Canada’s online legal magazine.

Predicting Revenue

Often when someone takes over a new position where they are responsible for, dare I say it, the sales funnel, one of their goals is to predict revenue. Most firms try to predict revenue, albeit with different levels of success. Some firms use a backlogs or potentials method for proposal tracking, others ask the professionals to maintain a rolling 12 month projection, and others may simply set a target hoping for the best. One thing is for sure, targeting revenue in professional services is different than for products but a level of predictability is still required.

Companies that sell widgets . . . [more]

Posted in: Legal Marketing

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 seventy 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. Michael Spratt  2. BC Liquor Law 3. Vancouver Immigration Blog  4. Canadian Securities Law  5. FamilyLLB

Michael Spratt
An Open Letter to Chief Bordeleau

Dear Chief Charles Bordeleau, It happened again. A factually guilty man was acquitted of all charges because your police officers failed to follow even the . . . [more]

Posted in: Monday’s Mix

Smoky Ethical Waters Around Marijuana Dispensaries

If you take a stroll pretty much anywhere in downtown Toronto these days, you’re likely to walk into one of the dozens of marijuana dispensaries that have popped up everywhere in the city. But just as quickly as they arrived, they are being shut down too.

On Thursday Toronto Police conducted a sting dubbed “Project Claudia,” with search warrants executed for 43 different locations, seizing 270 kg of products. That’s fine, these dispensaries are still illegal, and are not part of the process for distributing medically required marijuana use.

Project Claudia wasn’t just about shutting these dispensaries down. The police . . . [more]

Posted in: Justice Issues

Summaries Sunday: SOQUIJ

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.

FISCALITÉ : L’information contenue dans les demandes de mandat de perquisition était suffisante pour justifier l’autorisation de perquisitions chez Uber Canada et permettre ainsi la poursuite de l’enquête afin de déterminer si des infractions fiscales avaient été commises.

Intitulé : Uber Canada inc. c. Agence du revenu du Québec, 2016 . . . [more]

Posted in: Summaries Sunday

E-Discovery Records Must Be in “useful” Format

The Alberta Court of Queen’s Bench has recently held that a party who held relevant electronic records must produce them in native format, rather than in TIFF format, although producing them in native format (in this case, Excel) could take six months’ work and cost $50,000. Alberta and Canadian law were admitted to require that such production be proportional to the stakes in the dispute and not unduly burdensome, but ordering the production in this case was held to satisfy those tests.

Bard v Canadian Natural Resources, 2016 ABQB 267 (CanLII)

This despite a litigation plan that contemplated production . . . [more]

Posted in: Practice of Law: Practice Management, ulc_ecomm_list

Apps and A2J: Mapping the Opportunities and Risks

In a 2015 speech, Chief Justice Beverley McLachlin implored the legal profession to “accept the idea of change”, including the reality that some tasks that have been traditionally carried out by lawyers can now be more effectively performed through technological means.

It is questionable how much the Canadian legal profession, as a general matter, has taken up the Chief Justice’s call. Developments in one promising area—mobile phone and web-based apps that aim to enhance access to justice (“A2J”)—are largely being driven by individual innovators seeing unmet legal needs and thinking outside the box for new ways to harness technology . . . [more]

Posted in: Legal Ethics

Thursday Thinkpiece: Downie on Pathways to Law Reform for Voluntary Euthanasia and Assisted Suicide

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Permitting Voluntary Euthanasia and Assisted Suicide: Law Reform Pathways for Common Law Jurisdictions

Jocelyn Downie, SJD, FRSC, FCAHS; Professor, Faculties of Law and Medicine, Dalhousie University
Queensland University of Technology Law Review Volume 16, Issue 1, pp 84-112

Excerpt: Introduction and Sections III-VI | Footnotes omitted. They can be found in the . . . [more]

Posted in: Thursday Thinkpiece

Future Amendments to the Admission to a Professional Order and Governance Issues

In Quebec, to practise a profession or hold a professional title governed by the Professional Code, a person must have a permit and be a member in good standing of the professional order that governs the exercise of the profession. Quebec has 46 professional orders that supervise the practice of 54 regulated professions.

In response to recommendations in the Charbonneau Commission report on granting and management of public contracts in the construction industry, on May 11, 2016, the Quebec government tabled Bill 98, An Act to amend various legislation mainly with respect to admission to professions and the governance of . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Is Windows 10 Spying on You?

It’s hard to find statistics identifying how many people are currently running Windows 10. One thing we do know is that there were 14 million downloads within 24 hours of the release. Some estimates put the installed base at over 75 million devices. No matter what the right number is, it appears that Microsoft has added another hit operating system to its list. But is everything about Windows 10 a good thing? Not so fast. When Microsoft released Windows 10, it also updated its privacy policy. Should attorneys be concerned? The answer attorneys love to hate is…it depends. Perhaps if . . . [more]

Posted in: Legal Technology

No After-Hours Emails – Can You Imagine?

France now has a law against after-hours emails to employees. Does this make sense to you? Could you get your work done on this basis? Is that question your concern, or is it up to the employer to organize your time more effectively?

Can such a law apply to professionals or others who do not punch a clock?

Are the benefits worth the inconvenience … given that the benefits go to the employees and the inconvenience to the employers, to a large extent.

When France legislated its 35-hour week, over 15 years ago, one consequence was that people had a . . . [more]

Posted in: Practice of Law, Technology: Office Technology, ulc_ecomm_list

Building Good Practice Management Habits

It’s that time of year again – articling students in Manitoba are wrapping up their year and looking ahead to their Call to the Bar and beginning their careers as lawyers. Some will continue to practice in the firms where they received their articles, while others will move to new firms or set out on their own. Regardless the setting, all will need to develop good practice and time management habits.

I’ve spoken with articling students in the past about the relevance of learning time management techniques at a point in their career when they have so little control over . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management

Predictors of Success

A study of Harvard graduates showed that a person’s approach to setbacks in life is the single greatest predictor of success. This is interesting considering that companies tend to hire based on technical skill and intelligence. However, only 25% of job success is attributed to intelligence and technical skills. Psychologist Shawn Achor states that:

Seventy-five percent of long-term job success is predicted not by intelligence and technical skills, which is normally how we hire, educate, and train, but it’s predicted by three other umbrella categories. It’s optimism (which is the belief that your behaviour matters in the midst of challenge),

. . . [more]
Posted in: Education & Training

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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