Canada’s online legal magazine.

Small Firm Marketing: Common Questions Answered

Running a small business successfully is tough – in any industry. In British Columbia approximately 98% of businesses are classified as small business, so those of us in B.C., and several other provinces actually, we’re in good company. The challenge, though, is producing high quality work while positioning yourself, and your business, for long term success.

You want to make smart business decisions and invest your time and financial resources wisely. Some firms will ponder marketing for a while before they begin, while others take a “let’s throw everything at them” approach.

Here are some of the most common questions . . . [more]

Posted in: Legal Marketing

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. R. v. Vu 2013 SCC 60

    [1] In this case, the digital and Internet age meets the law of search and seizure. The encounter raises a novel issue: does the traditional legal framework require some updating in order to protect the unique privacy interests that are at stake in computer searches? The traditional legal framework holds that once police obtain a warrant to

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

Senate Reform at the SCC

We know that today marks the start of the Senate reform reference at the Supreme Court of Canada. I am certain that many of us wish we had three days to devote to viewing the webcasts of this event. If you cannot make the time for full attention to the webcast, Eugene Meehan kindly tweeted some of the grab and go information sources.

Tweet by tweet coverage is being handled by:

There are some hashtags that are currently in use including #SenCa #SCC and #cdnpoli

If you are planning to watch an SCC Webcast, . . . [more]

Posted in: Legal Information: Publishing, Substantive Law: Judicial Decisions

Québec Court of Appeal on Senate Reform

On the day that the Supreme Court begins to hear argument in the federal government’s reference concerning reform of the Senate (In the Matter of a Reference by the Governor in Council concerning reform of the Senate, as set out in Order P.C. 2013-70, dated February 1, 2013), it is appropriate, perhaps, to point out that the judgment by Québec’s Court of Appeal in a reference begun by the provincial government is in fact available in English.

Projet de loi fédéral relatif au sénat (Re) 2013 QCCA 1807 was summarized by SOQUIJ for Slaw last Sunday, and, . . . [more]

Posted in: Substantive Law: Judicial Decisions

Tips Tuesday

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

Passphrases Can Help You Remember Complex Passwords
Dan Pinnington

Creating a long, unique, complex (letters in upper and lower case, numbers and symbols) and random password for every service you use is the best practice standard when it comes to using secure and strong passwords.MP900390550 If you follow this advice however, your passwords will be an unreadable mix of letters, numbers and characters. . . .

Research

When You . . . [more]

Posted in: Tips Tuesday

Keep Your Marbles

Law firms are spoiled for choice when it comes to cloud computing services. You can place any or all of your practice technology somewhere other than your office. The maturing of the cloud world, and the seemingly endless proliferation of open source software, create additional options. If you are on the fence about where your information lives, these may push you over.

A challenge of using cloud or hosted Web services is the same kind of change that occurs on your desktop. Companies shut down products, change their business model and start charging for something that was free, or go . . . [more]

Posted in: Legal Technology

IP Osgoode Videos of Symposium on “User-Generated Content Under Copyright Law”

IP Osgoode has put online a series of videos of the panel discussions held during their symposium on User-Generated Content (UGC) Under Canadian Copyright Law held at Osgoode Hall Law School a month ago. You can see all six of the videos on the IPOsgoode site or view them on YouTube, the links for which are below:

  • Video I: Practical Examples of UGC – Daniel Rosen, Gordon Duggan, Victor Nabhan (Panel Chair)
  • Video II: Legal Aspects of UGC – Victor Nabhan, Samuel Trosow, Leonard Glickman, Pina D’Agostino (Panel Chair)
  • Video III: Specific UGC Legal Aspects – Eva
. . . [more]
Posted in: Education & Training: CLE/PD, Substantive Law

TV Cameras in the UK Court of Appeal

After a 20 year campaign by TV lobbyists, on 31 October the UK Court of Appeal welcomed cameras into their courtrooms.

Live transmissions will operate with a 70-second delay so that the judges can halt broadcasts if there is evidence that needs to be excluded for legal reasons or to screen out offensive language.

Proponents believe it will assist the public in understanding the way courts work and to see the way justice is delivered. Not all jurists are in favour: read the views of Helena Kennedy Q.C. here. . . . [more]

Posted in: Miscellaneous

A Checklist for Avoiding Conflicts on Lateral Lawyer Transfers

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]

Posted in: Practice of Law: Practice Management

Remembrance Day – #LestWeForget

In Flander’s Fields
by John McCrae

In Flanders fields the poppies blow
Between the crosses, row on row,
That mark our place; and in the sky
The larks, still bravely singing, fly
Scarce heard amid the guns below.

We are the Dead. Short days ago
We lived, felt dawn, saw sunset glow,
Loved and were loved, and now we lie
In Flanders fields.

Take up our quarrel with the foe:
To you from failing hands we throw
The torch; be yours to hold it high.
If ye break faith with us who die
We shall not sleep, though poppies grow . . . [more]

Posted in: Miscellaneous

Utopia, Dystopia and Alternative Business Structures

I’ve spent a lot of time over recent months thinking about alternative business structures and how to think about regulatory liberalization.

Except in very limited circumstances[1], only lawyers[2] can have an ownership interest in a legal practice whether organized as a partnership, a limited partnership or a professional corporation. As a practical matter, only legal and strictly ancillary services can be offered to clients by a legal practice.

Individuals and small businesses are overwhelmingly served by lawyers in sole practice or in small firms. Lawyers sell their time to clients. Time is measured in billable hours. The . . . [more]

Posted in: Legal Ethics

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada's award-winning legal blogs chosen at random* from forty-one 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. Rule of Law   2. Environmental Law and Litigation   3. Legal Feeds   4. Kelly Santini LLP’s Employment Law Blog for the Suddenly Unemployed    5. Henry J. Chang’s Canada-US Immigration Blog
Posted in: Monday’s Mix

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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