Posts filtered by tags: Practice Of Law[x]


 

How To Find Legal Advice If You Can’t Afford a Lawyer

Considering the average hourly rate for a lawyer in America ranges between $100-$300, many people can’t afford to hire an attorney. There is relief available, however, in the form of legal aid—an umbrella term for any service which provides legal assistance to those with low income. Here’s a look at your options.Read more...
Tags: Justice, Law, Articles, America, Lifehacks, Legal aid, Lawyer, Legal Ethics, Pro Bono, Practice Of Law, Right to Counsel, Legal Clinic, Legal Aid In The United States, Legal Professions


Answering the Question “How Do I Find the Time”?

The New Year is here, and with it comes the promise of new beginnings and possibilities. It is a time for setting resolutions and crafting ambitious plans for the year ahead.   And what do we all know? Making plans and setting resolutions is swiftly followed by the challenge of implementation when the deluge of day-to-day work resurges.   As one lawyer asked me recently: “How do I find the time?   An excellent question. How do we find the time when we are in a scramble of managing a...
Tags: Law, Dyck, Practice Of Law, Breanna Dyck, Jill Joevenazzo, AMP Associate Mentoring Plus Club, AMP Club


Modernizing the Justice System Requires a Tailored Approach

One size does not fit all. A simple survey of the measures put in place so that the justice system may continue operating in spite of restrictive measures to mitigate the spread of COVID-19 will bear that out. Virtual hearings have been a lifesaver for some proceedings. But while they may have increased opportunities for some individuals – making it easier to attend court, for example, by reducing travel time, costs and need for childcare – for others they presented more challenges. When the pan...
Tags: Law, Judges, Lawyers, Legal Profession, CBA, Justice System, Zoom, Witnesses, Criminal Matters, Appeals, Practice Of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, COVID-19, COVID, Virtual Hearings


Failures of Client Management

Continuing with our theme of learning from failures – ours or others’ – let’s look at how you can make your project fail in ways related to client (mis)-management. This column is #2 in a series, following up on October’s failures of project leadership. Again, these points of failure are based on excerpts of a book I’m working on, Pass the Blame! And 99 Other Ways to Screw Up Your Projects. 4. Misunderstand the Business Problem Unless your specialty is criminal law, your clients come to you be...
Tags: Law, Shakespeare, Practice Of Law


CBA Task Force Examines Pandemic’s Effect on Justice System

January 4, 2021, marked exactly one year since the first published reports of a disturbing new virus in Wuhan, China. That virus, COVID-19, has touched us all in the past year on personal and professional levels. We’ve all had to accept individual restrictions for the public good, and to adjust to new ways of doing things. It’s also true that in the legal profession at least we’ve been able to find some silver linings in these trying circumstances. For example, the pandemic pressed the accelerat...
Tags: Technology, Privacy, Law, Big Data, Commerce, Courts, CBA, Wuhan China, Practice Of Law, Justice Issues, Practice of Law: Future of Practice, Practice of Law: Practice Management, Access to justice, Law Practice, Legal Services, Law And Technology


Taking Mental Health Seriously: A Review of the American National Judicial Stress and Resiliency Survey

It was recently reported in the Law Times that lawyers’ mental health is worsening during the pandemic. Similarly, the American Bar Association released a study (conducted pre-pandemic) showing that judges are experiencing severe stress. The National Judicial Stress and Resiliency Survey showed that: almost 4 out of 10 judges reported stress from fatigue and low energy. 1 in 5 judges met at least 1 criteria for depressive disorder (such as not having initiative, preoccupation with negative thou...
Tags: Law, Mental Health, American Bar Association, Ontario, CAMH, Practice Of Law, Law Times, Member Assistance Program, Tommy Raskin, Judicial Stress, Lawyer Assistance Program, Mental Health Of Judges, American National Judicial Stress, National Judicial Stress, Lawyer Assistance Programs, Aaron Dantowitz


How the Law Abandons Those Who Speak Up in the Public Interest

On December 3, my new report titled Whistleblowers Not Protected: How the Law Abandons Those Who Speak Up in the Public Interest in Alberta was published by the Parkland Institute. The report looks at whistleblowing in a broad sense, meaning anyone who either publicly or anonymously discloses information that is in the public interest. The report considers not only the gross deficiencies of Alberta’s whistleblower protection legislation but also looks at the need for both anti-SLAPP legislation,...
Tags: Law, US, Ched, Parliament, Alberta, Ontario, Cbc, Public Interest, Ryerson, Edmonton Journal, SNC Lavalin, Practice Of Law, Justice Issues, COVID, Tobaccogate, Our Supreme Court


The Paradigm Shift of Regulatory Sandboxes

Earlier this fall, the Law Society of British Columbia made headlines when it announced the creation of an “Innovation Sandbox” that would allow unauthorized providers of legal services to deliver those services in BC on a pilot-project basis while the regulator assesses their reliability and effectiveness. From The Lawyer’s Daily: Proposals to enter the innovation sandbox must include a summary of the services that the provider is proposing to pilot, who are expected to be clients, how the serv...
Tags: Law, California, Washington, Canada, North America, Ontario, Practice Of Law, Law Society of British Columbia, Trudi Brown, Supreme Court of Washington, LSBC, Paradigm Shift of Regulatory Sandboxes, LSBC Sandbox, State Bar of Utah, Utah Sandbox


Why the “Access to Justice” Activity Should Be Trying to Solve the A2J Problem

[The content of this article is closely related to six of my previous posts on Slaw, dated: July 25, 2019; April 9, 2020; May 29, 2020; August 6, 2020; October 22, 2020; and October 24, 2020. See also the full text on the SSRN. And, the articles cited below without authors named, are mine.] The responses being advocated for the access to justice problem (the A2J problem) of unaffordable lawyers’ services, do not involve solving the problem. Instead, they propose using: (1) “lesser legal services...
Tags: Justice, Law, Immigration, Toronto, Canada, British Columbia, Ontario, Daniel, Richard Susskind, Supreme Court of Canada, Oxford University Press, LSO, Oxford University Press OUP, Ryerson University, Practice Of Law, Amy Salyzyn


Reflections Into 2021: Practice of Law

As we get ready to say good-bye to 2020 (yay!), it is time to reflect on our goals for the ensuing years. In “A Post-Pandemic Survival Kit for the Legal Industry“, author Mark Cohen writes about adapting to new ways of providing legal services. Legal work “is under renovation. Lawyers are not its architects or builders”. In preparing for our future work, Cohen recommends that we ask the following questions: What do we sell? Should we be selling it? What do customers think of our services and...
Tags: Law, Mark Cohen, Cohen, Practice Of Law, Future of Law


Cheifetz, Apportionment of Fault (1981) – PDF Available

Apportionment of Fault In Tort (1981) – David Cheifetz An unrestricted PDF of Cheifetz, Apportionment of Fault in Tort is now available. The text has been out of print for about 2 decades.The “price”, for Canadian purchasers, will be a donation of CDN $20 to either the Toronto Hospital for Sick Children or the Vancouver Children’s Hospital. Purchasers from other countries should chose a suitable children’s hospital or equivalent in their jurisdictions.If you want the PDF: Send a request to me at...
Tags: Ebooks, Books, Law, Miscellaneous, CDN, Announcements, Tort, Ontario, Negligence, Contribution, Practice Of Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation, Legal Information, Practice of Law: Practice Management, Substantive Law


Using Covid to Progress Your Firm

Austrian economist Joseph Schumpeter developed the theory of creative destruction to describe how something good, and even much needed, can come out of a tragedy. The theory suggests that some businesses must die and paradigms must be “swept away” in order to make room for new ones that will better survive the future. This is a concept found in nature. For example, we know that left to their own devices, forests will burn down from time to time to clean out the forest floor and force a renewal. ...
Tags: Law, US, Harvard, Canada, Partners, Economist, Legal Marketing, Cbc, Cirque Du Soleil, Associates, Joseph Schumpeter, Reitman, Practice Of Law, Heenan Blaikie, Don Pittis, Aldo David


An Emerging Ministers of Justice Movement

Since April, we have been calling for justice leaders of the world to get out of their national cubby holes and come together to share fears, failures, successes, and strategies, just like public health minister are doing. The COVID-19 crisis is too big and too unprecedented to deal with on your own national level. On 20 October, 22 ministers of justice did just that at the Justice for All in a Global Emergency meeting convened by Minister of Justice of Canada, David Lametti (see end for partici...
Tags: London, Justice, Law, Senegal, Czech Republic, Canada, Ireland, Sierra Leone, Chile, Morocco, Italy, Paraguay, Portugal, International criminal court, Belgium, Argentina


Making the Hard Decisions: Ethical Lawyering

What do you do as a lawyer when your client wants you to call a witness or make representations to the court that you believe are non-starters and even dangerous to your client’s case? If you’re one of President Donald Trump’s lawyers, you might seek to introduce a “handwritten yellow sticky note” as evidence of election fraud (see decision with ruling the note was inadmissible as hearsay here). And then there’s Dean Embry, the lawyer representing James Sears, the editor of Your Ward News, who n...
Tags: Law, Globe, Donald Trump, Sears, Ontario, Cbc, National Post, Law Society, LSO, Canadian Press, Embry, Perkel, Practice Of Law, Law Society of Ontario LSO, Colin Perkel, Dean Embry


Employees’ Imperfect Right to Reasonable Accommodation

By Lewis Waring, Paralegal and Student-at-Law, Editor, First Reference Inc. Human rights claims are often the result of an employee’s claim that their employer has failed to accommodate their needs. Whether such claims arise due to an employee’s disability, family status, gender, religion or any other human rights ground, employees have a duty to accommodate the human rights needs of their employees. However, the duty to accommodate does not require employers to provide employees with their ide...
Tags: Law, Employment law, Columbia, Practice Of Law, Substantive Law: Judicial Decisions, Case Comment, Practice of Law: Practice Management, Substantive Law, Duty To Accommodate, Return-to-work, Columbia Human Rights Tribunal, Lewis Waring, British Columbia Human Rights Code, Right to Reasonable Accommodation, Tumber v FlexiForce, Tumber


Supreme Court Clarifies Law on Adverse Effect Discrimination

The Supreme Court of Canada’s decision in Fraser v. Canada (Attorney General), 2020 SCC 28 provides a sweeping overview of the law of adverse effect discrimination. This decision specifically targets the alleged discriminatory effect of the RCMP’s policy not to allow those who temporarily reduce their working hours under a job-sharing agreement to “buy back” these periods of reduced working hours for the purposes of their pension. In contrast, those who experienced gaps in their record of servic...
Tags: Supreme Court, Law, Court, Canada, Discrimination, RCMP, Supreme Court of Canada, Fraser, Practice Of Law, Substantive Law: Judicial Decisions, Case Comment, Practice of Law: Practice Management, Ontario Human Rights Commission, Substantive Law, Simpsons Sears, Canadian Charter of Rights and Freedoms


Helpful Tips for Getting Through the Work Day

With COVID fatigue setting in and winter coming, motivation to complete work may be in short supply. The Harvard Business Review released an article this week titled “Feeling Overwhelmed? Here’s How to Get through the Workday” by Alice Boyes.  Alice Boyes offers the following tips for beating the blues and carrying on with work: “Focus on a familiar activity”. Begin by working on a “old” activity that you have lots of experience performing. The sense of accomplishment after the completing the w...
Tags: Law, Harvard Business Review, Practice Of Law, 7 and 15 of the Charter of Rights and Freedoms, Alice Boyes, Getting Through The Work Day, Alice Boyes Alice Boyes


Is Former SCC Chief Justice McLachlin’s Action Committee and Leadership of the A2J Agencies Avoiding the Major Issues? [Part 2 of 2 Parts]

[The content of this article is closely related to five of my previous posts on Slaw , dated: July 25, 2019 ; April 9, 2020 ; May 29, 2020 ; August 6, 2020 ; and, October 22, 2020 . See also the full text on the SSRN .] Part 1 presented the proposition that the great amount of “emergency relief-type” activity and literature that has been produced by the many access to justice agencies (A2J agencies) in relation to the “A2J problem” of unaffordable lawyers’ services,...
Tags: Justice, Law, Court, Canada, Department Of Justice, University of Toronto, Stanford University, Ontario, Toronto Star, Supreme Court of Canada, Statistics Canada, Law Society, LSO, R, SCC, Monahan


Is Former SCC Chief Justice McLachlin’s Action Committee and Leadership of the A2J Agencies Avoiding the Major Issues? [Part 1 of 2 Parts]

[The content of this article is closely related to four of my previous posts on Slaw, dated: July 25, 2019; April 9, 2020; May 29, 2020; and, August 6, 2020. See also the full text on the SSRN.] The recent decision of the Supreme Court of Canada in, R. v. Thanabalasingham 2020 SCC 18 (July 17, 2020; by a full Court of 9 Justices), demonstrates why the access to justice problem exists, i.e. the A2J problem of unaffordable legal services for middle- and lower-income people (they being the majority...
Tags: Justice, Supreme Court, Law, California, Court, Toronto, Canada, United Nations, Jordan, Johnson, Smith, British Columbia, Committee, Ontario, Ken, Supreme Court of Canada


Failures of Project Leadership

I’m fascinated by project failure. First, I believe we learn more from our failures than our successes. Success usually has an element of chance, of circumstances cohering… or at least not pulling out the rug. Yet in looking back (e.g., at after-action reviews/project debriefs), we rarely recognize the extent to which what-didn’t-happen played a part in our success. Second, failure stories are often mesmerizing, especially big failures. They frequently read like thrillers, with plot twist after ...
Tags: Law, Legal Project Management, Practice Of Law


Access to Justice Is Not (Just) About Lawyers and Judges

Imagine for a moment that starting tomorrow, every lawyer in the world could be hired at no charge. They’re not working for free — maybe Jeff Bezos has decided to subsidize every lawyer’s income for some unfathomable reason. Basically, anyone can hire a lawyer for whatever they need at no cost. Consider this, and then ask yourself: Would this make access to justice better, or worse? Are we likely to see more cases filed, or fewer? Court backlogs grow, or shrink? Go a little further and ask: Do y...
Tags: Law, Toronto, Canada, Jeff Bezos, Jeff, UBC, Farrow, Practice Of Law, Law Times, Osgoode Hall Law School, Community Legal Education Ontario, Trevor Farrow, Forum for Civil Justice s Cost of Justice Project, Canadian Forum on Civil Justice Aside


Hopping Ministers and Crossing Canyons

At the end of July, after months of lockdown, my first trip outside The Netherlands was to Tunisia. Just before I flew over, the prime minister tendered the resignation of his government. That meant possibly another minister of justice; the fourth in a little over two years. Much as I believe in democracy, it felt a bit much. With a deep sigh I reconciled myself with the fact that we needed to start developing our ministerial relationship all over again. In most post-revolution and post-conflict...
Tags: Law, Netherlands, Tunisia, Mena, Tunis, North Africa, Practice Of Law, Justice Issues, UN Development Programme, Mohamed Boussetta


Harnessing the Power of Practice Groups

Most firms have come to appreciate the value of practice groups in their management and marketing; but not everyone knows why they are more powerful than operating without them, which may result in their under-utilization. In this post I’ll explain the evolution of practice groups, what they look like today, and how you can use them to more effectively drive the business objectives of the firm. The Evolution of Practice Groups Initially, law practices were based on the personal reputation of t...
Tags: Law, Legal Marketing, Seth Godin, Associates, Practice Of Law, Wills Estates, Power of Practice Groups, Evolution of Practice Groups Initially, Practice Group Budget


Does the Proposed 25% LSO Fee Reduction Make Any Sense?

The last six months have been a challenge for everyone. The impacts of the pandemic have differed but no one has been spared. Lawyers and paralegals are no different. We have all been affected, in varying degrees and in varying ways. For many of us, the fact that we provide professional services rather produce goods or provide retail services has helped as many professional services need not be provided in person. Remote work has been possible for many. But some have been particularly affected. ...
Tags: Law, Miscellaneous, Ontario, Law Society, LSO, Practice Of Law


New Culture Shift Towards Scheduling Court Motions in Ontario

“A litigation culture has arisen in this province over the last three decades which extols creating and litigating peripheral procedural disputes, instead of moving towards the timely adjudication of disputes on their merits. That culture now lauds, as the skilled barrister, the motions specialist, not the final hearing expert.” – Given the hurdles presented by COVID-19, the Ontario courts are trying to shift the litigation culture away from litigating peripheral procedural disputes. It was re...
Tags: Law, Ontario, Myers, Klassen, Ontario Superior Court, Superior Court of Justice, Motions, Practice Of Law, Case Comment, Ontario Inc, Justice Myers, Culture Shift, Justice Fred Myers, Ontario curriculum, Scheduling Motions, Practice Direction for Toronto Civil Matters


What Is the Future of Lawyers’ Jobs?

Bloomberg Law recently announced that lawyer jobs are down 15% in 6 months. Recovery is predicted to take years. “Lawyer employment information is hard to come by. But when we analyze the data we have, we find that lawyers have taken the brunt of legal industry job cuts in 2020.” Interestingly, Bloomberg reports that 2020 employment favours non-lawyers over lawyers. In the United States, “lawyers lost more than 150,000 jobs in the first quarter of 2020, and the decline continued in the second qu...
Tags: Law, Bloomberg, United States, Law Jobs, Richard Susskind, Susskind, Practice Of Law, Tomorrow's Lawyers, Bloomberg Law, ODR, Accessible Content, Future Of Legal Jobs, Interestingly Bloomberg


Unbundle the Courts

It’s been quite some time since I did an analysis of the constitutional give-and-take between the courts and the legislature when it comes to Charter decisions, so I’m not going to opine on Justice Minister David Lametti’s remarkable musings that the government might legislate a solution to court backlogs caused by enforcement of the Jordan decision during the pandemic. As the defence lawyer states in the linked article, the Supreme Court’s ruling already allowed for flexibility around “illness ...
Tags: Supreme Court, Law, India, Canada, Jordan, Edmonton, CBA, Ontario, Cbc, Manitoba, Practice Of Law, Justice Issues, CBA National, ODR, Patricia Hébert, Criminal Lawyers ' Association


Comments on the LSO’s Education Plan for a Family Legal Services Provider Licence

In an effort to increase assistance for family law litigants who do not have legal representation (self- or unrepresented litigants) and to assuage the concerns of the family law bar, some members of whom object to the introduction of paralegals into family law, at the same time, the Law Society of Ontario has proposed a new licencing framework, one limited to the provision of legal services in family law and one most likely to be taken up by existing paralegals. The LSO has invited comment on t...
Tags: Law, Education & Training, Ontario, Law Society, LSO, Justice Committee, Practice Of Law, Justice Issues, IPV, Bonkalo, Family Legal Services Review, Law Society of Ontario, Children 's Aid Society, Humber College, Justice Bonkalo, FLSP


Sexagenarian Firefighter Forced to Hang Up Hose

Written by Daniel Standing LL.B., Editor, First Reference Inc. In many cases, the choice of when to retire is based on a variety of factors, including lifestyle, priorities and other circumstances. Sometimes the decision to stop working is an easy one, while others prefer to continue working as long as possible. But what happens when an employee’s retirement is not a choice but is a requirement of his or her pension plan? Is it discriminatory? This issue came before the Human Rights Tribunal of...
Tags: Supreme Court, Law, Canada, New Brunswick, Employment law, Age Discrimination, British Columbia, Edward, Alberta, Calgary, Tribunal, Potash, Manitoba, Nilsson, Daniel, Aziz


Silence and Other Weapons of the Weathered Lawyer

Experience has taught me silence and like weapons can be effective. Here were five lessons for me, and perhaps for you. As plaintiff counsel I met a potential new client, a woman who was catastrophically injured. Liability was a slam-dunk, damages were huge, and I was sure to improve my standard of living a thousand-fold when I was done with her file. An hour into the meeting she was hanging on to my every word. All that was left was to dot the i’s and cross the t’s. As I reached into my bag se...
Tags: Law, Practice Of Law