from the sharpest eye
Pull from the greater
Side of your mind
Tear down the wall that’s stuck
In between soul and mind
Watch as the worlds collide…♫

Lyrics, music and recorded by Broken Iris.

The forward of Lord Justice Jackson’s final report on his Review of Civil Litigation Costs in the UK states as follows:

In some areas of civil litigation costs are disproportionate and impede access to
justice. I therefore propose a coherent package of interlocking reforms, designed to control costs and promote access to justice.

So begins a comprehensive . . . [more]

Posted in: Practice of Law: Practice Management

How to Take Your Law Firm Paperless

Luigi Benetton gives some tips on how to properly go paperless at The Lawyers Weekly,

If a clean desk is a clean mind, what do the papers on your desk say about your mind?

Increasingly, lawyers answer that question by replacing piles of paper with that most prominent of paperless-office machines, the scanner.

While critics argue that you’ll find paperless offices when you find paperless restrooms, the misnomer hasn’t prevented people from reducing the amount of paper they use, nor from sharing their experiences and lessons learned along the way.

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

Commercial Documentation Automation Systems Available Soon in Canada

Legal Systematics is in the process of launching a series of practice systems, initially aimed at the Canadian market. The line of products, dubbed SpeedMatters, currently includes systems for accident benefits, small claims and real estate. Systems for estate planning and motor vehicle litigation are in the works, and products for other practice areas will follow. Heritage Law is assisting with the drafting of the estate planning documents.

Web-based versions of these products will be available and integration with Time Matters is also supported. These systems are designed to help lawyers be more efficient in their work, particularly when it . . . [more]

Posted in: Practice of Law: Practice Management, Technology: Office Technology

SCC’s New Guidance for Lawyers on Withdrawal From Representation

The Supreme Court of Canada this morning told the Canadian legal profession of its obligations to continue to provide services when the money runs out, when it handed down its decision in the Cunningham case.

Jennie Cunningham was a lawyer working for the Yukon Legal Aid Services Society. Her client had been charged with three sexual assault offences against a six-year-old girl. Legal Aid found out that the accused was working but had not reported his income. So they dropped him from coverage. The client couldn’t pay. So Cunningham asked the Territorial Court in charge of the criminal proceedings . . . [more]

Posted in: Practice of Law: Practice Management, Substantive Law: Judicial Decisions

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