Canada’s online legal magazine.

“Law Is an Information Technology”

That’s the first line in a recent article from the Fordham Law Review by John O. McGinnis and Russell G. Pearce, an article which I’ve added to my “must read” list.

There’s been a lot of talk about disruption and innovation in law practice. In “The Great Disruption: How Machine Intelligence Will Transform the Role of Lawyers in the Delivery of Legal Services,” the authors note that “the disruption has already begun” and take a look at “the weakening of lawyers’ market power over providing legal services.”

The article is presented in two parts:

“Part I describes

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

Legal Stream

As those who’ve read Slaw for a while might know, I’ve been critical in the past about the way the news media treat law. Simply put, law does not figure in their analysis of things that make the world go round. This is easy — and distressing — to see by looking at the way in which news media categorize their content. The Globe and Mail, for example, doesn’t include “Law” or “Justice” in any of its major menu headings, and only by looking at the website’s site map can we find “Law” among the 175 possibilities as a third . . . [more]

Posted in: Legal Information: Publishing

10 Ways to Build a Better Clientele

The impact of poor client selection and sloppy client service will be magnified in trying economic times. In response, you want to proactively take steps to build and retain a better clientele. Here are some pointers to help you meet that goal. This article orginally appeared in the Fall 2008 issue of LAWPRO Magazine.

  1. Get a retainer up front: The best way to ensure that you get paid in full at the end of a matter is to obtain a retainer at the matter’s start. After you and your client reach a consensus on what work you need
. . . [more]
Posted in: Reading: Recommended

Legal Research Training in 2014: Lapped Again

Training United States law students in the skills of legal research has never been easy. It is hard to do well, but that is not the heart of the problem. The lack of institutional support for the effort has always presented the most basic of challenges. Like regular exercise or avoiding sweets, research skills are much praised but seldom actualized. At most law schools legal research is part of the first year curriculum. It is almost inevitably taught by non-tenure track instructors. In the hierarchy of U.S. legal education, and hierarchy is a major theme for law schools, non-tenure track . . . [more]

Posted in: Legal Information

Climate Change Class Actions Could Spur Greater Emergency Preparedness

There are no such things as natural disasters, only situations with disastrous consequences due to lack of social preparedness. This sentiment was a quite common one to encounter during my time working in emergency management. For example, Ilan Kelman states,

The term “natural disaster” is often used to refer to a disaster which involves an event originating in the environment. The term has led to connotations that the disaster is caused by nature or that these disasters are the natural state of affairs. In many belief systems, including Western thought, deities often cause “natural disasters” to punish humanity or

. . . [more]
Posted in: Practice of Law: Future of Practice, Substantive Law: Foreign Law

Summaries Sunday: Maritime Law Book

Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week’s summaries concern:
Armed Forces – Criminal Law – Company Law – Constitutional Law – Copyright :

Armed Forces – Civil Rights – Criminal Law

Wehmeier was a former Canadian Forces member who was employed as a peer educator at a decompression centre operated by the Forces in Germany and

. . . [more]
Posted in: Summaries Sunday

Sleep Deprived and Proud of It

Law firms and sleep deprivation seem to go together. So when The Atlantic needed a real world example to lead off their piece on the topic, guess which profession was front and centre?

And the described daily routine is brutal:

“Missy rises at 5:30 a.m. to run on the Capital Crescent Trail or head downtown to work out with a personal trainer. She’s back home by 7 to make sure the kids are awake and getting ready for school.

… “Arrives at her spacious office by 8:30 or so”

… “gets home between 7:30 and 8”

Then: dinner, which

. . . [more]
Posted in: Miscellaneous

Show Me the Money … Reprise

I thoroughly enjoyed all the discussion around my last column. It seems to me that these conversations are really around our long-time favourite legal publishing topic: where will change come from and what will it look like?

Colin Lachance’s response gave me plenty to think about. What’s the business model of the future for Canadian legal publishers? (This is another way of saying “show me the money”.) And what will new legal information sources look like?

There’s obviously an appetite in many parts of the country for more relevant and cost-effective secondary sources. Our CLEBC publishing program is something . . . [more]

Posted in: Legal Publishing

The Friday Fillip: My Big Bach Theory

Bach is the best.

Better than all the other big B’s — Buxtehude, Beethoven, Brahms, Bruckner, Bizet, Berlioz. . . . Better even than the M’s — Mozart, Mendelssohn, Mahler . . .

Foolish thing to say, though: that one composer at that level of excellence is “better” than another. Surely “different” is the right word. But for me, Johann Sebastian is the bees knees, il miglior fabbro, Napoleon brandy, the MVP.

Now I know that baroque music is not to everyone’s taste: it’s been called “sewing-machine music” because of the underlying ricky-ticky, rum-tum-tum lines that keep the . . . [more]

Posted in: The Friday Fillip

HeinOnline and Fastcase Win American Association of Law Libraries New Product of the Year Award

The American Association of Law Libraries (AALL) announced this week that Fastcase and William S. Hein & Co. were the joint winners of its 2014 New Product of the Year Award.

According to AALL:

“This award honors new commercial information products that enhance or improve existing law library services or procedures or innovative products which improve access to legal information, the legal research process, or procedures for technical processing of library materials. A “new” product is one which has been in the library-related marketplace for two years or less.”

Under the partnership with Fastcase announced last July, HeinOnline . . . [more]

Posted in: Legal Information: Libraries & Research, Legal Information: Publishing

A New Generation Requires New Structures for Law Firms

The early articling hire-back numbers look dismal for a number of firms in Toronto, and this, coupled with the lengthening number of years that it takes associates to make partner – if they ever do – and the merry-go-round of serial lateral partners, should make all lawyers stop and think about how this environment is shaping the next generation of Canadian lawyers, and in turn, the structure of legal services providers.

My friend, consultant, John Chisholm was recently quoted in Australia’s, Lawyers Weekly. “I hear from senior associates who have had to wear the fact that their partnership prospects . . . [more]

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

Federal, British Columbia and Alberta Privacy Commissioners Issue New Guidelines for Online Consent

Many companies seem to be struggling with the issue of online consent, according to a 2012 study by the Office of the Privacy Commissioner of Canada (OPC). The review of popular Canadian websites showed significant shortcomings in how organizations communicate their online privacy practices to consumers. On May 8, 2014, the federal, British Columbia and Alberta Privacy Commissioners published new guidelines to help organizations understand the importance of being transparent about their online privacy practices, specifically regarding consent.
Posted in: Substantive Law, Substantive Law: Legislation

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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