One of my favourite things about being a lawyer is that legal work provides unending opportunities for problem solving.

As a youngster, I loved math best when we were focused on the solving word problems, and when algebra was introduced, I couldn’t get enough of it. Fast-forwarding to today…my legal practice consists primarily of hiring myself out to identify and analyze problems and propose a range of solutions.

I still love problem solving. That’s why two recent blog posts from SeyfarthLean Consulting CEO, Ken Grady caught my eye, both on this subject.

In The Arts of Coffee and Law, . . . [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. Leggat v. Jennings, 2015 ONSC 237

[30] In view of the almost absolute nature of the privilege, competing interests are much less relevant, and indeed, as stated by Major J. in McClure, a balancing of interests is not appropriate. Solicitor-client privilege will almost invariably prevail over other interests. It is with that focus that I will analyze the issue before me, . . . [more]

The Web browser has become a fundamental law practice tool. It’s what you use to get to Google’s web search, and perhaps your Web-based e-mail system, or your cloud-based practice management tool. As you travel across the Internet, you leave a trail behind you. Sometimes that’s on purpose but if you aren’t aware, you may find that the linkages marketers are making with that trail will surprise you. Use Web browser extensions to show, and block, this trail. Extensions can help you to browse and do online research with less clutter.

In Cognito Isn’t In Visible

The first thing to . . . [more]

By now, you have probably read that the Alberta Courts public facing judgments database is no longer an active search page, and instead redirects seekers to CanLII.

Bill Clinton is attributed with saying “The price of doing the same old thing is far higher than the price of change.” Jack Welch advised, “Change before you have to.” Some other very clever person came up with, “People do not resist change. They resist being changed.”

My opinion on people resisting being changed is that there is far less resistance when there is trust. Trust that the change is not a change . . . [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 technology, research and practice.

Technology

Understanding Excel Error Messages
Dan Pinnington

Anyone who has spent a lot of time using Excel will occasionally make and error when entering data or a formula. Thankfully, Excel is programmed to tell you that you made a mistake, and it will even give you an error message that will suggest what the problem is. These are the error messages that Excel will give you, and an explanation of . . . [more]

During Conflict Resolution Week in October, Mediate BC Roster mediators made a number of presentations around the province about mediation. We tried to answer the public’s question: “What is Mediation?” That seems like a simple task – it is not.

First, “mediation” is not just one thing. It is a flexible tool that includes a variety of processes. Some practitioners have tried to catalogue the processes and to assign names (interest-based, facilitative, transformative, narrative, evaluative, rights-based, joint, shuttle, etc.). From the perspective of the people in conflict, each of these processes will look very different and the role of the . . . [more]

Late last week fellow Slaw contributor John Gregory brought up some idiosyncrasies in his post about how web-sourced versions of laws stack up against more official looking books with laws printed in them. You know, the ones that only the law library has?

This brings up a pet peeve of mine—something that Ontario has solved, but which BC practitioners are technically still exposed to. The fact is that if you’re not producing photocopies of the official books with BC laws in them, you’re technically not doing your job for the court in BC. That’s ridiculous, right? Well, yeah. It is. . . . [more]

When I left a mid-sized firm to set up my own litigation practice three years ago, to describe my approach to civil litigation I used Seneca’s famous axiom which frames my business logo – “Truth hates delay”.

That message reverberates with new power through a decision released this month by Justice F. L. Myers in Letang v. Hertz Canada.

Myers J. refused a defendant’s request to adjourn a trial to permit discovery on 465 pages of documents produced by the plaintiff a month before trial.

The new productions suggested the plaintiff’s damages were $120,000 higher than the $3.5 million sought . . . [more]

No matter what the area of practice, the number one source of claims at LAWPRO is a breakdown in communication between the lawyer and client.

Between 2008 and 2013, nearly 4,600 communications claims – an average of 762 a year – have been reported to LAWPRO. The total cost of these claims to date is about $158 million – and likely to rise as more recent years’ claims are resolved.

In the Fall 2011 issue of LAWPRO Magazine we asked LAWPRO claims counsel with expertise in the various areas of law to provide insights into the communications mistakes they see . . . [more]

Congratulations to the team from the University of Toronto for their second place finish in the first IBM Watson Cognitive Computing Competition. Their legal research application Ross “allows users to ask Watson legal questions related to their case work, speeding research and guiding lawyers to pertinent information to help their case.” You can get a feel for Ross in this short video demo from the competition.

First place, and the winners of $100,000 in seed funding, went to the University of Texas at Austin for CallScout which aims to provide easy access to information about social . . . [more]

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. Environmental Law and Litigation  2. Rule of Law 3. Legal Sourcery  4. Global Workplace Insider  5. Canadian Legal History Blog

Environmental Law and Litigation
Divisional Court rejects anti-wind constitutional claim

Anti-wind protesters continue to lose all Ontario legal cases based on concerns about human health. After numerous anti-wind appeals . . . [more]

Request for proposal. Those three words are usually the start of a slow churning stomach ache that burns until the moment your response is sent and received. And confirmed three times over. This is especially true, I have found many times over, if the request is lobbed into your office by a current client.

The potential to lose the work, and, I suppose, to lose face among both clients and colleagues, can be stressful.

Proposal responses do not require a law degree or legal drafting. In fact, they usually require plain language, practical responses and succinct promises. I often . . . [more]