Lateral hiring of partners or associates occurs at firms of every size, and is becoming far more common. In addition to reviewing the transferring lawyer’s credentials and suitability, the transferring lawyer and firm will need to identify and deal with potential conflicts of interest that may arise with respect to clients at the transferring lawyer’s previous firm, and in particular, clients for whom the transferring lawyer worked.

This critical task is not as easy as it might seem on first thought. The hiring firm must have sufficient information to complete an internal conflicts check, while at the same time making . . . [more]

Auditions are currently open until December 6th for students who would like to participate in the third Twitter Moot taking place on Friday, February 28th. Unlike a traditional moot held in a courtroom type facility, a Twitter Moot takes place online via Twitter (hashtag #Twtmoot).

From the West Coast Environmental Law website:

On Friday, February 28th, 2014 at 10am PST (1pm EST), students from law schools across Canada will argue an appeal over Twitter about the duty of Canada’s governments to consult First Nations on mines development.

The appeal, to be heard before three judges of the

. . . [more]

Canadian International Lawyer, a journal published by the Canadian Bar Association’s section on international law, has put out a call for submissions in all the journal’s sections (articles, case commentary, practice notes, legal developments) for its two upcoming issues (summer 2014 and winter 2015). According to Noemi Gal-Or, the journal editor:

Articles should have a practice focus, relevant to Canadian international legal practitioners. Instructions to authors can be found [via email] at CIL@cba.org.

The journal is published twice annually with articles in English or in French and is available free to CBA members who have joined the international . . . [more]

In 1936, Yale law professor Fred Rodell wrote “[t]here are two things wrong with almost all legal writing. One is its style. The other is its content.”

Some things never change, but the growth of legal blogging over the past decade would give hope to even Professor Rodell that not all legal writing must suffer from these twin deficiencies. In fact, the good professor might even be persuaded to accept that short form legal writing through blogs serves as a valuable source of legal scholarship.

In the context of a for-credit tech law internship overseen by the University of Ottawa . . . [more]

This week the randomly selected blogs are 1. Legal Feeds   2. Wise Law Blog   3. Human Rights in the Workplace   4. Environmental Law and Litigation    5. Lee Akazaki: SQP jeunes avocats | new lawyers’ mentorship

Switch hitting. Going over to the dark side. Seeing the light. I’ve been the target of a lot of clichés since my decision several months ago to dip a toe into the waters of becoming a per-diem Crown Attorney. My motivation was a desire to gain a deeper understanding of the machinery that inexorably grinds our system forward inch by inch (and not by the laughable pay rate that has the dubious distinction of being the only legal remuneration to make Legal Aid funding appear moderately generous). After spending nearly fifteen years exclusively as a criminal defence lawyer, my . . . [more]

Pénal: Le jury n'a pas été instruit sur une question importante qu'il devait trancher, à savoir si c'est le trouble mental ou l'intoxication qui a rendu l'intimé, reconnu non criminellement responsable en raison de troubles mentaux du meurtre de ses enfants, incapable d'un jugement rationnel; par conséquent, la tenue d'un nouveau procès est ordonnée sous l'accusation de meurtre au premier degré.

This week's summaries concern: Authority to search computers / Enforcement of condominium bylaws / Privity of contract / Assault in soccer game:

Times are rough for everyone, but law students are still feeling the brunt of the economic contraction as there are less and less jobs. Osgoode and Ottawa students seem to be affected the worst, while Queen’s, Western and UofT have fared slightly better. A total of 351 students were hired by Bay Street firms this year, which can be compared to 379 hires in 2012, 403 in 2011 and 444 in 2010.

Theses figures are available through UofT’s law student paper, Ultra Vires, which describes the situation as a “bloodbath.” The data was compiled through information provided by firms, . . . [more]

In Canada, law is largely a self-regulating profession: our Law Societies create and administer standards of lawyer conduct as means of guarding our professional independence and promoting lawyers’ professionalism. But as the legal profession absorbs shockwaves from increasing globalization, technology, and liberalization, it’s worth asking whether the public interest continues to be served by traditional means of regulating lawyers’ conduct. As the practice of law changes and innovates, what’s the best way to ensure standards are met amongst lawyers – and how do we ensure any standards at all for non-lawyers involved in new models of legal practice?

For the . . . [more]

A recent article in Forbes magazine reported that a survey conducted by Careerbliss.com found that the unhappiest workers in America were associate attorneys. Legal assistants ranked seventh. Law partners weren’t mentioned.

This same survey stated that the happiest workers in the United States were real estate agents! Given the state of the American real estate market recently this doesn’t lend much credibility to the previous claim.

Regardless of the accuracy of the survey findings, anyone who has ever been an associate lawyer in private practice knows the stresses of learning the law, building a practice, grappling with more senior aggressive . . . [more]

I have pet peeves, though why I keep them as pets I’m not entirely sure. Perhaps we all need bits of special grit that irritate us usefully about unimportant things, opening small vents for some the pressure that builds up thanks to civilization so that our lids don’t blow right off — rather in the way that humour might be seen as a relatively safe form of aggression. I think of this as the snuff theory of peevishness: carry your irritants in a pouch with you at all times; administer a dose when tension rises too high; release the stress . . . [more]