Canada’s online legal magazine.

The Medium Is the Message

In “Legal Practice and Legal Delivery: An Important Distinction”, Mark Cohen argues that technology has transformed the delivery of legal services but not the practice of law. He defines delivery as “how services are rendered” and practice as “what lawyers do and how they do it”.

The delivery of legal services is a play with many actors…The days of law firms having a stranglehold over legal delivery have given way to the rise of in-house lawyers and departments, legal service companies, and technology companies “productizing” tasks that were once delivered as services. Again, it is not legal practice that

. . . [more]
Posted in: Practice of Law, Practice of Law: Future of Practice, Technology, Technology: Internet

Wednesday: What’s Hot on CanLII

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. R v M.J.B., 2015 ABCA 146

[31] The appellant says that another unbalanced treatment lies in the trial judge’s comments about the complainant being mortified and ashamed whereas the trial judge did not attach supportive significance to the appellant also being horrified and deeply shocked. She did comment on the appellant’s demeanour and the substance of his evidence. The fact that . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Not So Fast!

What’s the right pace of change? A ridiculous question, I know; change is usually foisted upon us and we have little control generally. But for the few things we can control, it’s a great challenge to ensure that the pace of change we introduce is just right … not too fast and not too slow.

Our thinking over the past 20 years about what should change and when has been supported by a couple of core assumptions. But some recent information has challenged these beliefs.

The first assumption is that print is on its way out and dead as a . . . [more]

Posted in: Legal Publishing

Your Workplace: Being Happier Where You Are, or Getting to a Better Place.

This article is by Nora Rock, corporate writer & policy analyst at LAWPRO.

Lawyering is stressful. Lawyers expect to handle the pressures of solving individuals’ high-stakes, emotionally charged problems.

What lawyers don’t necessarily anticipate is that they may suffer stress from being stuck in a work situation that is not their first choice. Competition for jobs may mean that a lawyer needs to accept work outside his or her preferred area of practice, work for a difficult boss, or work in a high pressure, long-hours environment.

The ultimate cure for this kind of stress is to find another career that . . . [more]

Posted in: Reading: Recommended

Vendor Quiz: Lexbox

Vendor Quiz is a periodic feature here at Slaw in which we ask a legal marketplace supplier a series of substantive questions about their product or service. Our goal is to provide insight and guidance to Slaw readers who might be considering a purchase, and who would benefit from practical information with which they can make a more informed choice. Vendor Quiz is an advertorial service, with each post sponsored by the featured vendor.

Lexbox is a free Google Chrome extension that helps you organize and monitor your online legal research.

  1. What does “getting organized” with your online legal research
. . . [more]
Posted in: Vendor Quiz

The Internet of Whose Things?

Much talk is heard, many tweets are generated, about the Internet of Things. Interconnected devices are everywhere, from your car to your home to your clothes to your body. This interconnection, it is alleged, will lead to great benefits, though sometimes it is hard to tell how, except for the people who build them.

We have looked at the questions of security they raise and their impact on privacy, as the Net connection pumps out data about your stuff, and by not-very-distant implication about you, to … just whom? With what restrictions?

The privacy authorities in Canada and . . . [more]

Posted in: Legal Technology

Tips Tuesday

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 technology, research and practice.

Research

Noting Up Tip
Shaunna Mireau

I shared some tips about technology skills with some fine folks via webinar with CBA Manitoba’s Legal Research Section recently. One of the tech skills was about noting up: Note up cases for judicial history as well as consideration of decisions by other cases and legal commentary using multiple database sources (fee and free) …

Practice

Surveys and Law Firms
David Bilinsky

Lawyers are . . . [more]

Posted in: Tips Tuesday

Augmenting the Practice of Law

In a response to comments in my last blog post about IBM Watson I mentioned a presentation that Kyla Moran gave at the last American Association of Law Libraries (AALL) conference. The presentation was called, “Contestant, Doctor, Lawyer, Chef: IBM Watson Moving from Jeopardy to the Legal Landscape,” and if you’re an AALL member you can watch the recording if you click that link.

For non-AALL members Jean P. O’Grady, Director of Research & Knowledge Services, at DLA Piper in Washington D.C., reports on this session in the recent AALL Spectrum: “Hand in Hand with . . . [more]

Posted in: Practice of Law: Future of Practice, Technology

Legal Jargon – Alive and Well in Canada?

We were lucky enough to travel in England and Wales in early October. We travelled by plane, train, tube, bus and taxi (in addition to miles of walking). At the train station in Bath we picked up a copy of “Metro” – a tabloid type newspaper similar, perhaps, to Vancouver’s “24 Hours”. An article caught my eye: “Tough sentences…baffling lingo of courts explained”. An experienced (unnamed) barrister apparently believes that the jargon in the English criminal courtroom is so confusing (even law students cannot understand it) that he penned a colourfully worded dictionary to translate certain well-used phrases. Each phrase . . . [more]

Posted in: Dispute Resolution

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 sixty 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. Barry Sookman 2. IPilogue 3. Combat Sports Law 4. U of A Faculty of Law Blog 5. Éloïse Gratton

Barry Sookman
By-passing paywall and circumventing TPM sinks fair dealing defense: Blacklock’s Reporter v CVA

Does by-passing a subscription paywall to access a news article violate the new prohibitions in . . . [more]

Posted in: Monday’s Mix

Better Options for Interprovincial Motions to Change Support

When families split apart, they don’t always stick around in the same province. Sometimes that gives rise to challenge circumstances for resolving proceedings or updating support orders.

Justice Pazaratz examined a interprovincial motion to change support in Chree v. Chree. The judge, who is now known for his writing style, started with the following:

 

  1. There’s an old saying: “Two Heads Are Better Than One”.
  1. But not when it comes to trial judges.

  1. Two judges. Each hearing different parts of the case. On different dates, many months apart. Having to make decisions on the same case.
  1. It
. . . [more]
Posted in: Substantive Law: Judicial Decisions, Technology

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.

PÉNAL (DROIT) : L’adolescent, accusé de possession de drogue à la suite d’une fouille sans mandat exécutée dans sa chambre à coucher, a renoncé à son droit à l’assistance d’un avocat de façon libre et éclairée; par conséquent, il n’y a pas eu violation de l’article 10 b) de la . . . [more]

Posted in: Summaries Sunday

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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