Law Blogs, the Great Equalizer

Wed, 17 Dec 2008 04:27:24 GMT

The Canadian Bar Association (CBA) has an article by Kevin O’Keefe in their publication, Addendum, on the use of blogs by lawyers. They discuss how blogs can help develop lawyers to become opinion leaders in their area of practice. The more the blog has a niche, the more effective it will be as a marketing tool. Active [...]

The Canadian Bar Association (CBA) has an article by Kevin O’Keefe in their publication, Addendum, on the use of blogs by lawyers.

They discuss how blogs can help develop lawyers to become opinion leaders in their area of practice.

The more the blog has a niche, the more effective it will be as a marketing tool. Active bloggers are finding up to 80 per cent of their work coming to them through their site.

One hundred years ago, lawyer marketing was all about entering into conversations with opinion leaders, business associates, and the public to spread word of one’s passion, expertise, and care and to further enhance one’s reputation as a trusted authority. Today, it’s still the same - except that the conversation has moved online.

Tips to Build a Better Law Blog

Tue, 09 Dec 2008 03:58:59 GMT

C.C. Holland shares some tips on how to build a better law blog. He suggests putting passion into the work, and committing for the long haul. Lawyers should join the conversation with other bloggers and know their audience. She also suggests using your own name wherever possible to build up credibility, and group blogs should still develop [...]

C.C. Holland shares some tips on how to build a better law blog. He suggests putting passion into the work, and committing for the long haul.

Lawyers should join the conversation with other bloggers and know their audience.

She also suggests using your own name wherever possible to build up credibility, and group blogs should still develop individual personalities.

Finally, she provides 10 concise tips on how to make your blog better.

1. Make sure your blog has an RSS feed to allow for subscriptions.

2. Encourage feedback and conversation by inviting people to comment — and by responding. Promote participation by putting up polls and surveys.

3. Use a clean, professional design and template. Minimize noisy add-ons and widgets. And when possible, customize it so you don’t look like everyone else out there.

4. Don’t overdo promotional copy. Instead, link to your bio from an “About” button.

5. Use (non-copyrighted) images whenever possible. The Web is a visual medium and you might as well make use of that. Sites like iStockphoto will sell you a royalty-free image for as little as $1. Others, like Stock.Xchng provide free photos.

6. Get familiar with Movable Type, WordPress or other software – or hire someone to produce your blog for you, if you don’t have the time.

7. Track your traffic. This lets you know how you’re doing overall and which posts strike a chord with your audience. Free tools like Google Analytics can do this for you.

8. Keep posts short and sweet. Your blog isn’t the place for long-winded discourse. Make your points – and move on.

9. Take control of your blog and make it a courteous place for informed discourse. Forget about First Amendment rights [For our purposes the equivalent of 2(b) Charter rights in Canada] and don’t allow visitors to post inflammatory, hateful or obscene comments, either in response to your writing or to other comments.

10. Link to others. This gives your readers more resources, extends the conversation to other bloggers, and helps make you more visible in the blogosphere.

Social Media and Politics, and the New Coalition

Sun, 07 Dec 2008 16:44:12 GMT

Here are the slides from a talk I gave on Dec. 1 at the Schulich School of Business in a session held for practicing marketers. Social Media And Politics (12/1/08) View SlideShare presentation or Upload your own. (tags: liblogs tories) What I found most interesting from the discussion that ensued afterward was the suggestion that vote monitoring tactics [...]

Here are the slides from a talk I gave on Dec. 1 at the Schulich School of Business in a session held for practicing marketers.

Social Media And Politics (12/1/08)

View SlideShare presentation or Upload your own. (tags: liblogs tories)

What I found most interesting from the discussion that ensued afterward was the suggestion that vote monitoring tactics observed during the U.S. Presidential election could be duplicated here, specifically for the proposed vote-swap.

The concept behind it was that all of the other parties would work together to ensure they all got as many seats as possible. Ridings where the race was close were identified, and participants were matched with a person in a different riding where a vote for the other party was needed.

The success of this strategy was limited because participants were often skeptical that their counterpart from a different party would actually follow through. Providing proof via cell phone photo might get us past that hurdle.

Although a new election has been averted for now, we might have an opportunity to see this in action sooner rather than later.

Cross-posted from Slaw

Social Media and Blogs Banned for Lawyers?

Sat, 29 Nov 2008 03:41:01 GMT

Apparently these fears have arisen in the U.S. in the past. A new case in Louisiana objects to advertising rules that would take effect in November 2009. The Wolfe Law Group, L.L.C., who appear to be four attorneys focusing on construction law, explain on their new site, Wolfe Law Group argues that the new rules effectively prevent [...]

Apparently these fears have arisen in the U.S. in the past. A new case in Louisiana objects to advertising rules that would take effect in November 2009.

The Wolfe Law Group, L.L.C., who appear to be four attorneys focusing on construction law, explain on their new site,

Wolfe Law Group argues that the new rules effectively prevent a lawyer from advertising its services through online mediums, such as Google’s Adwords, as the rules also restrict an attorney’s ability to engage in discourse with colleagues, clients and the public through online bulletin boards, blogs, twitter, and other online communities and forums.

Lawyers cannot afford to be left out of the loop. Attorneys who successfully leverage social media tools to communicate, collaborate and network have a distinct advantage over those who don’t.

It is not necessary for each and every lawyer in a firm to learn the ins and outs of social media. But at least one person, or group of persons, depending on the size the firm, should be familiar with emerging Web 2.0 technologies and the ways in which those technologies can help and harm their bottom line. Other lawyers in the firm likewise should be receptive and listen to their recommendations regarding social media.

A recent article in Elder Law Journal even suggests that lawyers are not going far enough to market their services,

Disappointing rates of intestacy may be as much a business problem as a legal one. In this interdisciplinary law and business article, the authors investigate whether widespread intestacy may be attributable in part to the failure of the legal industry to market wills effectively. Although attorneys can market within the boundaries of the Model Rules of Professional Conduct, the majority do not take full advantage of the range of permissible marketing strategies. This Article suggests that attorneys learn the basics of marketing strategy and rely on guidance from marketing experts in order to structure effective programs to educate the public on will drafting services. By integrating both law and business, estate planning lawyers can better serve current and future clients.
[emphasis added]

Law Blogs, Aggregated (Courtesy of Garry Wise)

Mon, 24 Nov 2008 16:04:29 GMT

Everything I know about social media I learned from PR professionals in my brief career in that field prior to law. Neville Hobson (a social media guru in the U.K. who hosts one of my first podcast subscriptions, For Immediate Release) launched an RSS feed yesterday that combined over 60 of the best PR blogs around [...]

Everything I know about social media I learned from PR professionals in my brief career in that field prior to law.

Neville Hobson (a social media guru in the U.K. who hosts one of my first podcast subscriptions, For Immediate Release) launched an RSS feed yesterday that combined over 60 of the best PR blogs around the world.

He based the selection on a PR Network previously created by David Jones, a local PR guru based in Toronto (he also hosts one of my other first podcasts, InsidePR).

I thought it was a great idea, so I decided to do the same for law blogs. I started by cloning his RSS from Yahoo Pipes, and it seemed simple enough. I wasn’t presumptuous enough to decide for myself who the best blogs were, so I began adding from Steve Matthew’s Canadian Law Blog Awards (CLawBies).

I didn’t get very far though.

I made it to Garry Wise’s blog and noticed a recent entry, Launching Wise Law Reader. Yes, Garry beat me to it.

The Wise Law Reader doesn’t use Pipes, but seems to accomplish the same goal. I can’t seem to find an RSS feed there yet, but I suspect it’s only a matter of time before he gets that up.

The best part about the Wise Law Reader is the top profile video prominently featured on it’s launch date, starring one really familiar law student.

Cross-posted from Slaw.ca

Great Reasons Why Every Law Student Should Blog

Mon, 10 Nov 2008 04:21:10 GMT

To follow-up on our previous post about the benefits of legal writing - and blogging in particular - I found this rather timely post over at The Frugal Law Student. Brett McKay writes: Blogging has definitely helped my legal writing. When you write for a blog, your audience consists of internet users who have the attention span [...]

To follow-up on our previous post about the benefits of legal writing - and blogging in particular - I found this rather timely post over at The Frugal Law Student.

Brett McKay writes:

Blogging has definitely helped my legal writing. When you write for a blog, your audience consists of internet users who have the attention span of a gnat. You have to capture their attention and maintain it through good solid writing. When you write on a blog, you want to use short sentences and paragraphs; you want to tell a story that draws people in; and you want organize your writing with headings that make it easier for the reader follow.

Do these tips sound familiar? It’s the exact same thing you’re supposed to do in legal writing! By blogging consistently, you can improve your legal writing immensely.

Mister Thorne on How Lawyers Write

Mon, 10 Nov 2008 01:47:02 GMT

One of our readers, Mister Thorne, wrote in to us about a recent legal writing cartoon we posted earlier this week (the (new) legal writer also picked up on it). He pointed out an article from his site today that addresses lawyers as authors and law firms as publishers. Lawyers rarely know how to write for the [...]

One of our readers, Mister Thorne, wrote in to us about a recent legal writing cartoon we posted earlier this week (the (new) legal writer also picked up on it).

He pointed out an article from his site today that addresses lawyers as authors and law firms as publishers.

Lawyers rarely know how to write for the public. Blogging, especially early in law school, can help develop these skills.

Although we have readers across Canada in pretty much every law school, in major law firms, courthouses and government legal departments, the majority of our readership is the larger Canadian public. We have more readers than there are law students (or potential law students) in Canada, so we know we’re dealing with non-legal people as well.

If we get too verbose or technical a lot of our readership dies off. Occasionally we like to mix it up in order to keep up our standards and provide some valuable legal analysis for the web. But a balance between technical, informative, and educational writing is important for us to reach a broader audience.

And as Mister Thorne says,

Not every attorney can do that on his own.

That’s where he comes in, providing editing services to lawyers and law firms to help them become more presentable to clients.

Social Networks Pay Money for Lawyers

Mon, 29 Sep 2008 15:32:39 GMT

Social networks are picking up, and lawyers are noticing. The Legal Marketing Association published a paper recently emphasized that junior associates involved in social networking might be bringing a large client base with them. When you hire someone, you hire his or her network. One of the more popular business networks is LinkedIn. The Wisconsin Law Journal describes [...]

Social networks are picking up, and lawyers are noticing.

The Legal Marketing Association published a paper recently emphasized that junior associates involved in social networking might be bringing a large client base with them.

When you hire someone, you hire his or her network.

One of the more popular business networks is LinkedIn. The Wisconsin Law Journal describes a few lawyers that have used it effectively.

In my experience, LinkedIn has been a very effective and efficient network-building tool, and it can be very useful for attorneys. But it does require some effort on your part, because you have to be actively engaged in it to make the most out of it.

Since I started blogging on this site, I’ve had several dozen requests from readers to be added to their network (you can find me here).

They also describe law students who have created student groups on the network. I’m tapped into several social networks, and participate in almost all of the largest ones.

On LinkedIn I created a general Law Student group and an Alumni group for my school, and it has already attracted some attention. But the number of law students in Canada on LinkedIn is still pitiful.

Yesterday I covered a new social network site, specifically designed for lawyers outside of the U.S. seeking American clients. Specialized niche sites will continue to offer a unique advantage to those that participate.

Lawyers and law firms that completely ignore social media, the web, and technological developments entirely, will likely lose their competitive advantage in the long-term.

h/t Mitch Kowalsky of Financial Post

Why Meta Tags Mattered in Venture Tape v. McGills

Sat, 06 Sep 2008 01:36:23 GMT

Eric Goldman, Associate Professor of Law at Santa Clara University School of Law and Director of the school’s High Tech Law Institute, has a post on a recent American decision involving search engine optimization and meta tags. The tech/geek types will be scratching their heads now, because they know that meta tags don’t matter that [...]

The tech/geek types will be scratching their heads now, because they know that meta tags don’t matter that much any more (title and description tags work better).

The court awarded $426,487 in damages, costs and fees to the plaintiff when the defendant used its copyrighted name in an alleged attempt to steal web traffic and customers from them.

Goldman makes two important points:

1) Don’t put third party trademarks in keyword metatags. It’s just not worth it. The marketing payoff is trivial at best, and too many courts are overreacting to the presence of metatags. Here, it cost the defendant 3+ years of profits for their entire business plus another nearly $200k for some SEO tactics that had little chance of helping anyway. That’s a bad business call.

2) If you are defending a lawsuit involving metatags or other technology-mediated uses of trademarks like keyword advertising, you MUST hire an attorney who already understands search engine technologies. As a good acid test, ask your attorney if they know how search engines index keyword metatags. If they don’t know that keyword metatags are irrelevant technologically, drop them immediately. The point is that your attorney will need to explain to the judge why keyword metatags don’t matter from a technological standpoint (like the attorneys apparently did in this case), and if your attorney doesn’t understand the technology, the judge won’t either.

Social Media When Time = Money

Fri, 29 Aug 2008 06:11:31 GMT

Lawyers are notorious for efficient use of their time, more so than any other professional, because with the billable hour their time really is money. The American Bar Association revealed in the Septmeber 2008 issue of the ABA Journal that the majority of lawyers are still reluctant to adopt new web technology. The survey, based on responses [...]

Lawyers are notorious for efficient use of their time, more so than any other professional, because with the billable hour their time really is money.

The American Bar Association revealed in the Septmeber 2008 issue of the ABA Journal that the majority of lawyers are still reluctant to adopt new web technology.

The survey, based on responses from approximately 850 lawyers nationwide, shows that websites and e-mail newsletters are still the digital way that most attorneys stay current with the news. A small minority reports reading blogs; but actually creating a blog is something the geeky lawyer down the hall—or, more likely, across town—is into.

Sam Glover of Lawyerist demonstrates that social media does not necessarily need to take more time than other networking techniques.

Networking takes time, whether that networking takes the form of a bar association event, a happy hour with colleagues, or online social networking. Just like “regular,” offline networking, time spent networking online is up to the person doing the networking online. Networking online is “real” marketing. It should be a necessary part of your job, not just frivolous web surfing.

He looks at Facebook, LinkedIn, and Twitter, claims that once you set yourself up you need only 10-15 min. a day for maintenance.

Well here’s a tip to reduce that time even further.

With Ping.fm, you can simultaneously update several networks, including social media sites and blogs.

If you install plug-ins, you can further disseminate your information by either distributing your blog posts across your network, or collect your web content like status updates and transform them into blog entries using their custom url feature.

Essentially you have set up several mirrors on over a dozen sites that are already optimized. Keep your privacy settings on the lowest level for the best effect.

The trick here is to use social media as a push medium, and not spend hours daydreaming looking at all your associates’ vacation photos.

Using this technique for several months consistently will increase the likelihood that personal content you are interested in placing on the web will take top ranking. You will be able to stay in touch with family, friends, and potential clients with minimal effort.

Best of all, you’ll come across as a social media pro, and nobody will know how little effort it really took.

h/t Devin Johnston of Robson Hall for the heads up on ping.fm

Cross-Posted from Social Media Mafia.

100 Tips and Resources to be a Happy, Successful Lawyer

Tue, 12 Aug 2008 10:46:09 GMT

Is it possible to be both happy and successful in law? Laura Milligan of Job Profiles thinks so. They wrote in last night and brought an article to our attention that provides tips and other resources that can help lawyers in their careers. They suggest that lawyers join associations. For us it would be the [...]

Is it possible to be both happy and successful in law?

Laura Milligan of Job Profiles thinks so. They wrote in last night and brought an article to our attention that provides tips and other resources that can help lawyers in their careers.

They suggest that lawyers join associations. For us it would be the Canadian Bar Association, as well as the provincial organization where you live. There are also practice focused groups like the Ontario Trial Lawyers Association and the Canadian Defence Lawyers.

To keep abreast of changes in the field, they list a bunch of lawyer blogs. Of course the best way to do that is to write a blog yourself, which keeps you in the loop and adds your voice to the discussion.

Social media is also something they mention, citing Kevin O’Keefe’s article from earlier this year that says that Law Firms Should Learn to Love Social Media Sites.

Love is a strong word. I’ve got my hand it dozens of social media sites, but I only use a handful because the rest are too time consuming, redundant, and have limited scope. FriendFeed has become a very useful tool because it aggregates several social media sites for you.

The newest site I’m trying out is Martindale by Lexis-Nexis. Given it’s specific legal focus it might prove useful, but has limited functions to students, who can’t create public profiles or be listed in the search functions. Law students marketing themselves is still something new to the industry. Firms might be interested in getting listed on Lawyers.com’s new site, Canadian-Lawyers.

Continuing education is hardly a concern for law students. But I still attend a number of CE events to broaden my horizons, gain perspectives from practitioners rather than academics, and network with members of the bar.

Avoiding burnout and creating a work/life balance should start now, while we are in school. Unfortunately the most successful students are too often the ones with the least balance. And although it might be a calculated sacrifice at this point in their career, it’s not sustainable in the long-term.

Jobs, and the fear of not getting one, is probably the reason why law students burn themselves out. The number of positions out there should provide some assurances that there are positions for everyone. Last month we were contacted by Stephen Fine, who provides other options at www.AlternativeLawJob.com. We plan on doing an interview with him in the future to explore this further.

References, referrals, humour are also important to add to the mix, and Milligan provides a smattering of them. But they also provide resources for new lawyers and students, how to get out of debt, and how to fight discrimination.

Jordan Furlong has also written to us in the past, and pointed out resources for Canadian law students and lawyers in creating work/life balance.

But will all of this help make lawyers, as Hon. Patrick J. Schiltz said, “happy, healthy and ethical?”

You tell us.

Is Obama Really About Change?

Thu, 24 Jul 2008 07:07:52 GMT

The success of Democratic Presidential Candidate Barack Obama can be attributed to his “change” message. In fact, for those that have been following along, it is clear that many American voters truly yearn for a genuine candidate. Hillary and Obama are similar in most respects, but for his consistent message of change–Hillary’s loss can be attributed [...]

Hillary and Obama are similar in most respects, but for his consistent message of change–Hillary’s loss can be attributed to this phenomenon.

Opposition to War in Iraq

Of course, many tout Barack’s stance against the Iraq War. However, I believe that he didn’t vote to authorize the Iraq war because he wasn’t in the Senate at the time. Yet, there is little doubt in my mind that if he was he would have voted to do so.

I’ve believed this from the beginning of his ascent, but now I have the proof to back it up. Well, it’s not actually evidence directly related to the Iraq authorization but it is an accurate indicator of the “flexibility”of Barack’s positions.

I’m referring to his convenient stances on divisive political issues, including support for the application of the death penalty in child rape cases and a “refining” of his Iraq withdrawal position. They are summarized well in this editorial from the New York Times.

Obama on Wiretapping

However, his reversal to support the FISA Amendments Act speaks most definitively on whether Obama is truly a genuine candidate and not just another politician.

FISA, the Foreign Intelligence Surveillance Act, is post-Nixon legislation designed to prevent government spying abuses and protect the privacy of Americans. It introduced strict procedures designed to comply with the 4th Amendment of the US Constitution:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Under the old FISA, the Foreign Intelligence Surveillance Court (FISC) would rule on government applications for wiretapping. The new legislation severely weakens the power of that court.

The government can first begin a wiretap and then ask the court to authorize it. While this was possible within the confines of the old legislation, if the court now denies the application the government can continue to spy on appeal, and if unsuccessful can still use the information collected.

According to the ACLU:

[the legislation permits] the government to continue surveillance programs even if the application is denied by the court. The government has the authority to wiretap through the entire appeals process, and then keep and use whatever it gathered in the meantime…

The Foreign Intelligence Surveillance Court (FISA Court) only reviews general procedures for targeting and minimizing the use of information that is collected. The court may not know who, what or where will actually be tapped.

In essence the government can apply for a warrant without, as the 4th Amendment dictates, “describing the place to be searched, and the persons or things to be seized.“

Retroactive Immunity

The other sticking point has been retroactive immunity.

The telecommunications companies that participated in Bush’s illegal wiretapping program of Americans post-9/11 are now off the hook.

During the primaries Obama campaigned against the FISA amendments and promised to filibuster any telecom immunity provisions.

Even though he ceremoniously voted to remove the immunity (an amendment he would have known would not pass), his support for the final bill is an indication of how much a real politician Obama is, and not quite the “change” candidate he has made himself out to be.

Let’s Play Ball with Toronto Blawgers

Sun, 13 Jul 2008 02:41:11 GMT

St. Louis Cardinals Manager Tony LaRussa once told the Bar Association of Metropolitan St. Louis, I really feel my training came from going to law school. I’m not sure how that fits in with his DUI right before the World Series last year, but the law does touch every aspect of life, including sports. We previously talked about [...]

St. Louis Cardinals Manager Tony LaRussa once told the Bar Association of Metropolitan St. Louis,

I really feel my training came from going to law school.

I’m not sure how that fits in with his DUI right before the World Series last year, but the law does touch every aspect of life, including sports.

We previously talked about how specific hockey cases have influenced the law, but baseball also has its landmarks as well.

First-year property law students inevitably hear about Popov v. Hiyashi, which has evolved into a movie on the case, “Up for Grabs,”

The documentary deeply delves into the legal battle that ensued over [Barry] Bonds’ now world-famous baseball and the two central characters, Alex Popov and Patrick Hayashi. Popov claimed to have caught the ball but Hayashi was the fan that ended up with it in the frenzy. The event marked a historic achievement for Bonds, as his home run shattered the previous single-season record set by Mark McGwire of the St. Louis Cardinals in 1998.

Roger Abrams outlines in his book, Legal Bases: Baseball and the Law, other major incidents in baseball of legal interest:

The origins of baseball - formation of the National League, the development of rules and processes
Contracts between players, owners, stadiums, etc., most notably the Lajoie litigation, which established the league’s control over players
Exemptions to anti-trust legislation established since 1922, and the Curt Flood suit in 1970 and unsuccessfully opposed his trade from the St. Louis Cardinals to the Philadelphia Phillies
Collective bargaining and the emergence of the Major League Players Association, from which players and owners benefited
The private legal processes that control the business of baseball, including its governance system, the process of desegregation, and powers of the Commissioner
The end of the reserve system, and the 1975 Messersmith Arbitration case that challenged it
Class-action cases filled by players like Carlton Fisk, claiming owners had violated collective bargaining agreements through collusion
Criminal allegations against Pete Rose that he was betting on games
The labour wars of the 90’s

And there are many other subjects related to baseball in the law.

But none of this was the subject of discussion at the Blue Jays game last night in Toronto.

I met with Connie Crosby and Simon Chester of SLaw, and the editor of the Blawg Review, who is traveling the world and meeting with blawgers of interest.

Box Score: It was a helluva game, as Jays blanked Yankees 5-0.

Canadian fans taunted A-Rod, as law bloggers watched helplessly. “We should have invited a family law specialist,” noted Ed.

We had a great time, but more importantly had a wonderful conversation about various topics related to legal blogging (or blawging, the controversy rages on).

Students are often apprehensive about going online with their thoughts and doing legal blogging. But the Blawg Editor said,

It makes no sense to try to be the best at the same thing as everyone else. Find something you like that’s different and be the best at that.

Law firms are also slowly accepting the role of blogs, though it’s often limited to partners that operate unofficial sites as a communication tool with potential clients. But search engine optimization is becoming the golden grail even for law firms.

There are some interesting projects around, including some firms that are having their articling students run a blawg. And Davis LLP made a permanent impression on the blawgosphere when they opened a law office in second life.

The best part about social media is the opportunity for law students to interact and exchange with experienced practitioners in the field. And one of the major topics for the evening was how they could better assist interested students.

How do firms deal with a blogroll - do they link to their competitors’ sites and blawgs as well? Of course, because the new age of legal practice is not as much about intense and aggressive competition as it is about building and developing relationships.

We might be able to go back to meaning it when we refer to opposing counsel as, “my friend.”

The teamwork mentality that these lawyers bring to the Internet makes it that much easier for those of us starting out in the game. And when you do throw the ball my way, I’ll be sure not to drop it.

Thanks for the invite.

Top Law Firm Hires Hillier

Mon, 07 Jul 2008 22:40:12 GMT

The former Chief of Defence Staff General Rick Hillier has been snatched up by one of the premiere law firms in Canada, Gowling Lafleur Henderson. Julius Melnitzer of the National Post comments, Gowling Lafleur Henderson has announced that the firm will be former Chief of Defence Staff General Rick Hillier’s “temporary home base.” The press release [...]

The former Chief of Defence Staff General Rick Hillier has been snatched up by one of the premiere law firms in Canada, Gowling Lafleur Henderson.

Julius Melnitzer of the National Post comments,

Gowling Lafleur Henderson has announced that the firm will be former Chief of Defence Staff General Rick Hillier’s “temporary home base.” The press release says that Hiller “will be stationed in the firm’s Ottawa office where he will be provided with a range of support and business services while he considers his future career in the private sector.”

Now, we know that the celebrity mentality has come to Canada’s law firms. We also know that the law firm model is evolving rapidly. But just what is a “temporary home base?” Sounds like a free office and assistant, but does that need a press release?

Wonder if the next thing will have our troops bearing law firm insignia on their uniforms?

Jane Taber of the Globe explains why high-profile individuals are hired for marketing purposes,

There is a trend developing among law firms to hire well-connected non-lawyers; former Newfoundland premier and former federal cabinet minister Brian Tobin became a senior business adviser to another big firm, Fraser Milner Casgrain LLP, and last January, former Alberta premier Ralph Klein joined Borden Ladner Gervais LLP.

But neither Hillier nor Gowlings seem to know exactly what he will do in his new position at the firm.

Scott Jolliffe, chairman and CEO of Gowlings explains the move as securing a Canadian icon,

who people immediately respect.

Really? Even these Canadian lawyers?

The public half expects industry to snatch up politicians for their connections in the world. But military figures is something new, and might be perceived with some unease. Especially in light of what is arguably Canada’s most controversial international armed conflict in its entire history.

The York Ad Hoc Committee Against the War stated,

The Canadian war in Afghanistan has been barely discussed in Parliament, with only the briefest debate in May 2006 on a motion extending the Canadian mission. A much deeper process of discussion, education, and mobilization needs to ensue across Canada.

Osgoode Prof. Michael Mandel heads Lawyers Against the War (LAW) and has issued a strong condemnation, saying the war is both illegal by international law and won’t accomplish its goals,

Legality matters. When governments start to ignore the rules against violence, we are in deep trouble. That’s what happened in the nineteen-twenties and thirties. They were followed by the forties, and after fifty million had died in World War II we sat down and wrote the Charter of the United Nations to try to put an end to war.

Of course Hillier has little or no blame in this issue, taking his marching orders from politicians. But the politicians never did give the public a chance to discuss this issue, and most Canadians are clearly against the war in Afghanistan.

Perhaps this move can best be interpreted as an indication of the increasing prominence of the military industry to the Canadian business economy, and the corresponding political changes we are likely to see ahead as a result.

And the most important lesson here for law students is that if you aspire to reach the top rungs of a Canadian law firm don’t even think about working your way up the hard way, where only 1 in 10 will make partner.

Join the Army instead.

The Liability of Saying Sorry

omar@lawiscool.com (Omar Ha-Redeye) — Mon, 30 Jun 2008 14:23:07 GMT

One of the hallmarks of properly managing disasters or scandals for a company is providing a genuine apology to the public. It fosters good-will, and indicates a willingness of the corporate entity to make changes to affect the problem. However, legal counsel will frequently advise against doing this, as it can indicate an admission of liability. [...]

However, legal counsel will frequently advise against doing this, as it can indicate an admission of liability. As a result, lawyers often find themselves in tension with communications staff on the appropriate management of crisis.

Michael Allison of Young Blood PR discusses these tensions as it relates to Ontario compared to his home province of B.C.

For example, the B.C. Apology Act states,

Effect of apology on liability

2 (1) An apology made by or on behalf of a person in connection with any matter

(a) does not constitute an express or implied admission of fault or liability by the person in connection with that matter…

(d) must not be taken into account in any determination of fault or liability in connection with that matter.

(2) Despite any other enactment, evidence of an apology made by or on behalf of a person in connection with any matter is not admissible in any court as evidence of the fault or liability of the person in connection with that matter.

Other jurisdicitons across Canada should probably follow suit.

UofO Law Students File Against Facebook

Sat, 31 May 2008 23:34:03 GMT

We’ve talked about how litigious law students can be, but these four Canadians from the University of Ottawa recently filed a complaint against Facebook to the Federal Privacy Commissioner. One of the students, Harley Finkelstein, is quoted as saying, There’s definitely some significant shortcomings with Facebook’s privacy settings and with their ability to protect users. What’s interesting is [...]

We’ve talked about how litigious law students can be, but these four Canadians from the University of Ottawa recently filed a complaint against Facebook to the Federal Privacy Commissioner.

One of the students, Harley Finkelstein, is quoted as saying,

There’s definitely some significant shortcomings with Facebook’s privacy settings and with their ability to protect users.

What’s interesting is how the complaint was raised.

According to Philippa Lawson, Director of Canada???s only technology law clinic, the students were reviewing Facebook as part of their winter term when they identified 22 potential violations of Canadian law.

The complaint was filed on behalf of the Canadian Interest and Public Policy Clinic (CIPPC), and can be viewed online.

The points of interest include failures to:

Identify all the purposes for which it collects Users??? personal information
Obtain informed consent from Users and non-Users to all uses and disclosures of their
personal information
Allow Users to use its service without consenting to supply unnecessary personal
information
Obtain express consent to share Users??? sensitive information
Allow Users who have deactivated their accounts to easily withdraw consent to share
information
Limit the collection of personal information to that which is necessary for its stated
purposes
Be upfront about its advertisers??? use of personal information and the level of Users???
control over their privacy settings
Destroy personal information of Users who terminate their use of Facebook services
Safeguard Users??? personal information from unauthorized access
Explain policies and procedures on the range of personal information that is disclosed to
third party advertisers and application developers

A Wise Man Once Said…

omar@lawiscool.com (Omar Ha-Redeye) — Sun, 25 May 2008 14:02:33 GMT

Last week I met with Toronto lawyer Garry Wise. Garry is one of the few practitioners that has made a prominent impression in the legal blawgosphere. Garry’s blawg was one of the other recipients of the 2007 CLawBie Awards, for Best Practitioner Support Blog: Garry Wise - Year-in and year-out, Garry is one committed law blogger. [...]

Last week I met with Toronto lawyer Garry Wise.

Garry is one of the few practitioners that has made a prominent impression in the legal blawgosphere. Garry’s blawg was one of the other recipients of the 2007 CLawBie Awards, for Best Practitioner Support Blog:

Garry Wise - Year-in and year-out, Garry is one committed law blogger. He offers his opinions on almost everything, and if you do a Google search for Toronto lawyer you’ll see how blogging benefits the online exposure of his practice. If you didn’t read his Starting a law firm post back in February, please do. Garry Wise consistently offers great vision to a lot of solos across the country.

He related how he created his first firm site back in 1999, and has seen enormous returns from his online interaction. His client intakes have skyrocketed, and he is well-known and respected in the legal community.

We had a wonderful discussion on various subjects, and found many areas of mutual interest and common ground. Garry was generous enough to state that I would be an asset to any firm, and that progressive firms interested in expanding their client base should be trying to recruit me. Garry, I will be using your name as a reference as promised.

But he also suggested that I consider going solo directly out of law school, because I already have background knowledge and an existing client base in my area of legal interest (health), and greater prominence and contacts than many practitioners in the field for several years.

I’m not sure that’s the route I want to take, but it’s no surprise that his post on Starting a Law Firm is one of his most widely read articles. Garry outlines the basic requirements and strategic planning to set up your own firm.

But the “cons” he states - longer hours and more stress than even Bay St., and cost consideration during the initial start up - are likely to dissuade some of the most charismatic and entrepreneurial young lawyers, who opt to lend their credibility to a larger firm instead. Burn-out and stress are other often cited complaints of sole practitioners.

Gary Lloyd Gottlieb, a sole practitioner in Toronto, says in To be or no to be a prisoner of Bay St.,

The best advice I can give to a new lawyer who wants to practice solo is not to do it right away. You will spend too much time reinventing the wheel and then needlessly spinning it. Specialize and learn the ropes from the best lawyer or firm you can get a job with. Develop the knowledge and the competence for private practice for which law school has not equipped you, and for which the newly revamped bar admission process will not adequately equip you either. Develop your sea legs before you set sail alone.

That being said, all is not grim for those who choose to become sole practitioners. There are resources now available that did not exist when I sallied forth on my own 35 years ago

This could explain why the average age of sole practitioners in Ontario is 51, with only 12% under 35, according to a Law Society of Upper Canada (LSUC) survey in 2005.

Yet as we’ve pointed out before, nearly half of Canadian lawyers are self-employed. Jordan Furlong recently provided further break-down of the types of legal practice in Canada, indicating that less that 10% of Canadian lawyers can be found in large firms.

Gottlieb provides tips for those who comprise the vast majority if Canadian lawyers,

You need an independent temperament, the ability to constantly adapt, and eternal optimism to survive as a sole practitioner. You should also not expect a pot of gold.

Above all, you must take to heart the wisdom expressed in the Ethics of the Fathers; in order to be happy, you must be satisfied with your lot.

Access to Justice and Diversity

Smaller firms play an essential role in providing greater access to justice to smaller communities, and often more reasonable billing to clients.

But a recent story in the Star related how rising student debt compells many new graduates to flock to large law firms to pay off student loans. As a result, many smaller communities are increasingly finding themselves without legal services. Some have responded by considering loan-forgiveness programs for new lawyers who move to small towns.

Other lawyers go solo as a result of the failings of big firms that fail create inclusive environments. A 2000 LSUC Equity and Aboriginal Issues Committee report stated,

A number of lawyers feel alienated by the size and types of practice of large firms, and choose to practice in small firms or as sole practitioners.

But the report continues, and indicates that small firms might actually be worse for diversity issues.

However, small firms and sole practitioners often do not have the resources and time to deal with equity and diversity issues, or to develop the appropriate expertise to do so effectively. There are also those who may believe that equity does not add value for law firms which already have strong reputations and clients. Further, members of communities may not be aware of the availability of legal services or may feel that their lawyer either does not understand them, treats them differently, harasses or discriminates against them or otherwise violates their rights.

It’s probably a misconception then that lawyers elect for small practice because they cannot find an inclusive environment in any large law firm.

But there are other reasons for going solo, including women who want greater flexibility in their practice to accommodate a family.

Availability of Mentoring

Gottlieb has elsewhere criticized other LSUC initiatives of a practice management review program as a “A War on Sole Practitioners.” But these accusations have been rebuffed by Gavin MacKenzie of Heenan Blaike, who says that such procedures would apply to number of years of practice, and not type of practice ,

Both law society discipline and LawPRO statistics show that the early years of private practice pose a risk for the development of practice difficulties. Beginning the practice management review program with a focus on members who have been called to the bar for the formative one to eight years and who are in private practice is a risk-based approach that is justified both by data and common sense.

MacKenzie claims that LSUC instead provides support to the independant practitioner,

One of the most important initiatives of this Convocation has been to help sole practitioners and small firm lawyers to survive and thrive. We struck a task force to recommend ways in which as a profession we can preserve and strengthen the practices of the 94 per cent of Ontario law firms that consist of five lawyers or fewer. These sole practitioners and small firms provide the vast majority of legal services to individuals in search of access to justice.

The LSUC report on sole practitioners highlights mentoring as one of the major areas of need. And this probably remains the best asset that large law firms have for young lawyers, beyond issues of compensation or diversity. Many of the more progressive firms increasingly have formalized mentoring programs.

Size versus Presence

Valerie Mutton covered the LSUC report in the Lawyers Weekly, and interviewed Diana Miles, the LSUC’s director of professional development and competence. She suggests that planning is the essential key to a small practice.

But Jordan Furlong says,

Really, in 20 years’ time, the whole notion of “law firm sizes” may very well seem quaint. It won’t be all that relevant how big your law firm is — with the exception of the global giants, size really won’t matter, because the heavily niched, increasingly mobile and wired lawyers of the future won’t find enough advantages to a common office space and letterhead. It may not even take that long, if the changes we can already see rippling through the profession start multiplying faster than expected.

According to Mutton,

Getting your name known in the community and within the profession is essential to the development of a successful practice…

Miles also suggests that new lawyers should take a course in personal marketing, since new lawyers often feel awkward about basic self-promotion such as handing out business cards or introducing themselves to potential clients.

The basic denominator to all these practices, whether small or the 10% in large firms, is presence.

And arguably, it is early adopters such as Garry Wise that have led the way for Canadian lawyers.

The law school blog and podcast from Canada

Online Legal Reporting Trumps CNN

omar@lawiscool.com (Omar Ha-Redeye) — Mon, 19 May 2008 16:39:36 GMT

The video is hard to turn away from. A sobbing 16-year-old sits in her bedroom and, staring into a camera, says she has been raped. This is how CNN covers a story of a 16-year old that posted a video on YouTube after the state attorney in Orange County, Florida dropper her case of being raped. http://www.youtube.com/watch?v=N-1iIPiE38g They [...]

The video is hard to turn away from. A sobbing 16-year-old sits in her bedroom and, staring into a camera, says she has been raped.

This is how CNN covers a story of a 16-year old that posted a video on YouTube after the state attorney in Orange County, Florida dropper her case of being raped.

http://www.youtube.com/watch?v=N-1iIPiE38g

They then go on to warn of the dangers of divulging too much personal information online, and tout the benefits of a counselling service that would probably be more effective.

The problem is that the CNN reporter probably did not even bother to read case transcript, available free from the Orange County Clerk of Courts.

Instead, the real story broke on The Smoking Gun, which related how the young girl changed her story of a consentual relationship after the case was dismissed, and had cited personal grievances and a break-up as the reason for the comlaint.

The case sheet itself leads with,

Due to the consensual nature of the sex encounter… I’m using prosecutorial discretion and am not filing the case…

Commentators on the case have wondered if the accused now has a case against her for libel and slander.

Others have wondered how a small website could conduct a more thorough investigation than a multi-million dollar international news agency. The power and importance of small media web outlets are only beginning to be felt.

Mark Steyn Debates Complainants

omar@lawiscool.com (Omar Ha-Redeye) — Thu, 08 May 2008 21:53:45 GMT

We’ve all been waiting for this since forever. The understandably busy articling students from Osgoode Hall make time to debate Mark Steyn on TVO. A point of note: the poster of the videos introduces them as “sock puppets.” However, they are 3 of the 5 law students that produced the original research leading to the [...]

We’ve all been waiting for this since forever.

The understandably busy articling students from Osgoode Hall make time to debate Mark Steyn on TVO.

A point of note: the poster of the videos introduces them as “sock puppets.” However, they are 3 of the 5 law students that produced the original research leading to the complaint against Maclean’s magazine, and the President of the CIC simply filed it on their behalf. Any assertion to the contrary is simply erroneous.

Updates: Welcome back to the thousands of Steyn fans that have returned to this site. We’ll get to your moderated comments in due time, possible within days or weeks. Our small team of full-time law students can hardly keep up with that horde. And as we’ve said before, we can’t speak on their behalf - we’re glad that they’re speaking for themselves, but we cannot answer any specific questions because we do not have the answers.

We’re finding that many of the comments are by the same posters, using different names and (fake) email addresses, but from the same computer. Some are even having a dialogue with themselves. These comments will be given a lower priority as we sort through them all.

Scalia Openly Condones Torture

omar@lawiscool.com (Omar Ha-Redeye) — Tue, 29 Apr 2008 14:01:24 GMT

Creating a Legal Storm US Supreme Court Justice, Antonin Scalia, made his first major television appearance this week on 60 Minutes. Previously he has severely restricted media access, especially in his court, citing his, First Amendment right not to speak on the radio or television when I do not wish to do so. In 2004, he even had [...]

Creating a Legal Storm

US Supreme Court Justice, Antonin Scalia, made his first major television appearance this week on 60 Minutes.

Previously he has severely restricted media access, especially in his court, citing his,

First Amendment right not to speak on the radio or television when I do not wish to do so.

In 2004, he even had his security guards erase a recording of a speech he had made in Mississippi.

Scalia is a known controversial figure on the Supreme Court, going by the name Nino in reference to the storms he creates. He is often remembered for his objection to the Roe v. Wade ruling that allowed abortion in the U.S. in 1973.

He told 60 Minutes,

You think there ought to be a right to abortion? No problem. The Constitution says nothing about it. Create it the way most rights are created in a democratic society. Pass a law. And that law, unlike a Constitutional right to abortion created by a court can compromise. It can…I was going to say it can split the baby! I should not use… A Constitution is not meant to facilitate change. It is meant to impede change, to make it difficult to change

Smartest Man on Supreme Court of US

Ed Lazarus, author of Closed Chambers, was interviewed by Brian Lamb in 1998,

LAMB: Who’s the smartest member of the Supreme Court now? Mr. LAZARUS: Oh, I don’t whether I could–you know, I don’t know what their IQ scores are. I will say this that–that Justice Scalia is a enormously powerful in–in–intellect. And he has a very powerful writing style. And he’s very sure of himself. And those factors combine to make him extraordinarily influential. He has a–a very steadfast view, although as I point out in the book, he–he’s not always consistent. But–but he puts forward a powerful ideology, and he’s–he’s quick as can be. And–and that makes him very influential.

Support for Torture

Perhaps Scalia’s greatest contemporary controversy is his recent support for the use of torture. In the 60 Minutes interview he stated,

STAHL: If someone’s in custody, as in Abu Ghraib, and they are brutalized, by a law enforcement person — if you listen to the expression “cruel and unusual punishment,” doesn’t that apply?

SCALIA: No. To the contrary. You think — Has anybody ever referred to torture as punishment? I don’t think so.

STAHL: Well I think if you’re in custody, and you have a policeman who’s taken you into custody–

SCALIA: And you say he’s punishing you? What’s he punishing you for? … When he’s hurting you in order to get information from you, you wouldn’t say he’s punishing you. What is he punishing you for?

Scalia’s ideas are infiltrating the Canada as well. At a conference in Ottawa last year, Scalia repeated these comments on a panel on terrorism and torture said,

Thankfully, security agencies in all our countries do not subscribe to the mantra ‘What would Jack Bauer do?’

The statement was in reference to Scalia’s comments on the show,

Jack Bauer saved Los Angeles. … He saved hundreds of thousands of lives. …Are you going to convict Jack Bauer?. Say that criminal law is against him? ‘You have the right to a jury trial?’ Is any jury going to convict Jack Bauer? I don’t think so. ..So the question is really whether we believe in these absolutes. And ought we believe in these absolutes.

And earlier this year, Scalia told the BBC,

You can’t come in smugly and with great self satisfaction and say ‘Oh it’s torture, and therefore it’s no good.’

You can’t?

Article 2 of the UN Convention Against Torture states,

Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture.
An order from a superior officer or a public authority may not be invoked as a justification of torture.

Ali on Think Progress cites Human Rights First, who point out torture raises other constitutional questions besides 8th Amendment violations:

[I]t seems Justice Scalia has forgotten about the 5th Amendment’s guarantee of due process. Furthermore, a court holding a witness in contempt for refusing to cooperate with a judicial proceeding is, in fact, quite different than an interrogator resorting to physical abuse when a prisoner refuses to talk.

Anne Applebaum dispels The Torture Myth in the Washington Post,

Just for a moment, let’s pretend that there is no moral, legal or constitutional problem with torture. Let’s also imagine a clear-cut case: a terrorist who knows where bombs are about to explode in Iraq. To stop him, it seems that a wide range of Americans would be prepared to endorse “cruel and unusual” methods.

She thinks people like Scalia should stick to their fictional television, and avoid making judgments on subjects they know nothing about.

Applebaum interviews an array of military specialists who say that torture simply doesn’t work, and would provide faulty intelligence,

Aside from its immorality and its illegality, says Herrington, torture is simply “not a good way to get information.” In his experience, nine out of 10 people can be persuaded to talk with no “stress methods” at all, let alone cruel and unusual ones. Asked whether that would be true of religiously motivated fanatics, he says that the “batting average” might be lower: “perhaps six out of ten.” And if you beat up the remaining four? “They’ll just tell you anything to get you to stop.”

Canadians are “idiots”

Scalia’s ideological basis is grounded in an “originalist” and “textualist” interpretation of the Constitution. He condemns judicial activism that introduces flexibility into the Constitution to allow for changing times and values.

Canada adopts the opposite approach, and a need for a broad and liberal reading of the Constitution to change with the times is Constitutionally entrenched.

Such flexibility has allowed for same-sex marriage in Canada, but also allowed women to sit in the Senate in Edwards v. Canada (Attorney General), also known as the Persons case, because women were finally legally deemed to be people too.

Privy Council cited Sir Robert Borden in Canadian Constitutional Studies in the Persons case,

The British North America Act planted in Canada a living tree capable of growth and expansion within its natural limits. The object of the Act was to grant a Constitution to Canada. Like all written constitutions it has been subject to development through usage and convention.

The danger in adopting Scalia’s rigid approach instead is openly apparent. NPR interviewed him yesterday and said,

By this logic, if capital punishment was constitutional in 1791, it would be constitutional today. Theoretically, this means that putting people in stocks in the public square, a punishment used in 1791, is also constitutional.

His response was,

I would say that may be very stupid, but it’s not unconstitutional, if indeed it was a punishment that was at that time accepted.

But a stupid argument is probably better than being called an idiot, which is what Scalia does for those who disagree with his Constitutional interpretation,

People who believe the Constitution would break if it didn’t change with society are “idiots.”

Publicity for Money, Or Avoiding Being Demonized?

All of this recent publicity for someone who has so strongly shunned and even attacked the media seems strange.

But the Law Times reports that his current media blitz is part of a recent (subsidized) strategy to improve his his image,

My kids have been working on me to get out and do more public appearances. They think it makes it harder to demonize you — and I agree.

It’s also probably no coincidence that on Monday he released his book, Making Your Case: The Art of Persuading Judges.

Adam Cohen claims in the New York Times that Scalia’s many antics, which also include obscene gestures and refusing recusal (due to conflict of interest), are bring disrepute to the highest legal institution in the most powerful country on Earth.

Cohen says,

More than any modern justice, Justice Scalia seems intent on presenting himself to the world as an outspoken champion of conservative values. But conservatives are people who believe in respecting and preserving existing institutions. There is nothing conservative about diminishing a great institution like the Supreme Court by making inflammatory and partisan off-the-bench statements and ignoring the rules of ethical judging.

And if you’re looking to avoid being demonized by the media and the public, being the poster boy for Abu Ghraib probably isn’t the best way to do it.