Last month I participated in the CBA Equal Justice Summit, and previously I wrote about its highly effective opening evening simulation.

I found the plenaries and parallel workshops equally stimulating. Indeed, they seemed to diverge in character from traditional conference sessions. The plenaries engaged participants with multimedia, debate, and even theatre. The workshops I attended were interactive, beyond a handful of questions post-presentation, and some drew from the diverse thoughts of panels larger than I often see in conferences.

The pursuit of equal access to justice is manifold, and Summit organizers, presenters, and many participants are active in . . . [more]

It seems that law enforcement agencies are commonly using the records of people’s cell phones to establish where the people (or at least their phones) were at material times.

A US court decision has recently refused to admit such evidence, as not being properly based on science. One expert quoted in the article calls this use ‘junk science’.

Have there been attacks on the use of cell phone records in Canada on the ground that they are not reliable indicators of location? Should there be?

The US case referred to tracking by use of the relation of the phone to . . . [more]

Two basic privacy principles are that no more personal info should be collected than necessary, and it should not be kept any longer than necessary. That flies in the face of repeated attempts by governments and law enforcement to collect and retain data, or to require others to retain it.

One example is attempts to pass laws to require ISPs and telecommunications companies to retain data on customers for a fixed period of time just in case it might be helpful to police. Denmark has had such a data retention law in place for many years. The Danish Ministry of . . . [more]

Clients sue their lawyers for a variety of reasons, not limited to cases where the lawyer has made an actual error. In a family litigation-based practice, there are a few common scenarios that increase the odds that a client will be dissatisfied with the results and seek to place the blame on legal counsel. While the list that follows is drawn from common claims against family law practitioners, it contains a number of useful lessons for litigators in general.

1. Emotionally invested clients

Clients who are emotionally invested in the issues under litigation are more likely to be dissatisfied . . . [more]

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 the week of May 14 – 21:

1. R. v. Duncan 2013 ONCJ 160
   

   5. At heart, Mr. Duncan’s case was unremarkable. A minor alleged Highway Traffic Act offence led to a police-citizen interaction in the parking lot of Mr. Duncan’s apartment building in the wee hours of the morning. A request that Mr. Duncan produce his licence led to an alleged refusal, which led to an

Must the highest legal officer in the land be a lawyer? Surprisingly, the answer is no.

Recently, the B.C. Court of Appeal dismissed an appeal from a decision of the BC Supreme Court that held that the appointment of a non-lawyer Attorney General (the Honourable Shirley Bond) did not breach that province’s Legal Profession Act. In Askin v. Law Society of British Columbia, 2012 BCSC 895, Madam Justice Stromberg-Stein held that “the Legal Profession Act cannot be read in a manner which limits the Lieutenant Governor’s absolute and unfettered right to appoint members to the Executive . . . [more]

Back in March I lamented, along with many others, the announcement that Google Reader is being discontinued. As I wrote, I have been exploring the use of Outlook for RSS. I also said that I dislike it, and my opinion has not changed. My team uses RSS to selectively gather information from specific feeds that we then pass along to others. We have found a replacement for Google Reader and a new method for sharing that Slawyers may be interested in.

Jennifer Merchant, one of the fantastic library team members at the Field Law Libraries, was tasked with . . . [more]

The confusion of the names of cases, what used to be called their “styles of cause”, is distressingly common. There is a recent decision of the British Columbia Court of Appeal called by CanLII, Poole v. Lombard General Insurance Company of Canada, 2012 BCCA 434, called by the D.L.R., Danicek v. Alexander Holburn Beaudin & Lang, 356 D.L.R. (4th) 710. Not one party is common to both reports of the case. CanLII notes the “Related Decisions” as (i) Court of Appeal, Danicek v. Poole, 2012 BCCA 65 (CanLII) – 2012-02-09, and (ii) Supreme Court of British Columbia, . . . [more]

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

I started off this column planning to write about free resources available from OUP. But then I started to think about the other on-line publishers, who also provide some limited content to non subscribers, and thought that this is something to be identified and shared in more detail. In a world where there is a rush to the monetization of knowledge, where we have a divide between the digital haves and have-nots , it is good to see that some of this knowledge is freely shared. For those with access to subscription resources, in law firms and universities, it’s sometimes . . . [more]

At the “Smartphones and Tablets: What’s Right For You” session at the Law Society of Upper Canada’s Solo and Small Firm Conference last week (archived webcast is available for purchase), there were a number of questions on syncing Android devices with MS Exchange/Outlook. In response my co-speaker Mike Seto prepared the following. As these questions appear quite common, I thought it would be helpful to share Mike’s answer with a wider audience.

If your calendar/email/contacts are on a Microsoft Exchange server, you can set up current Android phones to sync over the air without further software.

1. Add your exchange . . . [more]

Is it the future if it’s already here?

The Canadian Bar Association launched its Futures initiative with a view to helping legal practitioners best position themselves to face the challenges ahead, but it also took a look at the legal service providers who have already taken the plunge.

The Futures research has shown that there is no lack of ideas about how to face the future of the legal system, but none of them present a clear, obvious option. Any of them, or any combination of them, could work. Or maybe there’s another silver bullet out there, one creative solution . . . [more]