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 FAILURE OF LAW SOCIETIES TO ACCEPT THEIR DUTY IN LAW TO SOLVE THE UNAFFORDABLE LEGAL SERVICES PROBLEM
Ken Chasse

(Excerpt: pp. 1-3)

There are five propositions that Canada’s law societies must accept if their statements as to what they refer to as their “concern about the access to justice problem” are to . . . [more]

I’m pretty certain that most people, partly under delusion, at some time express the view that things aren’t as good as they were in the past. It’s usually wrong, of course. However, looking at the world of legal and professionally publishing, I wonder if I’m correct in thinking that it used to be enormously pleasurable, rewarding and creative but now appears, with some exceptions, to be desperately dull?

Its dullness is reflected in its lack of innovation, its shift away from new product development and its failure to excite and engage with its customers and with its . . . [more]

The UNCITRAL Working Group on Online Dispute Resolution (ODR) meets next month in Vienna to continue discussion of model rules for international ODR. Here are the working documents for the meeting, and past meetings. .

The perspective of the project since its inception in 2010 has been to find a way to resolve high-volume, low-value disputes – not necessarily just consumer disputes, but many would be of this kind.

One of the problems has been to figure out a way to get both buyers and sellers into the ODR system, whatever it is (and there might be many such . . . [more]

From time to time, in each of our lives, someone enters and makes an indelible mark upon us. I’ve written here previously about some of those who have left marks on my life and influenced my career choices; another such person is Allan Fineblit, Q.C.

Allan is the outgoing CEO of The Law Society of Manitoba. He’s been the CEO of the Law Society of Manitoba (“LSM”) for some 16 years, through most of my years at the bar.

When I worked at the LSM, he was my boss. Nearly annually, I would sit down with him for a . . . [more]

CASL – the Canadian anti-spam legislation – contains provisions that require certain disclosure and permission requirements on the installation of software that does certain things, or when software does certain things. This aspect of CASL has been overshadowed by the anti-spam provisions, in part because the software provisions are not in effect until January 15, 2015.

Unfortunately these software provisions are not easy to comprehend or apply in practice. There is a lot of uncertainty around their interpretation. And IMHO they are going to cause far more harm than good. There is a real danger that some software creators will . . . [more]

Recently, I’ve heard from more and more clients that they’ve been contacted by a website and digital services provider offering to not only build them a new website but to provide content for the blogs on their site. Now, I could write a whole article on their websites, pricing model, quality of usability and practice of “re-renting” websites (including the content), but that will need to wait for another day. What’s really on my mind is the trend towards the “ghostwriting” of lawyer blog posts that we’re starting to see here in Canada.

In this instance, “ghostwriting” is whereby a . . . [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. R. v. Craig, 2009 SCC 23, [2009] 1 SCR 762

[1] Abella J. — The issue in this appeal is how to apply the forfeiture provisions for offence-related real property under ss. 16(1) and 19.1(3) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19.* Two interpretive approaches are possible. Neither is free from difficulty, but one is, it seems . . . [more]

I will turn 44 soon. I’m officially middle aged and mid-career. It has slowly – and I mean slowly – occurred to me that it’s time to update some of the old-school work tools that I use on a regular basis.

Buy a watch with a bigger face. I was used to relying on my delicate dress watch. But after visiting the Shinola flagship store in Detroit a few weeks ago, I realized that the reason why I like their watches so much is because the faces are so big. And I can read them.

Use the voice dictation software . . . [more]

Tablets are for information consumption. Voice options may be changing that a bit – for example, if you need help on where to bury a body – but it is challenging to create with a bare tablet. A keyboard will help but then you are straddling the laptop fence. There is one key productivity app that lawyers can use with little effort and no keyboard and that is the notebook. Some interesting notebook and journal apps have appeared recently that can make you feel as though you’re writing on a paper pad.

Writing on a tablet isn’t for everyone and . . . [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

Handy Windows and Mac Keyboard Shortcuts for Deleting a Whole Word
Dan Pinnington

When it comes to deleting text we have just typed, most of us will hit the Backspace (PC) or Delete (Mac) key. This works, but deleting text one letter at a time is not the most efficient way to correct your mistakes.
Deleting an entire word instead of deleting a single letter is much faster….

Research . . . [more]

A recent shift in the distracted driving law has granted the police the authority to confiscate and impound cell phones of drivers who are caught texting while driving. Drivers caught texting are subject to a fine, and the police may confiscate the driver’s phone for up to 48 hours. Just long enough for that cell phone dependent driver to really feel the loss of their “companion”, but not so long as to justify going out to pick up a loaner.

The hope is that depriving the driver of their beloved cell phone will serve as a greater deterrent than any . . . [more]

Full disclosure: It still feels like summer out here in BC, and I have not been keeping up on my usual law reading. A whimsical mood has set in. While I will try to link this next bit to the practice of law… well, I can’t promise to be convincing.

I’m always very interested to see how different media, such as blogs or Wikipedia articles, find their way as authorities into reasons for judgment. Earlier this year I popped a comment up on CanLII Connects about what might be the first Canadian judgment to cite a law blog for its . . . [more]