Does your firm have a marketing plan? When was the last time it was reviewed? How well do you follow your marketing plan? You’re not alone if your marketing plan is collecting dust in a drawer, hidden somewhere on your firm’s server, or simply hasn’t been implemented effectively. But why do these plans fail so often?

Marketing is generally outward-focused, concentrating on your clients, their wants and needs and the services you provide to help them reach their goals. But in order to be truly successful when it comes to actual implementation of the marketing plan, you must look inward . . . [more]

I’ve been waiting for someone to point out how badly we Canadians are preserving our digital heritage. The Toronto Star finally got there this week, with the article, Canada’s bleeding digital heritage.

The article is right on the money – not only is the Library and Archives Canada not showing leadership on the government presence in social media, they can’t even assure us that they are maintaining a suitable archive of federal government websites.

The last time LAC harvested government web content was in 2008, and I recently learned they don’t plan to do it again any time soon. . . . [more]

In the previous post, I looked at a Gartner Group survey, which found that one of the biggest issues resulting in contracts being prematurely renegotiated was that they lacked the flexibility to handle unforeseen changes. This is the second in a series of posts examining some of the ways in which outsourcing agreements can be structured to accommodate change over the life of the contract. In my last article, I looked at contractual mechanisms designed to accommodate unanticipated M&A activity. In this article, I look at mechanisms designed to address the financial responsibility for future changes. 

(i) Allocating Financial Responsibility . . . [more]

In her annual report to Parliament on the Privacy Act last week, the federal Privacy Commissioner expressed concerns about several issues. The Privacy Act deals with privacy issues for the Federal government.

Issues included the way surplus equipment and paper is disposed, and improper and unauthorized access to documents. Highlights from the press release include:

• Wireless audit: Of five federal entities examined, none had fully assessed the threats and risks inherent in wireless communications. Gaps in policies and/or practices resulted in weak password protection for smart phones and inadequate encryption for Wi-Fi networks and data stored on mobile devices. Shortcomings

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While you were signing the paperwork for your mortgage, did a bank employee ask you to consider purchasing mortgage insurance protection? You were probably told “…it will pay your mortgage if you die…just a few medical questions… it’s inexpensive…”. While that person may have had the best of intentions, he or she probably lacked the training needed to make you aware of important contractual details and how these compare with other insurance protection options. 

Here are 3 important things you should know about most mortgage insurance policies: 

1. You do not control the benefit

In the event of your . . . [more]

This is a post that invites discussion about a position paper published by the Ontario Medical Association that is of relevance to employers, disability insurers and employer and employee advisors.

The OMA is the doctors’ association in Ontario, and health policy is part of its mandate. In March 2009, the OMA published a revised version of its longstanding policy paper on return to work issues. “The Role of the Primary Care Physician in Timely Return to Work” has been published for over a year and a half, but it seems not to have received much attention in the . . . [more]

Yes folks, we librarians celebrate for a whole month each year. The idea for a month dedicated to library and information services in Canada was developed by library partners from across the country to help raise public awareness of the valuable role that libraries play in the lives of Canadians. The Canadian Library Association, along with it provincial and territorial partners, sets a theme, provides a toolbox, and libraries all across the country have parties and events to showcase the cool things that we do for our clients.

This year, I am celebrating library month with a “Proud . . . [more]

To PPT, or Not to PPT (In Court), that is the question:

After my last column Lloyd Duhaime, a renowned Victoria lawyer and humourist (read his book Hear! Hear!) wrote to say how disappointed he was when he used PowerPoint (PPT) in court. The disappointment came when the judge raced (as in read) ahead in his PowerPoint thus missing Lloyd’s no doubt persuasive submissions.

This highlights the downside of PowerPoint: it is not a good medium to carry a text message.

Well to all the Lloyds’ out there, here’s how you can use PowerPoint successfully: CUT THE TEXT!

Use PowerPoint . . . [more]

In my last column, I talked about staffing the marketing department and deciding whether you need to “rent or buy”. Almost any marketing function can be outsourced if attention is paid to maintaining relationships, but being clear about expectations is important from the outset.

The first step in getting the most out of a marketing consultant or agency is to be clear about why you’re hiring them. Law firms usually bring in outside marketing help for one of four reasons:

• Something needs to be done, but you’re not sure what 
• You know what needs to be done, but you don’t

. . . [more]

Laura Legge, O. Ont., Q.C., passed away on October 15, 2010.

Happy Thanksgiving from all of us at Slaw.

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The Ontario Court of Appeal recently released its decision in Jaffer v. York University, 2010 ONCA 654, which reaffirms the proposition that the Superior Court of Justice does have jurisdiction over academic disputes that are grounded in contract or tort.

University administrators will find the ruling important in assessing their liability to civil claims, and students bringing civil suits against universities will find it useful in constructing proper pleadings.

Background

The plaintiff, Ashif Jaffer, had Trisomy 21, also known as Down’s Syndrome, and was accepted to York’s Glendon College in September 2006. Although attempts were made to determine . . . [more]