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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.

Technology

Passphrases Can Help You Remember Complex Passwords*
Dan Pinnington

Creating a long, unique, complex (letters in upper and lower case, numbers and symbols) and random password for every service you use is the best practice standard when it comes to using secure and strong passwords. If you follow this advice however, your passwords will be an unreadable mix of letters, numbers and characters….

Research

Fast, Convenient and Mobile
Shaunna . . . [more]

Posted in: Tips Tuesday

Trinity Western… Again

I can’t stop thinking about the law society decisions on Trinity Western University (TWU). Part of the reason for that is the complexity and difficulty of the substantive issue raised by TWU’s proposed law school: the proper resolution of an irreducible conflict between equality rights and freedom of religion (I discuss that here). But as I spent the last few weeks teaching administrative law procedural fairness, I realized that the other thing bothering me about the law society decisions is the process used to reach them.

As far as I can tell, each law society that has independently considered . . . [more]

Posted in: Legal Ethics

Judge Does Not Mince Words When Counsel Fail to Follow Simple Instructions

In a very brief decision, Justice Lemon of the Ontario Superior Court of Justice cut right to the point when he asked for cost submissions of no more than three pages and ended up with much more from both sides.

Justice Lemon stated that neither costs

“submission is of assistance to me. When I ask for no more than three pages, I expect to get no more than three pages. When I ask for costs submissions, I expect to get a Bill of Costs in readable form. I do not expect to get a badly copied, small print version . . . [more]

Posted in: Practice of Law

Of Cloud Computing and Concrete Parachutes

The British Columbia branch of the Canadian Bar Association’s annual conference is an excellent way to earn CPD while connecting with friends in the BC legal profession. Attendees enjoy a well hosted slate of speakers, great company, and time away from the usual hustle, plus it’s usually held somewhere much warmer than BC. Normally this temperature difference is climate-related—although this year in Phoenix, during the final seconds of Jack Newton’s session on cloud computing, the mercury in the room rose a little higher than even the Valley of the Sun could take credit for.

Jack, a fellow SLAW contributor and . . . [more]

Posted in: Technology

Should the Rules of Professional Conduct Require Competence in Technology?

The recent revisions to Ontario’s Rules of Professional Conduct do not contain the words ‘computer’, ‘information technology’, or ‘electronic’, except in the latter case for a reference to the electronic registration of real estate transfers.

Is this a desirable demonstration of technology neutrality or a missed opportunity to give useful direction to the profession on an increasingly important aspect of the practice of law?

Monica Goyal, who makes her living in the law-and-technology world, suggests in her recent column for the Law Times that the rules should give some guidance.

Do you agree?

If not, have you read the long . . . [more]

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

Did the LSBC Just Kill Cloud Computing for Lawyers in BC?

As a frequent public speaker, I’ve seldom found myself speechless on stage, however, last week I stood in front of an audience of over 200 lawyers in stunned silence for the first time in recent memory. I did so after the Law Society of British Columbia (LSBC) President, Jan Lindsay, boldly pronounced that, in no uncertain terms, BC lawyers are prohibited from using US-based cloud computing providers.

To set the stage, let me rewind to Friday, November 14. I was invited to talk at the CBABC Annual Meeting in Scottsdale, AZ. My topic, “The Security and Ethics of Cloud Computing,” . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, Technology: Internet, Technology: Office Technology

What Keeps Family Law Lawyers Up at Night? High-Conflict Cases

Like many areas of practice, family law is going through a period of change. Both clients and their lawyers are questioning traditional modes of practice. Economic woes both cause legal problems, and leave clients with limited resources with which to resolve them. Stress – for both families in crisis and for their lawyers – is a constant reality. Still, within this challenging climate, family lawyers are expected to work diligently and professionally in the service of their clients’ interests.

To understand how the bar is coping with the demands of modern family law practice, we invited a sampling of lawyers . . . [more]

Posted in: Practice of Law

Legal Innovation in Canada: Does It Need to Be Seen to Be Believed?

Here at the CBA Legal Futures Initiative, we’ve sought to demonstrate to the Canadian legal profession that great opportunities await those who embrace change; opportunities to put clients at the centre of our work, to better serve Canadians, to provide new kinds of services, to open up new models of legal service delivery, to work in conjunction with others, and most importantly, to creatively re-imagine what it means to “be a lawyer” in the future.

We launched our flagship report, Futures: Transforming the Delivery of Legal Services in Canada, in August of this year. Contained within the report are . . . [more]

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

Legal Information Professional?: Seize Your Opportunity

“Disruption equals opportunity“–Robert Ambrogi

What’s that Chinese proverb? Oh yes, “In every crisis, there is opportunity.” That is Robert Ambrogi‘s position in this great post from last month, “Turning Challenges into Opportunities: New Directions for Legal Information Professionals.” . . . [more]

Posted in: Legal Information: Libraries & Research

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. Michael Geist 2. Youth and Work 3. Blogue du CRL 4. Library Boy 5. Barry Sookman

Michael Geist
Why Does the Ontario Provincial Police Still Not Know What is in the Lawful Access Bill?

Earlier this week, I posted on Ontario Provincial Police comments at the Standing Senate Committee . . . [more]

Posted in: Monday’s Mix

E-Mail and the Lawyer

E-mail is dead. Social media and instant messaging (IM) are replacing e-mail. Those are the messages of emerging communications driven by so-called enterprise technology. These tools, designed for companies that fire more employees than legal professionals comprise the entire Ontario bar, can enhance internal firm interaction. But e-mail remains the bread-and-butter tool for solo and small firm lawyers and a primary method for communicating with clients and others.

So why are we not experts at using it?

To be honest, I rarely think about how I use e-mail. My habits run in well-worn ruts. But I was jolted out of . . . [more]

Posted in: Legal Technology

Supreme Court Creates Duty of Honest Performance

Caveat emptor (buyer beware) or ubberima fides (utmost good faith)? What is a contracting party to do?

The Supreme Court of Canada released a decision this week in Bhasin v. Hrynew which revamps the understanding of how representations made during contractual negotiations are adhered to. The unanimous Court created an “incremental step” in developing a duty of honest performance, which was described as follows:

[93] …

(1) There is a general organizing principle of good faith that underlies many facets of contract law.

(2) In general, the particular implications of the broad principle for particular cases are determined by resorting

. . . [more]
Posted in: Substantive Law: Judicial Decisions

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