Canada’s online legal magazine.

Protecting Your Data And, More Importantly, Your Clients’ Data

Law firms deal with some of the most confidential and sensitive data in society and yet so many of them have such lax policies on information security. There are some simple things you can do to dramatically improve your information security and they don’t require you to purchase expensive gear.

Keep Your Passwords Your Own

I can’t tell you how many times I’ve been at a firm and heard an attorney come out of their office and say “Patty, I’m going to Phoenix for a couple of days to meet with Acme Co. Check my e-mail while I’m away; my . . . [more]

Posted in: Legal Technology

What Watson’s Victory Means for Lawyers

Earlier in the month (the other) Simon alerted us to IBM’s development of a natural language savvy (and trivia stuffed) machine that ran rings around the human competitors in Jeopardy.

But no sooner had the victory occurred when lawyers started thinking … what if.

What if they hadn’t cleared copyright on the encyclopedias they stuffed Watson with?

But the best analysis is contained in a provocative and imaginative piece by IBM GC Robert Weber in the National Law Journal, summarized in the ABA Journal.

“Imagine a new kind of legal research system that can gather much of

. . . [more]
Posted in: Legal Information: Information Management, Legal Information: Libraries & Research, Practice of Law: Future of Practice, Technology: Office Technology

Data vs the Blink

The Technology Review published by MIT offers up some great food for thought via Tweets of article headlines. The publication fills my need for a quick review of what is up with science and technology since I rarely read in this area. Occasionally, there is an excellent business oriented article thrown in the mix.

An article titled Trusting Data, Not Intuition is a worthwhile read. The main point of the article is that for technology related business decisions, nothing beats testing.

Studies of the software industry indicate that when ideas people thought would succeed are evaluated through controlled experiments, less

. . . [more]
Posted in: Reading

Landmark Agreement on First Nation Jurisdiction

On Monday an agreement was concluded between the Teslin Tlingit First Nation, the federal government, and the government of Yukon, according the First Nation the power to pass certain laws and to administer justice on its lands. Yukon has signed a number of self-government agreements with First Nations, the Teslin Tlingit among them, but this is the first justice agreement, and the first in Canada. According to the CBC report, the new justice system will apply to the First Nation’s citizens, wherever they may be in Yukon, and also to non-citizens who are on Teslin Tlingit lands.

The text . . . [more]

Posted in: Substantive Law

Safeguarding Client Information

I attended a webinar today by the CBA entitled Safeguarding your Client’s Confidential Information – Tips and Traps. Presented by David Fraser and Dominic Jaar.

 Here are some of the highlights.

Quote from security expert Bruce Schneier:

“Hardware is easy to protect: lock it in a room, chain it to a desk, or buy a spare. Information poses more of a problem. It can exist in more than one place; be transported halfway across the planet in seconds; and be stolen without your knowledge.”

This is primarily a people issue – requires training and understanding. It’s not just about technology. . . . [more]

Posted in: Practice of Law: Practice Management, Technology

So You Want to Be a Research Lawyer?

Although my current work focuses more on knowledge and information management, I have in the past worked more formally as a research lawyer and I currently work with and know many others who work as research lawyers.

Based on recent discussions with colleagues on the role of legal research lawyers, I thought I would re-visit the topic and update my thinking in light of the changes in the economy and technological developments.

Just over 5 years ago here on SLAW, I posted Legal Researchers in the Year 2020 (30 November 2005). In that post, I discussed the likelihood that technology . . . [more]

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

Jim Middlemiss Retires From Legal Post – Behind the Bar Column

Readers of SLAW will undoubtedly be readers of the Financial Post’s Legal Post.

Word comes today that lawyer/journalist/blogger Jim Middlemiss will retire from his blog posts at Legal Post and his Behind the Bar Columns but will instead continue to write a column for Canadian Lawyer magazine, “stick his toes in the corporate waters” and “maybe one day get that Twitter account figured out, assuming I have something relevant to say in 140 characters” (his words).

Drew Hasselback will continue as Legal Post editor.

Congratulations to both Jim and Drew. I find the Legal Post an excellent source for . . . [more]

Posted in: Legal Information, Legal Information: Publishing

Case Law Reporting – the Way It Was

Over the years I heard from librarians that case law publishing should be regulated. I heard from lawyers who suggested that governments should publish case law reports. I heard a chief justice in Saskatchewan complain about the duplicate publication of judgments of the Supreme Court of Canada.

In the 1970s decisions of the Supreme Court of Canada were published by the Government of Canada in the Supreme Court Reports but many times it took up to two years for a case to be published. In response to a need for the timely publication of Supreme Court of Canada cases our . . . [more]

Posted in: Legal Publishing

B.C. Provincial Court Policy on Live Coverage of Trials

The Office of the Chief Judge of the Provincial Court of British Columbia recently released a policy statement [PDF] regarding public and media access. A few sections of the policy are directed at using computers and other digital devices to transmit information during proceedings:

e. Computers
Members of the public and the media are permitted to use portable computers in Provincial Court provided that they do not disturb the proceedings or interfere with the operation of the court’s own electronic equipment, and that the computers are used solely for the purpose of note-taking.

f. Cell phones, personal digital assistants (PDA’s)

. . . [more]
Posted in: Legal Information: Publishing, Technology: Internet

Federal Law – Civil Law Harmonization

When the Quebec Civil Code came into force in 1994, replacing the Civil Code of Lower Canada, the Department of Justice began a process to review federal law with an eye to harmonizing it with the new code, essentially in areas where federal law deals with matters that in other respects fall within “property and civil rights within the province.” According to the recent legislative summary [PDF] from the Legal and Legislative Affairs Division Parliamentary Information and Research Service, the aim seems more to acknowledge and “respect” the civil law tradition than it does to correct terminology that has been . . . [more]

Posted in: Substantive Law: Legislation

Exploding Some Law School Myths

We’ve spent the last few decades building up a series of myths about legal education. I’d like to take a moment to deconstruct a few of them.

1. The law school from which a lawyer graduated is a relevant and reliable indicator of his or her quality.

This is the pedigree myth. Law firms for years have used “law school reputation” as a handy shortcut to avoid the hassle and expense of actual hard-nosed assessments of a candidate’s qualifications and potential. I’ve met lawyers from schools at the “top” and the “bottom” of the traditional rankings, and I’ve not . . . [more]

Posted in: Practice of Law

CCCT Court Web Site Guidelines – Some Complexities Underlying Court Web Sites – Privacy v. Public Access to Court Information

A few days ago, I presented the issue of copyright & licensing of information found on court web sites. In this post, please find – please feel welcome to comment! – our draft on the topic of “Balancing Privacy and Public Access to Court Information: The Need for Confidentiality Rules”. Essentially, our recommendation on topic is to follow the Canadian Judicial Council Model Policy on topic. . . . [more]

Posted in: Legal Information: Publishing, Technology: Internet

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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