Canada’s online legal magazine.

Reconciling the Need for Empathy With Low EQ

Several of my posts this year have focused on the importance of plain language for our profession. Good, clear communication is a vital component of client management as it helps us better understand our client’s needs and enable the client to make informed decisions. On the other hand, poor communication is a leading cause of professional liability claims against lawyers.

Understanding who your audience is and ‘stepping into their shoes’ is a key. In my last post, Good Communications: Don’t Forget Generational Considerations, I focused on the impact of generational differences and preferences. This is only one factor when . . . [more]

Posted in: Legal Information, Practice of Law

Tension on the Ontario CA: Thwarting a Judicial Coup?

INTRODUCTION

In the midst of writing this post yesterday, January 6th, I thought back to that day in 2021 when Donald Trump attempted a coup in the United States to seize the presidency despite having lost the 2020 election. This year’s certification of the 2024 election involved no such threat to democracy only because Trump won the election. But it may be because I have the concept of “coup” on my mind that I am tempted to describe West Whitby Landowners Group Inc. v. Elexicon Energy Inc. (Ont. CA) (“West Whitby”) as a “judicial coup”, albeit a coup somewhat more . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions

Harsh Realities, Questionable Ethics and the Proliferation of Litigation in Legal Information Provision

Whether or not there is truth in the rumours that upstart, Harvey, has been keen to acquire the much-admired vLex, it was interesting to read the analysis by Isha Marathe, of Legaltech News, on the topic, as reported via legal market heroes, House of Butter.

The HoB report concludes, “If Harvey wants to make true on the third item in its tech offerings—workflow automation; an AI assistant, and legal research—it’s going to have to find the data. The story of Harvey and vLex underscores the market barriers to a startup becoming a substantial legal research mainstay . . . [more]

Posted in: Legal Publishing

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Crossroad Family Law Blog 2. Blogue SOQUIJ 3. À bon droit 4. Canadian Class Actions Monitor 5. Appointed podcast

Crossroad Family Law Blog
Welcome to our newest Calgary family lawyer, Ashley R. Wilson

We are thrilled to welcome seasoned family lawyer Ashley R. Wilson to the Crossroads

. . . [more]
Posted in: Monday’s Mix

Strategic Growth in the Legal Services Market – Expansion or Contraction?

Strategic and profitable growth has nothing to do with size. Instead, it has everything to do with market positioning.

[This is Part Two of a two-part series on Strategic Growth in the Legal Services Market and the foundation for the second half of my September 2024 keynote address to the Alberta Civil Trial Lawyers Association in Calgary.]

I noted in my final thoughts of Part One that evolution in the global legal services market has been upon us for well over three decades. Also, that shifts within the staid and traditional legal services industry have been accelerating more fiercely over . . . [more]

Posted in: Legal Marketing, Practice of Law

Stories

Hello my friends.

Recently I went to a health food store and needed some advice about a particular product.

The salesperson was very kind and was able to help me in making a decision.

During our conversation, we somehow got on the topic of post pandemic mental health. She said that after Covid lockdowns were finished, most people went back to “normal”, but no one is really feeling like their pre-pandemic selves.

As I pondered about what she said, I realized that in an effort to get on with our lives, we ran out the door, forgetting to put on . . . [more]

Posted in: Practice of Law

New Year’s Legal Research Update

I am sharing some interesting information from the Library of Congress. On November 24th they posted this blogpost about Native American languages on the general blog. “Two important collections of Native American heritage have been digitized and placed on the Library’s website, enabling readers and researchers to dig into histories that are not widely known.

The first, featuring portions of the papers of Indian agent and ethnologist Henry Rowe Schoolcraft, focuses on the culture and literature of famed 19th-century Ojibwe poet Jane Johnston Schoolcraft (Bamewawagezhikaquay) and bicultural collaborations and literary contributions of members of her Johnston family of . . . [more]

Posted in: Legal Information

AI’s Impact on Law: Why the Transformation Narrative Is Overstated

A common message we hear today is that AI will soon bring about sweeping changes to the practice of law, making us so much more efficient that we’ll have plenty of time for other things.

I’ve kept my finger on the pulse of AI since ChatGPT appeared in 2022. I’m a heavy user of AI as a law professor and part-time criminal lawyer. I’m constantly experimenting with it and dazzled by its capabilities—you won’t find a bigger fan of AI.

But if there’s one thing that’s clear, it’s that AI will not transform the practice of law. Far from it. . . . [more]

Posted in: Legal Technology, Practice of Law

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Flex Legal Blog 2. Precedent: The New Rules of Law and Style 3. Provincial Court of BC 4. All About Information 5. The Trauma-Informed Lawyer

Flex Legal Blog
2024: A Year of Growth, Flexibility, and Gratitude at Flex Legal Network

As 2024 draws to a close, we

. . . [more]
Posted in: Monday’s Mix

2024 Year in Review

It has been a year of paradoxes and extremes. From economics to politics, global phenomena have spread onto our shores. Populism, strongman tactics, fear of the other, class division, and the marching forward of technological progress all put their stamp on our profession.

Bulls and Tent Cities

Economically: the TSX roared to a 20% return and Bay Street salaries continued to grow north of $130,000 for first year associates. But stalwart Minden Gross shut down, proving again the fickle nature of partnerships. Main street lawyers turned away clients as the rural exodus grew, and despite growing costs, resulting in less . . . [more]

Posted in: Practice of Law

Summaries Sunday: Supreme Advocacy

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from November 23 – December 27, 2024 inclusive.

Appeals

Aboriginal Law: Police Services; Good Faith; Honour of the Crown
Québec (Attorney General) v. Pekuakamiulnuatsh Takuhikan, 2023 FC 267; 2024 SCC 39 (40619)

Although the two main grounds relied upon — good faith and the honour of . . . [more]

Posted in: Summaries Sunday

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. ABlawg.ca 2. Susannah Tredwell on Slaw 3. À bon droit 4. NSRLP 5. FACL BC Podcast

ABlawg.ca
Shared Accommodation in Alberta: Law for Roommates and Those Sharing Living Space with Their Landlords

Shared accommodation has become increasingly common in Alberta for many reasons, including the unaffordability of

. . . [more]
Posted in: Monday’s Mix