Some law firms last year experienced record profits, despite the pandemic. Part of the growth in revenue was due to the increase in private arbitration. As courts struggled to adapt, more litigants turned to private solutions, like mediation and arbitration.

In the article “As Trials Stalled, Shook Hardy Found Other Ways to Drive Revenue, Profits“, author Dylan Jackson explains that the law firm Shook, Hardy & Bacon saw their profits increase by 3.2% last year. The firm’s gross revenue increased to $364,776,000. Profits per partner increased to $995,000. The increase was attributed to a 50% increase in arbitrations . . . [more]

 “I think it’s fantastic that there is a university program in Canada dealing with E-Discovery, as education in this area is severely lacking. It’s a difficult area to come to grips with. The Osgoode program covers more than just E-Discovery, it also delves into the areas of information governance and privacy which are very important in every E-Discovery matter.”

Ann Halkett CEDS, Manager, eDiscovery Services, Alexander Holburn Beaudin + Lang LLP, Vancouver

We live in an information age, and the practice of law is built on information. Rapid advances in technology means that the volume of data being generated is . . . [more]

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Robertson v Arthikharnu, 2015 ABPC 257 (CanLII)

[26] For her services a lawyer is entitled to charge a fair and reasonable fee which will depend upon and reflect many factors. Rule 613 of the Alberta Rules of Court, Alberta Regulation 390/68, lists six factors and the commentary under the Code of Conduct, s2.06(1), lists eleven factors. These factors include such . . . [more]

“Sometimes it’s important to stop whatever break you’re taking and just do the work” – New Yorker Cartoon by Bruce Eric Kaplan

“Why, then, do so many experts insist that they’ve found the one true and right way? It’s a fact about human nature: when getting advice, we love to receive a precise, standardized template for success, and when giving advice, we love to insist that the strategy that works so well for us will surely work for others. But each of us must find our own way”.

Gretchen Rubin, Outer Order, Inner Calm

The working life of an . . . [more]

The words “family violence”, “domestic violence”, “intimate partner violence” and “coercive control” do not appear anywhere in the Federation of Law Societies of Canada Model Code of Professional Conduct. The Code does not typically have special rules for special areas of practice, but family violence is not strictly a family law matter. Family violence can be an issue in immigration and refugee law, employment law, corporate law, criminal law, landlord-tenant law, and real estate law, to name a few.[1] When family violence is overlooked, the absence of recognition can perpetuate harm through the justice system. Family violence is . . . [more]

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology.

Research & Writing

Unnecessary Legalese, Mostly Archaic
Neil Guthrie

Commence: This word is unavoidable as a technical term in litigation: one commences an action under the Courts of Justice Act, RSO 1990, c C43, for example. But don’t use the word in normal parlance or non-technical writing, where it sounds fussy and pompous. … . . . [more]

On Feb. 25, 2021, I provided the keynote speech at Bora Laskin School of Law for Black History Month. I noted that Black History could not be just reduced to slavery, but at the same time the legacy and trauma of that history has significant impacts on our society and justice system today.

The Ontario Court of Appeal recently heard an appeal of Justice Nakatsuru’s decision in R. v. Morris, which explored the social circumstances of Black Canadians and its impact on the justice system.

Justice Nakatsuru took into account the unfair and disproportionate discrimination that Black offenders face . . . [more]

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

ADMINISTRATIF (DROIT): Dans le contexte actuel de la pandémie de la COVID-19, les demanderesses échouent à obtenir que le gouvernement soit tenu d’offrir des services éducatifs à distance à tous les parents qui le demandent, à leur seule discrétion.

Intitulé : Karounis c. Procureur général du Québec, 2021 QCCS 310 . . . [more]

The Canadian Bar Association’s Task Force on Justice Issues Arising from COVID-19 studied the issues, wrote a report, and presented it at the February 17, 2021, annual general meeting.

The risk with reports, however, is that they can become static documents, a snapshot of an issue. Reports gather dust as a collection of information if no one pulls up their sleeves to do the actual work to carry out their recommendations – and by the time the report comes out the political will to act may have subsided.

In our case, the ongoing pandemic is keeping these issues current . . . [more]

The news of the demise of ROSS Intelligence appears to be a disappointing blow for some Canadian and US lawyers; beyond their jurisdictions, it has little relevance. As litigation proceeds, in the form of an antitrust claim against Thomson Reuters, alleging research monopoly, the story may not be over, and it may be for the courts to evaluate the relative merits in that particular case; others are more competent than I am to comment on both the specific facts and legalities of it. What I read, however, is that ROSS Intelligence has shut down its operations, revealing another legal . . . [more]

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca.

Current postings on Slaw Jobs:

• Director, People and Culture (Full-time) | Remote/Vancouver, BC
  (Ecojustice)