Commentary

Monday, 02 September 2013 09:00

Should public opinion count?

Written by
Illustration: Marco Cibola
Illustration: Marco Cibola
We all know judges, particularly those on a country’s highest court, make law and decide social policy. Should they take public opinion into account when they do it? And should they take into consideration how their decisions might affect the way people subsequently think and behave?
Monday, 02 September 2013 09:00

Always be prepared

Written by
According to Vincent Polley, there are two kinds of law firms: those that know they have been hacked and those that don’t know they’ve been hacked.
Monday, 05 August 2013 09:00

The unenforceability of ‘agreements to agree’

Written by
There is so much that is annoying, and simply not enough time to complain about it all. That does not mean I don’t make a good faith effort to complain about as many of those annoyances as time, and the patience of others, permit. I think of it as a service, where the complaints become “insights.” E-mail etiquette is a metaphorical gold mine for annoyances. For example, it is difficult to understand why a group of 40-odd recipients on an e-mail trail needs to know one individual “will respond soon.” Context also affects annoyances. For example, words mispronounced once are bothersome, but repetition of the mispronunciation ranges from annoying to hilarious.
Monday, 05 August 2013 09:00

Well worth the read

Written by
I’m not one to publicly toot my own horn but I think in the case of this Canadian Lawyer issue, I’m going to do just that because I think it may be one of our best ever.
Tuesday, 02 July 2013 09:00

The unsung heroes of access to justice

Written by
Illustration:Scot Page
Illustration:Scot Page
I have seen the future for sole and small firm practitioners and it looks bright.
Tuesday, 02 July 2013 09:00

Don't be left behind

Written by
These are not the best of times. These are not the worst of times. But the times, they are a changing. Not to mix poets, or metaphors, or anything but the truth’s the truth. It’s a time of upheaval — disruption as some call it — in the legal profession. What has gone before and worked before can no longer be relied on to work in the future. That’s a tough pill to swallow for a profession built on tradition and precedent.
Monday, 03 June 2013 08:00

Do you like say on pay?

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Standard_photos_neillmay.jpgI am May. May I am. Do you like say on pay? Do you like greenbacks and spam? There has been much discussion of say on pay recently, most of it focused on elements other than how much the catchy phrase sounds like something invented by Dr. Seuss.
Monday, 03 June 2013 08:00

It is a revolution

Written by
This month’s Money Issue features Canadian Lawyer’s annual Legal Fees Survey, in which the majority of respondents said they weren’t going to raise the fees charged to clients this year. While the survey focuses on the most common consumer-focused legal services, generally provided by smaller firms and sole practitioners, their response to clients mirrors what’s happening across the board.
Monday, 06 May 2013 08:00

A new kind of case commentary

Written by
Illustration: Dushan Milic
Illustration: Dushan Milic
R.v. Ryan
is an important case for an unusual reason. It introduced a new kind of case commentary, one made possible by social media. If this novel form of commentary catches on, it will change the way the public sees and evaluates the justice system.
Monday, 06 May 2013 08:00

Don’t be a speed bump

Written by
At last month’s Canadian Corporate Counsel Association spring meeting, I sat in on a few sessions and panels that focused on various aspects of one’s legal career. One was a lunch panel with a group of high-powered women general counsel discussing their careers and how they broke through into the upper echelons in their companies. While they were all women (who will be featured in a book coming out in the fall called Breaking Through), their tips for success are universal.
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