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ILTA 2012

The International Legal Technology Association conference is happening right now in Washington, D.C. In addition to the conference blog, Mary Abraham of Above and Beyond KM is sharing reports of the conference on her blog. Mary’s recent posts include:

As you can infer from Mary’s post titles, you can also follow the conference by its Twitter hashtag #ILTA12

You can follow the conference by . . . [more]

Posted in: Education & Training, Technology

Divisional Court Calls for Reform of Ontario’s Residential Tenancy Laws

Residential tenancies are governed in Ontario by the Residential Tenancies Act, 2006 (the “RTA”). Whether you are pro-landlord or pro-tenant it is hard to argue with the fact that the RTA heavily favours the rights of tenants over the rights of landlords as property owners and service providers. In Ontario, it is illegal for a landlord to, among other things, require (or even obtain on consent) a damage deposit, require the tenant provide post-dated cheques, or prohibit a tenant from owning a pet. If a tenant vandalizes a rental property and up and leaves in the middle of the . . . [more]

Posted in: Practice of Law

The Future of Cost Recovery

For most law libraries, the percentage of the library budget representing subscriptions to online databases has been increasing. Many of these subscriptions represent multi-year contracts and there is little flexibility in the contracts to accommodate budget cuts.

For law firm libraries, one way of alleviating the effect of the increasing cost of these databases is to pass some of it on to clients. How this is done varies amongst law firms; some pass on all online costs to clients, some charge back a percentage of costs, and some just treat them as overhead. My 2011 survey of Vancouver-area law firm . . . [more]

Posted in: Legal Information

LAWPRO’s Domestic Contract Matter Tooklit Helps Family Law Practitioners Reduce Claims

The following article from the August 2012 issue of LAWPRO Magazine introduces LAWPRO’s new domestic contract matter toolkit. The toolkit can be downloaded in full or in part at www.practicepro.ca/checklists

Between 2007 and 2011, 830 family law claims were reported to LAWPRO. These claims are costly. Resolving them will cost LAWPRO approximately $21 million. Some of these claims arose due to real (or alleged) problems with domestic contract matters. That is the bad news.

Domestic contracts are complex documents that deal with complicated issues involving emotional clients. The dangers are real and there are many places that errors can . . . [more]

Posted in: Practice of Law, Reading: Recommended

Canada’s “First to File” Change to Patent Law Harmed Small Inventors

Way back in 1989 Canadian patent law changed from a first-to-invent system to a first-to-file system. Now the United States, a last hold-out along with the Philippines, will soon switch in the same way, pursuant to §3 of the America Invents Act, which will come into effect in March of next year.

A recent article in the New York Times (Steve Lohr, “In Canada, the Impact of America’s New Patent Law Is Seen“) points us to an article by two University of Pennsylvania professors (economics, law) that uses the Canadian experience in the years before and after . . . [more]

Posted in: Substantive Law: Foreign Law, Substantive Law: Legislation

The Most Successful Court Mediators Are Not Necessarily Lawyers – and Other Findings From the Court Mediation Program

 Mediation is gaining popularity in Canada but promotion of mediation is still mostly anecdotal. To develop further, the field needs a more solid foundation of deep empirical research. Mediate BC is attempting to fill some of the gaps based on fourteen years of data collection by its Court Mediation Program (the “CMP”). The CMP has administered the mediation program in the Provincial Court of BC, Small Claims Division, since 1998 and now mediates claims up to $25,000 in Vancouver and up to $10,000 in four other locations. The CMP recently celebrated its 20,000th referral! It has thousands of mediations in . . . [more]

Posted in: Dispute Resolution

Dropbox Adds Two-Step Verification

Dropbox is still the most popular cloud-based file sharing and storage system, so its success and failures will inevitably signal how quickly the legal community warms up to the cloud.

Dropbox has recently come under scrutiny for a number of security failures. In response to breaches discovered earlier this summer, they have just introduced a new two-step verification on their accounts.

The two-step verification will be optional for users, and allows them to impose a new security code on top of passwords. The code is sent directly to a cell phone, and can be used whenever the account . . . [more]

Posted in: Technology: Internet

The Practical Purposes of Law School

Law students are increasingly frustrated with the utility of legal education during a difficult economic market. As Cooley law school graduates realized recently, their lack of foresight over job prospects may not be compensable by law.

But still law students and prospective law student are still trying to figure out what the purpose of law school is supposed to be. Law schools insist that the philosophical underpinnings of law are an essential background for entering practice, arguably one of the several distinguishing characteristics from paralegals or other professionals working in the legal field.

Michael Plaxton discusses this question in a . . . [more]

Posted in: Education & Training: Law Schools

The Google Challenge

A nice little infographic, challenging us to take account of our online personae.

Has your cellphone number leaked out by accident? Are your eHarmony details jangling cacophonously with your LinkedIn resume? Do your Dad’s Facebook updates invite snark from your hipster webdev team?

Some may be surprised to learn that they can control some of this info. Others may be surprised to learn how little of it can be controlled. For instance, deep web data is now being exploited by US political fundraisers, in ways similar to established marketing practices. This data, scooped from banking transactions and the . . . [more]

Posted in: Miscellaneous, Technology: Internet

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Attention: what follows is not me, my head shot above is not representative of the following paragraphs. Over the course of the summer Veronika Kollbrand has been of invaluable assistance working with us as a reference assistant. Veronika has completed her first year as an Information Management student here at Dal and will be embarking on her 1st year at Schulich Law in about a week+. As I have done previously I wanted to give her a Slaw blank slate to post on a topic she was interested in, the only guidance I provided was to generally keep it . . . [more]

Posted in: Education & Training, Education & Training: Law Schools

Facing the Articling Crisis

by Sukhpreet Sangha*

The “articling crisis” has a face. It is mine and it might be yours and it is certainly many others’. It belongs to me less than to others, but for approximately eighteen hours my face, and my selfhood, had this crisis written all over it.

As those fortunate enough to be absented from the articling mêlée might not be aware, August 13th-15th marked the main, Law Society of Upper Canada-governed, Toronto articling recruitment process. Those in downtown Toronto might have noticed an odd confluence of anxiety-ridden baby lawyers running around looking out of place . . . [more]

Posted in: Education & Training

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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