We have been quick to use the word “crisis” to describe the state of articling in Ontario. Maybe too quick. Certainly the rather abrupt rise in the rate of “unplaced lawyer candidates” – students unable to find articling positions – from 5.8% in 2008 to 12.1% in 2011 is an eye-popper and potentially a game changer. But a crisis, as the Globe and Mail reports today? Maybe.

Those that work in the legal trenches have known for years that another crisis exists – the access to justice crisis – now well documented by the Ontario Civil Legal Needs Project . . . [more]

Thanks to Colin Lachance we learn that these are the three most consulted cases on CanLII in October:

1. Century 21 Canada Limited Partnership v. Rogers Communications Inc., 2011 BCSC 1196

[1] The ability of the law to adapt is part of its strength. Technological innovation tests that resilience. This case considers that ability as claims for breach of contract, trespass to chattels and copyright infringement meet the Internet. At the root of this lawsuit is the legitimacy of indexing publically accessible websites.

[2] The plaintiffs seek an injunction and damages against the defendants for their conduct in accessing Century

If you have “friended” a reporter on Facebook you could potentially see one of your “private” photos published in a mass media publication. It happened to my client.

A recent media relations campaign for one of my law firm clients revealed a new risk with “friending” reporters. One of the media releases was accompanied with a photo of a partner standing with a high profile public person. It seems the reporter didn’t want to only run the sanitized, pre-vetted photo provided by a publicist and decided to hunt for more interesting photos.

By good fortune, or bad, this reporter happened . . . [more]

Whether you call them “executive recruiters” or “headhunters”, they are all engaged in a fierce competition to recruit the ideal candidate to fill out executive or professional positions for their clients.

With a labour shortage that is bound to rise dramatically as baby-boomers begin retiring, headhunting has become increasingly important for the future development of companies and for people seeking new employment. However, the industry has faced challenges. It has been reported that several headhunters have run afoul ethically by, for example, requesting money directly from potential candidates (in exchange for a better recommendation) or revealing confidential information related to . . . [more]

Today’s Globe and Mail features an articling discussing what is being called a “crisis” in articling positions,

Some blame law firms, accusing them of reducing their hiring in the face of economic uncertainty. But according to Law Society statistics, there has also been a steady increase in the number of law graduates, as law schools have increased their enrolments. The number of law students successfully landing articling jobs has increased each year since 2007, but it has not kept pace with demand.

The article features interviews with Meagan Williams, a colleague of mine from UWO Law (and occasional law . . . [more]

♫ You’re no one if you’re not on Twitter…♫

Lyrics, music and recorded by Ben Walker.

Kendyl Sebesta reported on Oct 31, 2011 in The Law Times that Ontario Superior Court Justice Robert Maranger has banned the use of Twitter and such tools inside his court in a high profile murder case.

His ruling permitted the use of electronic devices inside the courtroom, but only for the purposes of the taking of notes.

“Electronic devices that have the capability to transmit or receive wireless signals may not be set to ‘silent’ or ‘airport mode’ settings, but must be completely

Since Slawyers like to know about cool things, I thought I would share some testing I have done in the last couple of days to build an App. I have been trying out Snappii.

Snappii offers the service of building an app using one of their templates, or from scratch using variou widgets they offer. They have a previewer app which lets you see your app to test it. It works on a username and password registration to their site. The tool is remarkably easy, so I created an (unpublished – more on that later) app to post a . . . [more]

[ français / English ]

Le locuteur de plusieurs langues peut généralement comprendre la complexité du travail de traduction. Il sait qu’un bon traducteur ne va jamais traduire mot à mot une phrase d’une langue à l’autre. Il faut plutôt refaire la phrase selon la structure grammaticale de la langue de traduction, les sens différents d’un mot dans cette langue ou les expressions idiomatiques propres. Sans oublier que parfois, la phrase originale contient des référents culturels qui n’auraient pas de sens dans l’autre langue.

Lorsqu’on fait de la vulgarisation et de l’information juridique, c’est encore plus complexe. Souvent, afin de . . . [more]

Aaron Swartz is that rare individual who is prepared to risk imprisonment in order to promote the cause of open access. And we’re not talking about liberating “tunes” or movies or, indeed, anything of much “entertainment value”; Swartz goes for the serious, you might say earnest, stuff. At the moment the young man stands accused of various crimes associated with his downloading of 4.8 million articles from JSTOR. (Many, but by no means all, readers of Slaw will know that JSTOR stands for “Journal Storage” and is a not-for-profit, but paywall-protected, online archive for academic journals.)

There are good . . . [more]

Professor Mari Sako, a fellow of the Novak Druce Centre for Professional Service Firms at the University of Oxford’s Saïd Business School published a very interesting paper titled General Counsel With Power? From May 2010 to January 2011, Sako interviewed 52 GCs in the US and UK with the aim of analyzing what is happening in the in­house legal departments of major corporations and financial institutions. Interviews explored various areas including the changing relationships with law firms; the extent to which work has become disaggregated; and how multi-sourcing (i.e. the use of multiple sources of legal service delivery, including outsourcing . . . [more]

Flags are being raised by numerous privacy experts about expected federal “lawful access” legislation. This legislation–expected to be reintroduced–was last seen in the 40th Parliament, 3rd session, which ended March 26, 2011 and includes:

• Bill C-50 – Improving Access to Investigative Tools for Serious Crimes Act
• Bill C-51 – Investigative Powers for the 21st Century Act
• Bill C-52 – Investigating and Preventing Criminal Electronic Communications Act

Excerpted from a commentary by Information and Privacy Commissioner of Ontario Ann Cavoukian published in today’s National Post:

At issue is the anticipated re-introduction of a trio of federal bills that will provide

Followers of the AvoidAClaim blog will know that fraud attempts against lawyers show no sign of slowing down. Almost daily we see new names and new email addresses being used. Unfortunately, there doesn’t seem to be much that can be done to track down the actual perpetrators who are often overseas and using free email services.

However, the free email services will shut down addresses being used for illegitimate activities. Gmail, Yahoo, and Hotmail all have pages where you can submit an email address used in a fraud attempt. Yes, the fraudsters can quickly generate a new one, but shutting . . . [more]