Given that it is Law Student Week at SLAW, I thought it appropriate to dedicate this post to the OBA’s recent recommendations to the LSUC Task Force on the future of articling.

Scrutiny of all professional entry-to-practice criteria by the Competition Bureau and Ontario’s Fairness Commissioner requires the legal profession, and all other self-regulating professions, to carefully analyze their criteria and eliminate any elements that do not play a legitimate role in protecting the public.

In response to this scrutiny Convocation approved the establishment of the Articling Task Force to address concerns about the articling program, relating in particular to . . . [more]

The rule of law requires that laws be widely known.

Few would dispute that Twitter can be quite useful at making things widely known.

I have been preoccupied with this idea for a little while now. Last month I wrote a piece on it for publication on Slaw (watch for it on 16 April 2012). The explosion of Twitter activity surrounding the Ontario Court of Appeal release today in Canada (Attorney General) v. Bedford, 2012 ONCA 186 confirms my belief that Twitter provides an excellent outlet for lawyers, other legal professionals and the public itself to augment the work of . . . [more]

There is a lot to think about beyond substantive law when you are starting a law practice. With that in mind, under the practicePRO banner LAWPRO has created the New Lawyer Resource page containing what we feel are the best resources we have to offer to new and soon-to-be-lawyers.

The page has two aims: 1) to help newly minted lawyers understand more about things like managing a practice, client relations, practice finances, marketing, and legal technology; and 2) its an introduction to the risk and practice management articles, precedents, checklists and other materials practicePRO offers to lawyers.

From a claims . . . [more]

Excerpted from LAWPRO Magazine, Student Issue #1, 2012

There isn’t a simple magic formula for mapping out a career in law. You will make some decisions on where you would like to go, but there are many things outside your control which will impact on where you will end up. Factors such as economic conditions, personal circumstances, where you articled and even a bit of luck will affect the career path you will follow.

This article outlines some tips and self-assessment questions that will help you find your way to a satisfying and successful legal career.

1. Ask yourself what . . . [more]

by Vanessa Mui

According to the Chief Justice of Ontario’s Advisory Committee on Professionalism, the building blocks of professionalism include scholarship, integrity, honour, leadership, independence, pride, spirit and enthusiasm, collegiality, service, and balanced commercialism. “Spirit and enthusiasm” (S&E) is undervalued in ethical rules that regulate and inspire lawyers.

What constitutes “spirit and enthusiasm”? The term “spirit” is mentioned in the Federation of Law Societies Model Code of Conduct but the rules are of no help in explaining how lawyers should exemplify spirit in their daily work. A word search in the Rules for “enthusiasm” turned up nothing. Additionally, “spirit” . . . [more]

Notwithstanding the fact that, as we mentioned in a previous column, it remains difficult to find a business model that could ensure the availability of a fair and accessible online dispute resolution service, ODR has come a long way. When we first launched the CyberTribunal, back in 1996, and tried to convey our objectives at various conferences on information technology law (thus before audiences that could be considered informed), many legal practitioners questioned the possibility of modeling mediation and arbitration procedures. They cited legal reasons, which were quickly swept away through examination of relevant texts, as well as the . . . [more]

I have been privileged to teach legal ethics at the University of Ottawa and before that at Osgoode Hall and U of T. I love teaching legal ethics because students have fresh and valuable perspectives on so many important issues in the legal profession. Legal ethics is a branch of “professional ethics”, special ethical rules that apply to members of a profession. What we think it means to be “a good lawyer” , “a good soldier” or “a good doctor” may differ from society’s general understanding of what it means to be “a good citizen”. In legal ethics we struggle . . . [more]

This past week Dr. Michael Rachlis launched Doctors for Fair Taxation, calling for the top wealth earners in Canada to be taxed even further. Given that physicians are often prominent members of this tax bracket, the initiative attracted lots of attention.

Rachlis suggested to Toronto Star columnist Thomas Walkom that this could inspire a “Lawyers for Fair Taxation.” Walkom responded with skepticism, which to me was incredibly telling of the way that lawyers continue to be perceived in society.

The rationale behind Rachlis’ group is that income inequalities lead to poorer health indicators, and that the decline of . . . [more]

This week Slaw is going to feature a couple of entries each day by and about law students. Slaw contributor Adam Dodek has arranged with students from his courses on Professional Responsibility at Ottawa University Faculty of Law to let us publish five of their short essays. And Slawyer Dan Pinnington, whose day job has him, among other things, on the senior management team at LAWPRO Magazine, has kindly let us republish excerpts from the recent student edition of that publication.

You’ll easily recognize these special posts by the banner that will head them up:

And because there are perhaps . . . [more]

Some interesting data about law schools and the broader ecomony is collected in this Atlantic article. The main point is that while a slow job market has meant rising demand for education in the past, today’s law school enrollment has fallen off along with the rise in unemployment numbers. . . . [more]

I’ve never understood why the winners of spelling bees get lauded and labelled as smart or intelligent. That kind of skill is on a par with remembering the names and dates of all of Canada’s prime ministers, though fractionally more useful I suppose. “Mackenzie Bowell,” you announce. “December 21st, 1894 to April 27th, 1896.” No one is going to marvel, “Mind like a razor.” I guess I should disclose that I was a lousy speller and that Mrs. Hill, my grade 12 English teacher had to threaten me with failure if I didn’t learn to spell. It only irritated her . . . [more]

In her legal career Charlene had never encountered a challenge that stoic hard work and determination couldn’t beat. After severe abdominal pain forced her to the hospital’s emergency ward she returned to her office to finish an assignment despite the blindingly brutal pain. Months later she discovers that during this time the partner she reports to had found numerous flaws, typos and weaknesses in her work and had told her colleagues that she had grave concerns about Charlene’s legal abilities.

Charlene’s legal career as a solicitor was in ascendency before her car accident. The head injury caused her some setbacks . . . [more]