The ABA Ethics 20/20 Commission is holding hearings to explore the impact of technology on client confidences and lawyers’ use of the internet to develop business. The Commission invites interested persons to register now to testify at an Oct. 14 public hearing in Chicago. You may also make written submissions. See below for details on registering or making written submissions.

The commission has issued two issues papers identifying areas it expects to explore in oral testimony or written comment. One explores implications for client confidentiality raised by lawyers’ use of such technological tools as cloud computing, while the other raises . . . [more]

This is a overview of the Canadian Forum on Court Technology held in Ottawa on Sept 22-23, 2010.

Given that lawyers are heavy users of Blackberrys, most Slaw readers will already know that RIM just announced the Playbook tablet, which is an iPad competitor.

RIM has taken an interesting approach. It is designed for business users, and as a companion device that will tether to a Blackberry. Indeed, its promo hits heavily on features that the iPad has been criticized for lacking – such as a forward facing camera, and usb. It may very well be a compelling choice for Blackberry users.

While it was just announced, it is not available until early 2011. I suspect it was . . . [more]

Two years ago, we began to say in lectures that we had seen a 200% rise in the number of cell phones passing through our forensics lab. Today, we are beginning to say that the increase is more like 500%. And it isn’t primarily standard cell phones – virtually all of the phones are smartphones. 

We’ve checked with others in our industry and they confirm that they are increasingly seeing smartphones as a source of electronic evidence. In particular, deleted e-mails and deleted text messages seem to be in play. It often seems that evidence which is missing from workstations . . . [more]

This is a short endorsement of the iAnnotate application for the iPad, produced by Aji and available on iTunes for $9.99.

I used to maintain piles of case law on a bookshelf, working my way though cases one highlighter at a time. I bought an iPad to rid myself of the enviro-guilt borne by my case law habit and was also happy to get rid of highlighters – my suits, shirts, linen, pets and kids too-often marked with indelible pink, green and yellow. The iPad, however, was a less than perfect replacement until I installed iAnnotate about a week ago. . . . [more]

As followers of Canadian legal news will know, a judge of the Ontario Superior Court today ruled that Canada’s prostitution laws violate the Charter. To quote from the National Post story:

The judge struck down three sections of the Criminal Code that make it illegal to operate a “common bawdy house,” to profit from prostitution-related activities or “communicates” on the street for the purpose of prostitution. The provisions “force prostitutes to choose between their liberty interest and their right to security of the person,” said the judge, in finding that the laws breached the Charter of Rights.

A PDF . . . [more]

If you are not careful, the Internet can be a dangerous place that can expose you to malpractice claims. LAWPRO Magazine has featured articles on Social media pitfalls to avoid and how there may be no coverage for some online activities: Danger Signs: Five activities generally not covered by your LAWPRO policy.

Another recent LAWPRO Magazine article on Practice pitfalls contains a section on Internet liability, which points out that “statements that lawyers make on the Internet, whether on law firm or other websites, or on social media sites such as Facebook, are a significant potential growth area for claims.” . . . [more]

This is Governor General Michaëlle Jean’s last week in office. I think the legal community owes her a big thank you. How many ordinary Canadians knew what prorogation was before Her Excellency, Madame Jean had to deal so publicly with that question?

If you are in Ottawa this week, you have some opportunities to thank her in person, or at least as part of a crowd:

Tuesday, September 28

10 a.m.
Reopening of the National Capital Commission’s Greenhouses
Speech from Her Excellency
Rideau Hall
OPEN TO MEDIA

Noon
Reception Hosted by the Speakers of the Senate and the House of

. . . [more]

As a general rule, do public documents ( and notarized documents in particular ) emanating from Canada for production in the United States and vice versa require any authentication before they may be admitted in evidence or used for any official purpose or recorded in any way in the destination jurisdiction? Are there specific exceptions with special authentication requirements?

I suppose one would have to turn to US law for an answer about US-bound documents, but does anyone have a rough-and-ready practical notion?

I am aware of section 45 of the Evidence Act of Ontario that provides for the admission . . . [more]

“Not failure, but low aim, is crime” – James Russell Lowell (1819-91)

Innovation, and creating innovative environments, was a common theme of my reading this summer. It wasn’t planned – it just seemed to be a topic that many of my favourite professional development sources. I thought I’d take this column to pass along some of the key messages from that reading.

Fail early, fail often, fail small

It’s true that we learn more from our mistakes than we do from our successes. But failing early in the process of developing a product or service allows us to . . . [more]

Today the Audiencia Provincial in Madrid released a significant ruling in the fight between Spanish television channel Telecinco and Google’s Youtube service. Surprise, surprise, sometimes fans post videos from television broadcasts on Youtube without tracking down rights owners to clear copyright.

But is Youtube liable for any infringement?

The Spanish company argued that its intellectual property rights were being violated, but a court in Madrid ruled that it was the responsibility of the copyright owner to identify such infringement and alert Google. It had set out to obtain what it believed would be an international precedent.

Historically, . . . [more]

What can today's students teach us about combatting information overload? Personal learning environments