What is it about social media that make them such a hot topic these days, even for lawyers, as this new book demonstrates? I suggest it’s all the people. Other areas of technology can be dry or technical or mystifying, other areas of law can be the realm of big corporations or telecoms or governments. Social media combine cutting-edge technology with real human beings just doing what we do – spouting ideas, going places, making pictures, telling stories. The topic is more about us than most of the others in law or technology.

Social media do not have all their . . . [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. David Whelan  2. Éloïse Gratton 3. SOQUIJ  4. The Court  5. Ontario Condo Law Blog

David Whelan
Cut Your Library Nose Off to Fight for Space

File this one under different perspective. There is a tension in courthouse libraries. Keep in mind that, in most cases, whether the courthouse . . . [more]

Expert evidence is often perceived as a necessary evil by many judges. The “evil” of these experts is that they tend to enhance the adversarial nature of litigation, unduly complicate proceedings, and often add unnecessary costs for the parties.

What is the role of the court in excluding or managing this evidence?

Concerns over the excessive use of experts has been identified in several jurisdictions. A 2002 study by Carol Krafka in the US found that judges are becoming more recalcitrant towards accepting expert evidence post-Daubert. The 2009 Jackson Report in the UK accepted the manner in which expert . . . [more]

On 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.

Summary of all appeals and leaves to appeal granted (so you know what the S.C.C. will soon be dealing with) (Dec. 11, 2014 – Jan. 6, 2015 inclusive).

Appeals

Criminal Law: Search & Seizure; Cellphones
R. v. Fearon, 2014 SCC 77 (35298)
Searches of cell phones incident to arrest is permitted, provided the search (both what is searched and . . . [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.

PÉNAL (DROIT) :Les trois accusés, un guide spirituel et ses deux assistants, sont reconnus coupables de négligence criminelle ayant causé des lésions corporelles à une victime et la mort d’une autre à la suite d’une séance de sudation tenue dans le contexte d’un séminaire de croissance personnelle.

Intitulé : R. . . . [more]

California has just enacted a law that prohibits ‘non-disparagement clauses’. These are clauses in consumer contracts that prohibit the consumer from criticising the product or services provided under the contract.

Specifically, the statute says this: “a contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services.”

Is there any need for such a provision in Canadian law (federal or provincial)? Are non-disparagement clauses ever seen here? Would . . . [more]

In many of Canada’s family law courts, especially our provincial courts, the majority of litigants now appear without counsel. This state of affairs should have been a foreseeable consequence of the diminution of legal aid representation in family law cases coupled with the relative absence of market forces impelling private family law lawyers to reduce their rates or embrace new service models, but it is nonetheless where we find ourselves today.

It is easy enough to point to the observable consequences of this superabundance of litigants without counsel – chief among them the increased number of ill-conceived chambers applications, the . . . [more]

Some things change. Some things stay the same. And some things do both.

We all know people who maintain aspects of their character even as they age. Heck, our own selves are perfect examples of this business of changing and remaining: despite life’s continual renewal we maintain a sense of constant identity — “Identity” from Latin idem, the same — but the same as what? as yesterday? and the day before? and so into regression back to the beginning of no character at all? (If this sort of thing interests you, have a look at the Stanford Encyclopedia of . . . [more]

Each year, we at fSquared Marketing reach out to our friends and colleagues around the world who are experts in various areas of legal marketing. We ask them to describe what they are seeing in the market, ask them where our clients should be focusing, and what predictions they have for the coming year.

This year, as always, we received great insights and tips to share. I’ve included some excerpts below so you know what to consider in your marketing and business development plan (and budget!) for the coming year.

CONTENT MARKETING:

Several trends that we have seen emerge and . . . [more]

As is apparent from the OTLA, and the many comments on my previous post, the upcoming Bencher elections in Ontario finally have an issue that has grabbed the attention of lawyers across the province: Alternative Business Structures.

While this issue may drive better voter participation in the April election, it has also greatly divided the profession in this province.

One can already see the huge generational rift among lawyers; those at the twilight of their careers fighting to retain a 19^th Century business model, while younger lawyers want to move the profession into the 21^st Century so as . . . [more]

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.

The Judicial Regulation of Lawyers in Canada

Amy Salyzyn
Dalhousie Law Journal, 2014, Forthcoming

Excerpt: Introduction and Part IV

[Footnotes omitted. They can be found in the original via the link above]

Introduction

This article traces developments in lawyer regulation in Canada over the last forty years, with a focus on the . . . [more]