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The Friday Fillip: Tout Court

I recently came across some cartoons about Supreme Court advocacy that I’d done up a number of years ago—and since The Friday Fillip is a bully pulpit of sorts, and since nothing out there has particularly caught my attention this week, I make so bold as to impose them on you. (Funny how the last one is no longer funny.)

All of which is respectfully inflicted…

. . . [more]

Posted in: The Friday Fillip

Traditional vs. Online Marketing

The traditional marketing mix – product (service), price, place, and promotion – is evolving as the mix is grows in complexity. Marketing is no longer static as online marketing continues to challenge traditional marketing. Conversations are happening through various channels and for this reason marketing needs to be more fluid than ever.

Some key trends influencing the legal marketing mix:

  • Word of mouth: There was a time when networking at the country club or local chamber of commerce event could connect you with prospects and those prospects could quickly investigate your reputation This still works but also consider that social
. . . [more]
Posted in: Legal Marketing

January 2014 Issue of Connected Bulletin on Courts and Social Media

The January 2014 issue of Connected is now available online.

The bulletin covers news about the impact of social media on courts. Most of the items are about the United States, but there is occasional coverage of other jurisdictions.

The bulletin is published by the Virginia-based National Center for State Courts and the Conference of Court Public Information Officers.

In this issue:

  • Florida judge removed from divorce case after sending litigant friend request
  • Two new jury resources from Reynolds Courts and Media Law Journal: “Jury Instructions Cautioning Against Use of the Internet and Social Networking,” developed by The American College
. . . [more]
Posted in: Technology: Internet

Articling Fees and Access to Justice

Yesterday morning, thousands of third-year law students across Ontario each received invoices totalling $4,859 for the articling licensing process (an increase of 79% from last year’s fee of $2,712). I was one of the lucky ones; after having a brief panic attack, I was able to forward the invoices to the law firm at which I will be articling to have them paid off. But for many, the fees present yet another barrier to entry into an already restrictive profession.

The increased fees, of course, restrict fair access to the legal profession – many students are forced to take out . . . [more]

Posted in: Education & Training, Justice Issues

Heenan Blaikie Winding Up

Following up on Omar’s recent post on an impending announcement from Heenan Blaikie regarding its future, the firm announced last night that it was winding up operations. This announcement has sent sent proverbial shockwaves through the legal community. It’s also made front-page headlines in many major newspaper across the country – something I haven’t seen before.

The Globe & Mail released an article last night and followed up with print articles this morning:

The firm said in a release late on Wednesday that an “orderly wind-up” will span several months and make it possible to “ensure a harmonious transfer” of

. . . [more]
Posted in: Practice of Law: Practice Management

Assessing an Arbitrator’s “Predilection for Bias”

Arbitrator independence and fairness are the cornerstones of arbitration. They seem to be coming under greater scrutiny, both in Canada and abroad.

There are many sources of bias in any adjudication system, whether it is court or arbitration. (This may be a topic for another column, but see for example arbitrator Edna Sussman’s paper, “Arbitrator Decision Making: Unconscious Psychological Influences and What You Can Do About Them,” December 20, 2013, American Review of International Arbitration, Vol., No. 3, 2013 available online here.)

The accepted test for arbitrator bias in Canada was established by the Supreme Court of . . . [more]

Posted in: Dispute Resolution

Thursday Thinkpiece: Poblet on Visualizing Legal Open Data

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.

Visualizing the law: Crisis mapping as an open tool for legal practice
Marta Poblet
Journal of Open Access to Law Vol 1, No 1 (2013)

(This work is licensed under a Creative Commons Attribution 3.0 License. This work, as excerpted, has not been altered.)

Excerpt pp. 3-6

2. Maps as Interfaces: Visualizing . . . [more]

Posted in: Thursday Thinkpiece

The Legacy of Phoenix Sinclair

Phoenix Victoria Hope Sinclair was born in Winnipeg on April 23, 2000. She was apprehended by child welfare authorities at birth, and spent her life in and out of the care of her parents. She died at Fisher River on June 11, 2005 but her death was not discovered until the winter of 2006. Her mother and her mother’s partner were charged and convicted of first-degree murder and are serving life sentences.

In March 2011, an inquiry was called under The Manitoba Evidence Act to look into:

  • the child welfare services provided or not provided to Phoenix and her
. . . [more]
Posted in: Justice Issues, Miscellaneous, Substantive Law

Some CASL Clarification

CRTC and Industry Canada representatives provided some insight into their thoughts on CASL (the new anti-spam law that kicks in July 1) in an IT-Can forum on Monday.

To come under the complex CASL rules, the email must be a “commercial electronic message” or CEM. It does not take much to cross that threshold. An example of a law firm emailing details about a new court decision was discussed. If a pure case summary was part of or attached to an email (eg The Supreme Court of Canada today released a decision that decided…), and the email had a standard . . . [more]

Posted in: Substantive Law

Wednesday: What’s Hot on CanLII

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. Rochon v. MacDonald 2014 ONSC 591

    [7] It is important to distinguish between liability for the accident and liability to pay a judgment. The apportionment of liability is one of the factors that the court should consider in exercising discretion under section 131 of the Courts of Justice Act, R.S.O. 1990, c.C-43 (see Rule 57.01). The practical obligation to pay a judgment is

. . . [more]
Posted in: Wednesday: What's Hot on CanLII

Will XP Be Attacked in April 2014?

Unless you’ve been hibernating, you know that support for Windows XP SP3 will end on April 8, 2014. This means that Microsoft will not be providing any security updates after that date. Should you care and quickly run out and purchase an upgraded operating system? Many critics are claiming that Microsoft is stopping support in order to increase sales of the more current operating system software. Others are predicting that the sky will fall as hackers are just waiting to release their latest malware right after April 8th. We believe that there will be attempts to compromise Windows . . . [more]

Posted in: Legal Technology

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