• Kristen Slaney

    Law school is more than studying the law

    Apr 15, 2019

    As the days grow longer with sunlight, I realize how much closer I am to graduating from law school, and while that thought is exhilarating, it is also intimidating. This month, I decided to share my gratitude for things that law school brought me, whether it be through my education, or through moving here to Windsor.

    Kristen Slaney
  • Jennifer Brown

    The future is about adaptability

    Apr 9, 2019

    When people talk about innovation in the legal market, a couple of themes inevitably come to mind: technology and a change in the way clients obtain legal services. But at the crux of all of this is not tech or billable hours — it’s about the people and how they will need to adapt to change.

    Jennifer Brown
  • Tony Wilson

    The ban on surreptitiously recording conversations must apply to all lawyers

    Apr 8, 2019

    Under Section 7.2(3) of the B.C. Code of Professional Conduct, a lawyer is prohibited from using any device to record a conversation between the lawyer and a client or another lawyer even if lawful, without first informing the other person of the intention to do so. The language is virtually identical for lawyers in Ontario and other provinces and a breach of this rule is a breach of a lawyer’s ethical duties and could conceivably lead to a fine, or in very extreme cases, suspension or disbarment.

    Tony Wilson
  • Michael Spratt

    The legality and morality of covert phone-call-recording

    Apr 8, 2019

    Just because there is not a law prohibiting an act does not make that act right or moral. Criminality should not and cannot represent the line of propriety in politics. A defence that no law was broken is usually the last line of defence for the morally bankrupt. So the real question is if Wilson-Raybould’s actions were moral? Was taping the conversation the right thing to do?

    Michael Spratt
  • Nagendra Krishnamurthy

    Agile contracts

    Apr 8, 2019

    It is hard for anyone working in an information technology company to escape jargon. IT folks will outsmart lawyers in inventing and using jargon any day. One term that has been around for a while but has gained traction recently is “agile.”

    Nagendra Krishnamurthy
  • Gary Goodwin

    Technology wants to be friends!

    Apr 8, 2019

    Generally, technology provides certain expected benefits. Other benefits appear totally unexpected. As an early adopter of technology, I tried using an automotive navigation system a couple of times. Driving in a large, unknown city can be intimidating, so I like to have some gentle guidance on where to go. Anything more than this level of guidance causes my frontal cortex to freeze up. As you know, numerous people ended up in rivers, lakes and oceans simply following navigation-system directions with no further frontal cortex involvement of their own.

    Gary Goodwin
  • Kevin Cheung

    Do benchers even matter to small firms?

    Apr 8, 2019

    Law societies are governed by a board of directors. In many jurisdictions, these directors are called benchers. Some are appointed but many are elected by lawyers across the province. They determine matters relevant to lawyers. They establish law society rules and policies. They also serve as adjudicators in disciplinary hearings. Why then do so many lawyers, especially those in small firms, decline to exercise their right to vote for benchers

    Kevin Cheung|Soul & Small Practice
  • Jack Zwicker

    Arbitrating the unarbitrable: The problem of power imbalance

    Apr 1, 2019

    In the aftermath of the January 2019 Ontario Court of Appeal decision, in Heller v. Uber Technologies Inc., arbitration may have been placed under a judicial microscope as never before. In that decision, the Court of Appeal examined a lengthy arbitration agreement involving alleged employment issues, and tossed it out in part, based on unconscionability. Heller v. Uber Technologies Inc. may well become the spectre that haunts private arbitration as parties move reflexively toward arbitration. So the issue for lawyers representing businesses is how they advise their clients about the use of arbitration where there is an obvious power imbalance. And the issue for arbitrators centres on their duty to provide early warning of possible trouble.

    Jack Zwicker
  • Daniel Lo

    Networking can help young lawyers absorb the coming recession

    Apr 1, 2019

    It has been a decade since the world experienced what is considered the worst economic disaster since the Great Depression. Since then, the global economy has been slow to recover, not helped by the 2014 oil crisis, the rise of populist politics and trade wars. There are now warning signs that we are headed towards another recession, as early as next year. Millennials, are you ready?

    Daniel Lo
  • Tim Wilbur

    New ways to learn

    Apr 1, 2019

    Reading case law is such a big part of legal education but many lawyers advise on issues that have never been litigated. Our cover story on food law is such an example.

    Tim Wilbur|Editor's Desk