Canada’s online legal magazine.

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

Use Speak Selection to Have Your iPad or iPhone Speak to You
Dan Pinnington

Sometimes you just want to sit back and listen. It is very easy to have your iPad or iPhone read text to you (iOS 5 and iOS6). Go to Settings > General > Accessibility and turn “Speak Selection” to on. After doing this, simply…

Research

Remember Open Data
Shaunna Mireau

Today’s Tip is really about

. . . [more]
Posted in: Tips Tuesday

Are in-House Lawyers Influenced by Social Media?

The results of the 2013 In-House Counsel New Media Engagement Survey conducted by GreentargetInsideCounsel and Zeughauser Group in February 2013 reveal that among the 379 in-house counsel who responded, social media use and consumption of information on mobile devices are on the rise.

Here’s a breakdown of some of the results and what lawyers can do to get the attention of in-house counsel online.

Most Popular Media for In-House Counsel

LinkedIn, the “professional network,” is the one in-house counsel turns to most to obtain information and to expand their professional contacts. Two thirds of all respondents . . . [more]

Posted in: Legal Marketing

CALL/ACBD Endorses Joint Statement on Qualities of a Successful Librarian and Archivist of Canada

The Canadian library and archival communities share a common interest in the impending appointment of a new leader for Library and Archives Canada. Over the past week, the Canadian Association of Law Libraries has collaborated with other national and provincial associations to consider the qualities we believe are necessary for a successful candidate to the position of Librarian and Archivist of Canada.

For more information, and to read the Joint Statement visit this link.

See also:

CAUT’s Efforts to Save Library and Archives Canada
CAUT’s List of Federal Library Closures. . . . [more]

Posted in: Legal Information

What Have You Done for the Client Lately?

Save the cheerleader, save the world. That was the tagline for the popular first season of the TV show Heroes several years ago – the cheerleader was the key to the mystery.

In terms of the legal industry, expert Richard Susskind suggests that kind of causal relationship might be stated as “change the incentives, change the behaviour” – incentives are the key to creating a profession that can flourish into the next decade and beyond.

In a paper prepared for the CBA’s Legal Futures Initiative, Susskind notes six key issues facing the legal industry, many of them also noted by . . . [more]

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

Inadequate Investigation/Discovery Now the #1 Cause of Claims

The devil – as they say – is in the details.

And it’s the details that appear to be creating issues for lawyers when it comes to the principal underlying cause of LAWPRO claims.

Back in 1998, “inadequate discovery of fact or inadequate investigation” was the fifth most common cause of a claim when we looked at the top five reasons a claim was made against a lawyer.

Since then the claims cause of “inadequate investigation” has climbed steadily upwards to the number one spot: By 2011, this category of errors had more than doubled in frequency. Moreover, claims resulting . . . [more]

Posted in: Reading: Recommended

Is It Feasible to Restrict a Practice to Advocacy Services? Short Survey.

If you are a civil litigator and a matter you have handled through pleadings, discoveries and unsuccessful mediation must now go to trial, would you consider recommending that your client hire a lawyer who has substantially more trial experience to run the trial, with your continued involvement? Assume the cost to the client would be the same as if you took the trial.

If the answer is No, is it because:

A) a new lawyer could never get the feel for the evidence you have built up through your involvement;

B) it is not worth it merely for more trial . . . [more]

Posted in: Practice of Law: Future of Practice

BCCA Practice Directive Re Citation of Authorities

The British Columbia Court of Appeal recently (May 30) released a practice directive dealing with the citation of authorities. Based on the McGill Guide, as you’d imagine, it sets out in detail what the court (the directive would have “Court”) requires, down to the level of periods and point size. Importantly, it recognizes the supremacy and sufficiency of the neutral citation, noting that “[a]dditional (parallel) citations are optional.” The directive also encourages the use of hyperlinked citations and requires citation to paragraph number rather than page number, inferentially acknowledging the death of print versions.

The comparable directive from the . . . [more]

Posted in: Practice of Law, Technology: Internet

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. Doorey’s Law of Work Blog 2. Thoughtful Legal Management 3. Social Media for Law Firms 4. First Reference Talks 5. Entertainment & Media Law Signal

Doorey’s Law of Work Blog
‘Insubordinate’ Articling Student Dismissed For Cause 

A lawyer in British Columbia has lost his wrongful dismissal case against a . . . [more]

Posted in: Monday’s Mix

Of Taj Mahals and Strip Malls

A professional friend of mine in the health-care field once confided to me his very wise approach to automotive shopping. “You want to be classy. Refined. Executive. I can’t show up in an old econo-box and still expect the patients to trust and respect me” he said. “On the other hand, there’s a balance. You don’t want to be so classy, refined or executive that your patients leave your office through the parking lot wondering why they’re paying you so damn much.” Kia and Porsche? Not so much. Stylish but sensible Acura? Just right.

It turns out that courthouses can . . . [more]

Posted in: Justice Issues

G20 Class Action Fails Certification

When the Class Proceedings Act was introduced in Ontario in 1992, the major underlying rational was that mass tort claims could be dealt with more effectively and efficiently. Litigating these multiple claims collectively would save the courts time and money. Class claims would also be more economical for the parties because they would not need to re-litigate the same facts repeatedly in several forums.

For plaintiffs in particular, the ability to join claims together where the damages would not independently justify securing counsel gave rise to the possibility that members of the public could access the courts in ways that . . . [more]

Posted in: Substantive Law: Judicial Decisions

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:
Criminal Law / Motor vehicles / Indians, Inuit and Métis/ :

Manitoba Métis Federation Inc. v. Canada (Attorney General) 2013 SCC 14
Civil Rights – Constitutional Law – Indians, Inuit and Métis

Manitoba entered Confederation on July 15, 1870, following the passage of the Manitoba Act, 1870. Section 31 of the Act provided for . . . [more]

Posted in: Summaries Sunday

Ontario Benchers Lose Their Extravagant $75,000 Annual Dinner

I received from a friend, Banack Bencher News #114. This newsletter is sent out by Ontario Bencher, Larry Banack. What caught my eye was the following provision:

The Treasurer has cancelled the Law Society’s traditional end of term dinner which had recognized the hard work of Benchers and the sacrifice of our families. This will save about $75,000.00 [emphasis added]. This small step will hopefully be a prelude to more significant savings to reduce the high cost of self-regulation. It is in conjunction with the CEO quest for improvements to achieve operational and cost efficiencies to ensure that the Law . . . [more]

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

3li_EnFr_Wordmark_W

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