Canada’s online legal magazine.

Advice to a Leadership Successor

Early in July I launched Law Firm Leaders – the ONLY group on Linkedin exclusively for and populated by firm chairs, managing partners, and a few qualified executive committee members of (primarily U.S.) firms with over 100 lawyers in size. With an initial membership of over 60 law firm leaders, this question from my colleague, Brian Burke, quickly became one of the most popular, generating numerous responses:

As you think back over your years of service as a managing partner, as you think about some of the leadership lessons that you’ve learned (perhaps some through trials of fire), what one . . . [more]

Posted in: Practice of Law

Distracting Technologies

Since I am on vacation this week, I have been spending extra time with distracting technology like Google Plus. Another example of distracting technology is the D5 Cat that is moving clay and top soil on the Mireau Farmette at this very moment. It is very distracting attempting to compse a coherent Slaw post when there is a piece of heavy equipment appearing out the window at frequent regular intervals and a shovel waiting to be (wo)maned for the finishing work.

We, and I mean me, frequently define technology in its most circuit related form. In our modern world where . . . [more]

Posted in: Technology

Mandatory Family Mediation Information Session

The province of Ontario will now require divorcing couples to attend an information session on mediation, which will be necessary before their proceedings can go forward. This information session is meant to provide alternatives to the court system in the hopes that it will alleviate the heavy caseloads many courthouses are facing.

As reported by Ms. Kathryn Blaze Carlson in the National Post:

By mandating the information session, and by subsidizing mediation for couples who choose to forgo litigation, Ontario has joined an international push toward mediation and away from costly, time-consuming and oftentimes nasty litigation. Britain and New

. . . [more]
Posted in: Miscellaneous, Substantive Law: Legislation

Virtualization and Cloud Computing: Benefits and E-Discovery Implications

What exactly is virtualization and why is there so much buzz about it these days? Virtualization can occur in many forms, but most initially think of using virtualization to consolidate servers into a single hardware platform. Essentially, you can run multiple servers on a single piece of hardware, where each “server” has its own memory “footprint” within the host machine. Servers are the most common devices when firms embark down the virtualization path. There are many other forms of virtualization such as desktop, network and storage virtualization. Desktop virtualizations occur in the larger firms all the way down to solos. . . . [more]

Posted in: Legal Technology

Unanticipated Consequences

or, as ever, be careful what you ask for, and from whom you ask it.

or, paraphrasing a certain English r&r band, you may not always get what you want, but you’ll sometimes get what you need.

Like the Buckley commercial says, though, you may not like the taste. (I have no idea how it tastes, since I’ve never tried it.)

Pennyfeather v. Timminco Limited, 2011 ONSC 4257 (July 13, 2011)

(Perell J.)

[1] The Defendants, Timminco Ltd., Dr. Heinz Schimmelbusch, Robert Dietrich, Rene Boisvert, Arthur R. Spector, Jack L. Messman, John C. Fox, Michael D. Winfield and Mickey M. . . . [more]

Posted in: Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

New Librarian News Digest

Law library consultant Nina Platt is the editor of the new PinHawk News free daily email alert service for law librarians, the Librarian News Digest.

From the inaugural issue:

Welcome to the first issue of the daily Librarian News Digest, a free digest of news from publications and blogs on the internet that focus on topics of importance to librarians. As editor of Librarian News Digest, my goal is to track pertinent news and select what’s most important to you as a librarian. Expect to see news and ideas that help you manage, acquire, organize, research, and market your

. . . [more]
Posted in: Legal Information, Legal Information: Information Management, Legal Information: Libraries & Research, Legal Information: Publishing, Reading

Responses to ABA, North Carolina Proposals RE: Cloud Computing

Back in May I wrote about two sets of proposals that may impact the adoption of cloud computing technology among lawyers.

The first set of proposals comes from the ABA Commission on Ethics 20/20, which has issued an initial set of draft proposals addressing lawyers’ confidentiality-related obligations when using technology. The second set of proposals comes from the North Carolina State Bar in the form of in Proposed 2011 Formal Ethics Opinion 6 – Subscribing to Software as a Service While Fulfilling the Duties of Confidentiality and Preservation of Client Property.

Last week the comment periods for both proposals . . . [more]

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

Five Activities Generally Not Covered by Your Malpractice Policy

On occasion, lawyers have engaged in activities that have made them front-page news, subject to embarrassment and possibly lawsuits or discipline complaints. Not only can this kind of attention be bad for a lawyer’s reputation, it can also damage or even destroy client relationships.

That’s reason enough to be aware of and avoid activities that could lead to these types of outcomes. But there is another – equally if not more compelling – reason to avoid them: In some instances, it may be the law firm, not LAWPRO (or your own malpractice carrier if you are outside Ontario), that foots . . . [more]

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

PR, Journalism, and Law – News Corp’s Situation Storified

Lawyers and law firms have a complex relationship with journalism and public relations, I’d say: control, reputation, social positioning — power, if you will — all these can intersect in interesting ways for this trio of influence- and word-mongers. The recent brouhaha in Britain over the News of the World and Murdoch’s News Corp. phone hacking mess illustrates some of the less happy aspects of this interaction. Normally, we here at Slaw would be more focused on the legalities; but I think it’s enlightening, for a change, to look at this scandal from the public relations point of view, and . . . [more]

Posted in: Miscellaneous, Practice of Law, Reading: Recommended

Mediation in the Caribbean

As lawyers know, between the lengthy process and the various complexities that are inevitable within the traditional legal system, many people become discouraged with their attempts to obtain justice. As others have suggested, alternative dispute resolution mechanisms, specifically mediation, may offer the needed solution to for this lack of efficient access to justice. Rather than aiming to replace the established system, however, these mechanisms work in parallel with it.

Many non-governmental organisations here and abroad have realized the overwhelming inefficiency of the existing traditional legal system in the countries in which they are based. This is the reason many projects . . . [more]

Posted in: Practice of Law

Bogus Car Insurance Scams Revealed

This week Michele Henry at the Toronto Star revealed the existence of an estimated $1.3 billion car insurance scam operating in the Toronto region,

Doctors, chiropractors and physiotherapists are unwitting dupes in what some insurers claim is a $1.3-billion scam. Fraudsters steal their credentials to make fake invoices appear legitimate. The victims of the scam are drivers across the province, who annually see their rates hiked to pay for fraudulent claims.

Insurance investigators claim more than 300 clinics loosely connected in fraudulent rings are working this system…

Tow truck drivers or paralegals direct accident victims — drivers and passengers —

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

Justia Offers Free Opinion Summaries

Justia.com is now providing free daily and weekly opinion summaries for the US Supreme Court, all US federal courts of appeal, and state supreme courts. As well, free weekly opinion summaries are available for nearly sixty areas of practice. These, it would seem, are delivered by email; there doesn’t seem to be an RSS feature. If you’re curious, you can look at a sample daily email for the US 9th Circuit Court of Appeals or a sample weekly summary for the practice area of environmental law.

Needless to say, this is a powerfully impressive service and a considerable contribution . . . [more]

Posted in: Legal Information: Publishing

3li_EnFr_Wordmark_W

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