♫ We are the champions
No time for losers
Cause we are the champions
of the world… ♫

Music and lyrics by Freddie Mercury, recorded and performed by Queen.

When thinking of the Olympics, an image of a breathless young person comes to mind who is standing on a podium, smiling the smile of a lifetime as someone places a ribbon-bound medal around his or her neck. While lawyering may not be an Olympic sport, there are no shortage of awards and recognition that lawyers and law firms may win in the international, national, provincial and community levels, aside from the coveted QC.

There is the Gruber Prize for Justice. The Gruber Foundation Justice Prize is presented to individuals or organizations for contributions that have advanced the cause of justice as delivered through the legal system. The award is intended to acknowledge individual efforts, as well as to encourage further advancements in the field and progress toward bringing about a fundamentally just world. In 2003, Madam Justice Rosalie Silberman Abella and Madam Justice Bertha Wilson, both of Canada, were recipients (okay, they are judges but they were lawyers at one point too).
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♫ What are you doing the rest of your life?
North and south
and east and west of your life? ♫

Lyrics and music by: Alan Bergman, Michel Legrand, Marilyn Bergman, recorded by Barbara Streisand.

Robert (Bob) Denney of Robert Denney Associates, Inc. has just released the February 2010 Communique on What Firm Leaders Should Focus on Now.

With Bob’s permission, here is his communique, which I think is excellent in terms of strategic planning and vision for the year to come:

The economy is recovering although not as rapidly or steadily as we would all like. It is already apparent that this recession will have a far greater impact on the legal profession than any previous recession. Now it is time for firm leaders to shift from survival management to recovery and strategic management. Firms face challenges they have never faced before and for which there are few, if any, precedents. These are some of the areas where these challenges will occur and where firm leaders should now focus their attention.

Leadership and Management: Managers have a short-range perspective. Leaders, on the other hand, need to have a long-range perspective and a vision. They also need to build consensus throughout the firm for achieving that vision. Leadership is different from management. Right now both are critical.

Firm and Practice Management structure: The Managing Partner/President/CEO should focus on strategic issues and external factors – especially clients. But, in BigLaw firms and in many MidLaw firms, this top level manager should focus solely on running the firm and should not have any personal client responsibilities. There should be a senior management team including an Executive Committee, a Chief Operating Officer (or co-Managing Partner) and Practice Group Leaders. All positions should have job descriptions and the partners in these positions need to be given sufficient non-billable time to fulfill their management responsibilities. (more…)

♬ We’ll find another way to dance, we’ll find another way to dance
If you get the chance you must dance, dance, dance….♬

Lyrics, music and recorded by Dan Keyes.

Oct. 2, 2009 marked the latest edition of The Pacific Legal Technology Conference in Vancouver, BC, Canada. With speakers such as Dr. Michael Geist, who spoke on how blogs, Twitter, web sites and other internet-driven collaboration tools have changed how governments shape legislation, it was not surprising that this year’s program saw record attendance numbers!

Other popular session topics were: Going Paperless, virtual lawyering, privacy and security and ethics concerns and of course, iPhones, Blackberries and other smartphones. The conference also dealt with time, task and email management using technology and how to focus your financial system to direct your future and achieve your goals…financial and otherwise. The conference closed to a ‘60 Tips in 60 Mins” presentation that saw at least 100 tips being mentioned, displayed and discussed. Copies of most of the power points can be found at: www.pacificlegaltech.com/sessions.html. Written materials (in CD-ROM format) are also available from the conference for $149 + taxes from: info@pacificlegaltech.com.

What was most interesting from my perspective were the comments and discussions that resulted from the sessions. In particular was an email exchange that I had with Grant Sutherland, a lawyer in Vancouver (I have his permission to post his comments here).

He stated that:

“You mentioned that you are a Mac user. After struggling with Vista, I purchased a Mac a year ago and will never go back to a PC. The Mac is terrific!

I am practicing part time. I have office space available at a law firm in downtown Vancouver but spend most of my time working out of my condo. I am 63 years old and have been in practice for 37 years.

There are probably a lot of lawyers like me who are getting a little long in the tooth but don’t want to retire and have a lot of experience and some useful advice to impart to clients and younger lawyers.

Technology allows people like me to work out of my home and assist clients with their legal issues. I have fully embraced technology and am always looking for new tech tips to help in my practice. (Who says you cant teach an old dog new tricks?) Your conference was very timely for me.

You may wish to consider targeting older lawyers who want to transition from an office to a home office. In my view, they are ideal candidates for the tech information you have to offer.”

So I asked Grant what are the technologies that he uses to be a mobile and virtual lawyer. Here is his reply:

“I use a MacBook Air. Weighs 3 pounds. Excellent for travel and taking to meetings locally, Starbucks, etc. I have the Super Drive to plug in to USB if I need to load software or view a DVD. I don’t take the drive with me when I travel. Don’t need it and it is excess weight.

For backup I just bought a 1 terabyte Time Capsule. I also have a couple of USB Flash Drives that I bring with me when I travel.

I have an HP Officejet Pro 7780 All-In-One copier, fax, printer, scanner. For big print or copy jobs, I email The Printing House with a file attached.

I have a Blackberry 9630–the new World Phone. Works on both GSM and CDMA so works most places in the world. I use Blackberry email and instant messaging a lot. Very efficient!

Finally, I have an iPod touch. This is useful when traveling as it has my music, photos etc so it helps to pass the time on aircraft. It is synced with my Macbook Air email through MobileMe so it serves as a backup for my email in case I encounter a problem with my computer.

I closed my downtown office at the end of February and have some legacy PC hardware and software with my accounting information. I am a stickler for precise accounting and I have a bookkeeper that comes in once a week to look after my accounting.”

Grant has found a new way of continuing to practice, in a way that supports his lifestyle and his needs, using technology to reach out to the world (or have the world find him). I would like to thank Grant for taking the time to share his perspective here for others to read and hopefully, emulate.

After all, if we still hear the music once we no longer wish to practice 50+ hours a week in a glass tower, we need to start finding a new way to dance….

Simon Chester, a partner at Heenan Blaikie since 2004, is a member of their Toronto Litigation and Business Law groups. His practice focuses on knowledge management, research and legal opinions specifically. He has been a pioneer over the past 25 five years in the application of technology to the practice of law.

Simon studied Jurisprudence at University College, Oxford, and on winning the Canadian Rhodes Trust Scholarship did post-graduate work at Osgoode Hall Law School. After a decade in the Ontario government, he joined another major Toronto law firm as research partner. His earlier career included work as a faculty member at Osgoode Hall, on the research staff of the Ontario Law Reform Commission, and as Executive Counsel to the Attorney General of Ontario.

He has extensive experience in privacy and e-commerce.

Simon has held leadership positions in professional organizations and was the first non-American to chair the American Bar Association’s Tech Show. He chairs the ABA Law Practice Management Section’s Editorial Advisory Board. He served as President of the College of Law Practice Management and as President of the Oxford University Society in Toronto; he is a director of the Canadian Rhodes Scholars’ Foundation.

Simon has often testified before House of Commons and Senate Committees and is a frequent speaker at American, Canadian, Asian and European conferences on technology, international law and law practice management issues. He has contributed articles to the American Lawyer, International Business Lawyer, International Financial Law Review, Law Practice Management, CAMagazine, CBA National, Business Law International and the ABA Journal. He has written chapters for Winning with Technology, The Quality Pursuit, Environmental Rights in Canada and Canadian Legal Practice.

We welcome this opportunity for Simon, a perennial speaker at The Pacific Legal Technology Conference (including the upcoming 2009 version on Oct 2 in Vancouver) to answer 30 Questions for Busy Lawyers who use Technology:

1. Could you briefly describe your firm (number of lawyers, staff, areas of practice etc):

Heenan Blaikie is one of the ten largest law firms in Canada, although it is likely the youngest, since the firm was only formed in 1973. Practicing in four provinces, we currently have 495 lawyers, 6 Patent Agents, 67 Paralegals and 519 Support Staff : (which includes legal assistants and administrative staff (Accounting, Human Resources, IT, etc.). The firm’s historic strengths have been in labour relations, film, media and communications, public law litigation, pharmaceutical litigation and business law, but we have lawyers specializing in a vast number of areas from aboriginal land claims, mining project development, to atomic energy to minority language rights litigation. With the exception of the occasional white collar/regulatory defence, we eschew criminal work, and will refer out all family law work. The firm also has an active pro bono practice, and has been involved in a number of high profile recent constitutional challenges. In addition, the firm has an extensive international consulting practice, although this is generally conducted using advanced telecommunications and fly-ins. (more…)

Nils B. Jensen B.A.Sc., LL.B., LL.M. answers 30 questions for busy lawyers who use technology:

Nils Jensen is a senior litigator at the Victoria Crown Counsel Office. His innovative use of technology in the courtroom has gained him a reputation as a leader in the field.   He has used technology before judges and juries in cases ranging from murder to impaired driving.

While seconded to the Court Services Branch of the Ministry of Attorney General he led the award winning expansion of the video conference network now used widely in British Columbia courts and correctional centres. He was also the driving force behind the ground-breaking adjudication system used to resolve municipal bylaw disputes. The project received a Premier’s Award.

He is an Adjunct Professor at the University of Victoria Faculty of Law where he has developed inventive new ways for teaching advocacy skills.

He holds law degrees from Osgoode Hall Law School and London School of Economics and an Engineering degree from the University of Ottawa.

Nils looks at using technology from the perspective of a Crown Counsel:

1. Could you briefly describe your firm (number of lawyers, staff, areas of practice etc)

I work at the Crown Counsel Victoria Office which is composed of 25 lawyers. Our practice is restricted to criminal prosecutions and appeal.

2. When was your firm established?

Early 1970s.

3. Where do you practice (one office, multiple offices, virtual offices, regional, national, international)?

The Crown has offices throughout BC – there are approximately 400 lawyers.

4. What are the demographic backgrounds of the lawyers and staff in your firm?

We span the whole spectrum of ages and backgrounds: from right out of law school to 30+ years experience.

5. What prior degrees and/or experience do the lawyers and staff bring to your firm?

Some have LLMs – some come from the private sector to join us.

6. How would you describe the culture of the Crown?

We pride ourselves on striving for excellence and conducting our prosecutions impartially, effectively and respectfully, on behalf of the whole community. (more…)

Sharon Nelson, Esq. of Sensei Enterprises, Inc., a boutique computer forensics and information technology consultancy service, who practices law associated with Sensei, a past Chair of ABA TECHSHOW and many times published author, and 2007 and 2009 Pacific Legal Technology Conference presenter, answers 30 Questions for busy lawyers who use technology:

1. Could you briefly describe your firm (number of lawyers, staff, areas of practice, etc.)

In the law practice side of my business, I am currently a solo practitioner and accept only cases involving electronic evidence. The consultancy service employs many IT as well as computer forensics people along with the typical office staff found in any business. I would be neglectful if I didn’t mention my life and business partner John Simek who not only maintains my inner balance but keeps the business side of our lives in order as well.

2. When was your firm established?

The law office was established in 1979 and Sensei in 1997.

3. Where do you practice (one office, multiple offices, virtual offices, regional, national, international)?

We have one office in Virginia.

4. What are the demographic backgrounds of the lawyers and staff in your firm?

I was pretty much your average WASP, I grew up in New England and migrated to Virginia when Georgetown accepted me.

5. What prior degrees and/or experience do the lawyers bring to your firm?

I have a J.D. from Georgetown and a B.A, in English from Tufts.

6. How would you describe the culture of your firm?

My solo practice operates in the same “space” as my corporation, Sensei Enterprises, Inc. We are very high tech with most employees being on the young side. This gives us a very fresh and young approach in how we approach business. (more…)

♬ I think to myself living is a winning school
Winning on your feet, winning on the street
Winning as a golden rule
It’s seems there’s always a test
And I’m doing my best
But there still seems a long way to go
I try myself
Trying everything I know
Pushing me so
…
One step ahead
One more step ahead just to get me through♬

Lyrics, music and recorded by Nik Kershaw.

This is the latest in a series of interviews of busy lawyers who use technology in advance of The Pacific Legal Technology Conference, to be held in Vancouver on Friday, October 2, 2009 at the Vancouver Trade and Convention Center. In this interview, we pose our 30 questions for Mark Tamminga of Gowlings:

1.                  Could you briefly describe your firm (number of lawyers, staff, areas of practice etc)

Gowling Lafleur  Henderson LLP is one of Canada’s largest national firms with an emphasis in business law, intellectual property and advocacy.

2.                  When was your firm established?

The firm traces its roots back to the 19th century…

3.                  Where do you practice (one office, multiple offices, virtual offices, regional, national, international)?

Gowlings is an International firm with 8 offices across Canada as well as offices in London and Moscow.

4.                  What are the demographic backgrounds of the lawyers and staff in your firm?

Varied – we have just under 700 lawyers and a proportionate number of staff. With that size comes a tremendous range in people. We have been listed as one of the 50 Best Employers in Canada by the Globe and Mail (2009).

5.                  What prior degrees and/or experience do the lawyers and staff bring to your firm?

Again this is very differentiated.  For example, we have the Honourable Martin Cauchon who was the Minister of National Revenue

6.                  How would you describe the culture of your firm?

Result of the coming together of a whole bunch of smaller firms.  Each firm brought their own flavour.   I would say it is scrappy – willing to try new things.   Open to innovation.

7.                  Can you describe the firm’s management style?

Consensual.  We have a three person executive, a Board of Trustees and an Internal and External Management Committee.  The different office managing partners are on the internal committee.  The external one is made up of key hitters in the firm.

8.                  Does technology assist you in the management of your firm? If so, how?

My interest is practice modeling software, which is aimed at production of legal work.  In terms of management, we have most of the back office accounting stuff…giving us the firm’s financial performance.  GowLINKS is the internal web site for sharing information – the office’s intranet. (more…)

♫ Heigh-ho, Heigh-ho
It’s home from work we go…♫

Music by Frank Churchill, Paul Smith, Leigh Harline, from Snow White.

This is the second in a series of posts in advance of the The Pacific Legal Technology Conference to be held in Vancouver, BC on Friday, Oct. 2, 2009 (www.pacificlegaltech.com) under the category “30 Questions for Busy Lawyers who use Technology”. In this post we are interviewing Nicole Garton-Jones, a solicitor in West Vancouver, British Columbia, who leads a unique high-tech virtual law firm entitled: “Heritage Law”. Here is Nicole’s interview on how she and her firm, use technology:

1.    Could you briefly describe your firm:

Heritage Law is a boutique law firm with four lawyers and six support staff that specializes in wills and estates, family law and mediation.

2.    When was your firm established?

In 2005.

3.    Where do you practice?

Our main office is in West Vancouver, BC.  We have a satellite office in Vancouver, BC for meeting with clients.  We are also virtual in that all staff log into one remote, secure server over the Internet, which is a repository for all firm data and software applications. Many of the staff work as independent contractors from their home offices.

4.    What are the demographic backgrounds of the lawyers and staff in your firm?

We are all women and most of us are working mothers.

5.    What prior degrees and/or experience do the lawyers and staff bring to your firm?

Various. Nicole Garton-Jones was formerly an associate in two large law firms.  Karen Redmond is a former teacher and business owner.  Tanya Murray practiced corporate, securities and commercial law for 12 years.  Myrle Lawrence was a solo wills and estates solicitor for 27 years prior to Heritage Law purchasing her practice.  Our paralegal Elizabeth Markus has a Master’s Degree in medieval art.

6.    How would you describe the culture of your firm?

We have an innovative model of legal practice, centered on the concept of how to enable both work life balance for our staff and maintain top service levels for our clients. (more…)

♫ So you can see
We’re friends in need
And friends in need
Are friends indeed
We’ll keep you safe
In the jungle forevermore
That’s what friends are for! ♫

Music and lyrics by George Bruns, from Disney’s “The Jungle Book”.

We all know that it is a jungle out there.  Accordingly, this is the first in a series of posts in advance of the The Pacific Legal Technology Conference to be held in Vancouver, BC on Friday, Oct. 2, 2009 (www.pacificlegaltech.com) under  the category “30 Questions for Busy Lawyers who use Technology”.  They are to illustrate how all types of lawyers, from all types of practices, from urban, suburban and rural geographical locations, from the largest firms to solos, who range from newly called lawyers all the way to senior lawyers, with different backgrounds and experiences, have embraced technology, brought it into their firms and their practices and made it work for them. More importantly, they illustrate the theme of the conference which is lawyers and other legal professionals reachng out and helping others.

They use PCs with Windows (and in rare cases, Linux) and Macs with OSX or a combo of these.  They use off-the-shelf software and custom-designed applications.  They use electronic filing, Adobe Acrobat, Microsoft Access, Word, Excel, Outlook, Amicus Attorney, TimeMatters, LawStream, Google and Firefox among other applications.  They have set up secure intranets, extranets and collaborative spaces using such products as Microsoft’s SharePoint. They have gone paperless, use Dragon’s voice recognition, desktops, laptops, netbooks, MacBooks, smartphones and iPhones and Blackberrys.  Some are past and present speakers at ABA TECHSHOW, The Pacific Legal Technology Conference and other legal CLEs. But the common thread running through each of their stories is how their strong vision for where they wanted technology to take them, their perseverance in searching for answers and their determination in continually striving for further efficiency and effectiveness gains resulted in strong benefits for their clients, their staff and their practices.

Their message is that if they can do it, there is a way for the rest of us to follow their lead and do it too.  Their stories indicate that ‘one size definitely does not fit all’, for their solutions are all unique, varied and interesting.  I have enjoyed meeting with each of them and I hope the posts accurately reflect their passion for, and the depth of, their desire to not just accept the ‘status quo’.  Of course, any inaccuracies are wholly those of the writer.

This first interview is with Thomas Spraggs, Jr. of  Spraggs & Associates of Coquitlam British Columbia, who is one of the speakers at the 2009 Pacific Legal Technology Conference.  Here is his story:

1.    Could you briefly describe your firm (number of lawyers, staff, areas of practice etc):

Tom: The firm is, by definition, a small firm.  We currently have seven lawyers and approximately 23 full time staff.  We also have very close relationships with a number of consultants in the area of communications, advertising, investigations, information technology, and business consulting.  Our practice is currently restricted to assisting plaintiffs in motor vehicle accident cases.  Occasionally, we will also assist current clients with small criminal matters and the occasional business transaction.

2.    When was your firm established?

Tom: The firm was established in 1971 with Thomas L. Spraggs Sr.

3.    Where do you practice (one office, multiple offices, virtual offices, regional, national, international)?

Tom: Our office location has been in Coquitlam since 1971.  Since 2000 the firm has established a presence in Edmonton Alberta where there is collaboration with another Edmonton law firm to assist clients with Alberta and Yukon injury claims.  We also use the features that Microsoft small business server provides to login remotely to desktops from home and when traveling.

Robert M. Spraggs, (Thomas L. Spraggs brother) is a solicitor in Australia, and is working on becoming a foreign legal consultant to Spraggs & Co. for the purposes of better assisting clientele. The firm has had several clients who reside in Australia. (more…)

♫ Well its time to change
when its time to change
…when its time to change you’ve got to rearrange
move your heart to what your gonna be…♫

Words and Music by: Raymond Bloodworth, Billy Meshel, Chris Welch, recorded by The Brady Bunch.

A lawyer friend of mine lamented recently about an experience he had in running an in-house education session for his partners on web 2.0, social media, blogs and their implications for marketing by lawyers.  One of his partners in the middle of the presentation asked how the teaching partner was recording his time spent learning about this stuff. My lawyer friend was expressing his frustration regarding this partner who not only was not connecting the dots, he wasn’t even seeing them.  Unfortunately, there seems to be an ever-increasing gulf between those lawyers who ‘get’ the positive implications of technology, who see the benefits of learning about them and who know that entering into a dialogue with their partners regarding how to best take advantage of these new developments will result in the betterment of all; and those that don’t.

Perhaps those who do not ‘get it’ do not want for clients or are satisfied with the state of their practice and see no reason to change. But that does not accord with what I am told daily by many many lawyers who are constantly looking for ways to improve their practices. There are shining examples of lawyers who do ‘get it’ and who have embraced technology and have seen huge changes in their practice as a result.  I will be shortly running interviews of select  lawyers in upcoming posts under the new category “30 Questions for Busy Lawyers who use Technology” in order to shed some light on real examples of lawyers who are leaders in their understanding, use and application of technology.

But to introduce these interviews, I thought I would look at one technology that is already built and available for lawyers in BC.  This is Dye & Durham’s Ecorp. For any solicitor who maintains corporate records, limited partnerships, proprietorships, partnerships and societies in BC or Federally, this is one incredible system.

From incorporating a new corporation from the precedent and form library, to maintaining the corporate records in an online library, to establishing a Trust or s. 85 or s. 86 transaction – the system is automated (and has built-in checks to ensure that you have dotted every “i” and crossed every “T”).  Existing corporations can be brought into the system. Historical searches are straightforward (imagine trying to read an older paper-based minute book and trace what happened to a particular share issue…).  The software maintains shareholder rights and restrictions – preventing you from inadvertently causing a problem.  The document assembly and document library allows for quick generation of forms and documents once the data is in the system – without any spelling or typo errors. All filings are done electronically  – and if you wish to also extraprovincially register the corporation in Alberta – that is also available.

You can upload your own share structures into Ecorp and have them available to you in future transactions.  Tracing affiliate references between corporations can be performed, allowing you to produce graphical organizational charts simply and easily.

The system is web-based; Dye & Durham has taken the US Patriot Act and its privacy concerns to heart as all its servers and data are hosted within Canada.  Within Ecorp, security access can be controlled via user management settings and the user administrative system.  The system uses digital certificates to encrypt communications.  Full backup of all data is performed real time and the system is further backed up onto tape throughout the day. Real customer support personnal situate in their New Westminster office are available during business hours to assist in any user issues.

Best of all, Dye & Durham has priced the system in a manner that is eminently suitable to lawyers starting up to established law firms.  There is no purchase of software required and Ecorp bills you $29/corporation/year (or less) at annual resolution time – allowing you to run the system without any upfront costs.

In my opinion, this system offers solicitors a very powerful, accurate and cost-effective way to build and maintain a corporate records practice, particularly those who are just starting out or in a solo or small firm and who may not have a great deal of financial resources. It allows lawyers to gain from the built-in forms, checks and balances in the system – it even does the math for you!

When it is time to change you’ve got to rearrange – and Ecorp is a great example of how technology can be acquired, applied and appreciated by lawyers who not only see the dots, they know how to connect them to their future.