Far too often – at least in my opinion – courts and legislators don’t seem to understand technology related issues or how the law should fit with them. The Supreme Court of Canada, however, got it right with Spencer, which basically says that internet users have a reasonable expectation of anonymity in their online activities. Last Fall the SCC sent a similar message in the Vu case saying that a general search warrant for a home was not sufficient to search a computer found there. And that trend will hopefully continue with its upcoming Fearon decision on the ability . . . [more]

Negotiation theory is generally based on two models of negotiation:

– positional negotiation, which includes terms such as “distributive,” “competitive” and/or “adversarial,” bargaining

– interest-based negotiation, which includes terms such as “integrative,” “problem-solving,” or “cooperative problem-solving,” or “collaborative” bargaining

Prof. John Lande, of the University of Missouri School of Law’s Center for the Study of Dispute Resolution, also theorizes a third model, which he calls “ordinary legal negotiation”, which is a hybrid based on norms that develop in certain practice areas, geographical regions or under specific court or ethical rules.

In a pair of forthcoming articles in the Cardozo Journal . . . [more]

Do you avoid self-promotion? Do you grimace when others go on and on (and on) about their accomplishments and activities? You might be an “Invisible”.

In his new book, Invisibles: The Power of Anonymous Work in an Age of Relentless Self-Promotion, writer David Zweig explains why some people shun the spotlight while others aggressively compete for centre stage.

Quoted in an interview with Maclean’s Ken MacQueen, Zweig says that “Invisibles” are driven by “a strong sense of responsibility, a meticulous attention to detail and an ambivalence about recognition.” He adds that “they find their reward through work itself” and . . . [more]

The Canadian Association of Law Libraries List (CALL-L) is an e-mail discussion list fostering an interest in and discussion on law librarianship in Canada. A message went out today from CALL-L list owner/manager Susan Jones at the University of New Brunswick to all subscribers asking us to “opt in” to being on the list.

This measure is being taken to comply with Canada’s new anti-spam legislation coming into force on July 1st. While the list itself is not a commercial vehicle, some of the messages posted may be interpreted as such. From the message to subscribers:

CALL-L is used by

My colleague Greg Harding an active member of the Canadian Institute for the Administration of Justice. He recently alerted me to an upcoming half-day seminar taking place on Friday, September 26, 2014 titled Ethics and Civility in the Practice of Law. As the program describes, this session will address some tough questions:

Do the courts, and law societies have a role in regulating civility and, if so, how do their roles differ? What role is there for professional bar associations? What unique ethical and civility issues arise in the context of administrative proceedings? What special ethical and civility issues

1. A speeding ticket means your insurance rates will go up

Most companies will not increase your insurance rates for a first time, minor speeding ticket. However, if you accumulate two or three convictions within a few years, or get a major speeding ticket (more than 50 km/h over the speed limit), and you can expect a big rate increase, or a cancellation letter from your insurer.

2. Parking tickets can increase your insurance rates

Parking tickets do not have an impact on your auto insurance rates, but unpaid parking fines could affect your ability to renew your driver’s license . . . [more]

Not because it is Canada Day, but because the Superior Court of Justice is revoking all of its existing Practice Directions and implementing new Practice Directions on July 1st.

Over the past year the Ontario Superior Court of Justice undertook to review and consolidate all of its Regional and Provincial Practice Directions.

The stated intention was to achieve an “administrative re-set” and to try to identify and eliminate obsolete and redundant Practice Directions while at the same time consolidating, simplifying and better organizing the Practice Directions that are to remain in effect.

As of July 1, 2014, the new Practice . . . [more]

This was the title of a paper delivered by Mr Justice David Brown at the OBA Civil Litigation and Insurance Sections End of Term Dinner held 11 June 2014.

It addresses why our system is not achieving its fundamental goal of achieving fair, timely and cost-effective determination of civil cases on their merits.

The paper is in three parts: symptoms, causes and the remedies needed to unleash institutional ability and skills so that the Ontario Superior Court of Justice is the best trial court in North America.

You can read it here – 2014.OBA.Civil.end.term.paper.june.14

Among other things, the paper sends . . . [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. AvoidAClaim 2. Legal Feeds 3. Henry J. Chang 4. National Blog 5. Barry Sookman

Avoid a Claim
practicePRO Resource: Technology Use Policies and Resources

Written policies that clearly establish guidelines and requirements governing the acceptable use of firm technology can help reduce cyber exposures and give staff clear direction . . . [more]

In a challenging economy, many lawyers scramble to maintain a steady stream of work in their established areas of practice. Faced with pressure to keep fees stable, these lawyers sometimes decide that the only way to boost billable hours is to take on new clients with legal needs in areas in which they haven’t previously practiced, or to offer new categories of legal services to existing clients.

What could go wrong? Plenty.

Errors that flow from dabbling in practice areas outside a lawyer’s scope of competence can have significant financial consequences for clients. Those consequences can prompt a client to . . . [more]