♬ See your heart will lead you where you want to be, but your head will lead you where you ought to be.
But which will lead you where you’re meant to be? ♬

Lyrics, music and recorded by K’LA.

2012 New Years

This is Part 2 in the 2012 Tips and Predictions series where I have asked my good friends and colleagues to contribute their best ideas for the New Year. Accordingly without further ado:

Dr. Frank Fowlie: “Future Shock” predictions:

1. Consumers will no longer be forced to call their credit card company  to deal with “unknown” charges.  No more phone tress, no more wait times…You’ll be able to go to your bank’s credit card website and fill in a form online, the bank will handle it from there.
2. When you buy something online and there’s something wrong with the purchase, you’ll be able to go to a single portal for goods sold in Canada, and start a redress process online, at your convenience.  This is less Future Shock, as the European Union has already created a regulation which makes this possible across Europe.  Like “chip” cards did in the past, the technology will migrate from Europe to Canada.
3. Small Claims Courts in Canada will move towards Online Dispute Resolution to more effectively and efficiently manage the court processes.  There will be a new wave of computer literate judges who hear and settle cases online.
4. Courts of equity will look to technology to handle small value claims.  Online Dispute Resolution will replace hearings in matters where the value is the same or lower than the Small Claims Court limit.
5. Law firms will publish hourly rates on their websites to allow for consumer choices.  Consumers will be able to search out legal services in  the same way they look for other commodities online.
6. Lawyers will begin to sell “Boutique services” allowing consumers to handle some part of their own legal matters.  Some lawyers will develop practices which simply “guide” lay litigants, as opposed to forcing the lay litigant into court with representation.
7. Legal Zoom, or some like entity, will set up shop in Canada.  Legal services outsourcing becomes a market drive out of India and Ireland.
8. The public can make complaints against lawyers using an online platform, perhaps to an independent body.

Dr. Frank Fowlie, www.internetombudsman.biz.

Judge Monty Ahalt ( Ret.): “Warp Speed”:

As the year closes out and some say the decade there is always a clamour for the folks to know what is in store for the next year. Some will look at last year and make resolutions. My Life now breaks down into three areas:

1. Court centered ADR and case management as a recalled Circuit Court Judge now counting 30 years.
2. A Mediator/Arbitrator now counting about 45 years – www.montyahalt.com.
3. Founder and CEO of VirtualCourthouse.com – leading ODR provider – now counting 10 years -   www.VirtualCourthouse.com

Each area has it’s unique challenges and will experience new horizons in 2012. While I do not pretend to be Carnac the Magnificent of Johnny Carson days  there are some new happenings that seem to be clearly presenting themselves for the coming year. (more…)

♬ What’s happenin brothers and sisters?
Welcome to our time…♬

Lyrics, music and recorded by NAS.

Happy New Year 2012

Last year on Dec. 31, 2010 I posted a Top 10 Legal Tech Predictions for 2011.  This year I asked my very good friends and colleagues to contribute their top Tips and Predictions for 2012 thinking that this would be a great way to get some perspective on the New Year. The response has been overwhelming! Accordingly, here is Part 1 of a three-part blog post containing their top advice and predictions for the coming year.  But this isn’t the end – I will add in my own tips and predictions for 2012 at the end of Part 3 (can’t help but go out on a limb as well) and ask that you, good readers, add in your own tips and predictions by way of comments on the three blog posts.

Accordingly, here are Part 1 of the Tips and Predictions for 2012!

Karen MacKay:  Change is Neigh…

There will be more change in Canadian law firms in 2012 than we have seen in the last 3 years. In Canada, we will see more mergers and spinoffs.  Lots of change happened in the USA in 2011 that was forced on them by the economy.  The difference between what happened in the USA and Canada will be: The change in Canada will be created by strategic decisions within firms seeking opportunities rather than the financial change that was forced on the American firms.

Karen MacKay MBA CHRP, Phoenix Legal Inc., direct 416.657.2997, mobile 416.904.4848, e-mail kmackay@phoenix-legal.com, www.phoenix-legal.com.

Mitch Kowalski: 2012 – A Turning Point for the Canadian Legal Profession?

When I ran for Bencher in Ontario earlier this year (and was utterly thrashed at the polls!) I did so because I believed that the next ten years are critical to the future of the legal profession. Six months later, my view has not changed.

All over Canada, the legal profession faces challenges it has never faced in the past – and the challenges will only become more numerous. Richard Susskind was right on point when he wrote, “Law does not exist to provide a livelihood for lawyers any more than illness exists to provide a livelihood for doctors. Successful legal business may be a by-product of law . . . but it is not the purpose.”

As lawyers we must constantly earn our right to retain a monopoly over the practice of law. It should never be assumed that we will always have the exclusive right to give legal advice, prepare legal documents, close transactions or even appear in court. One just has to look to the U.K.’s Legal Services Act which is dramatically transforming that jurisdiction’s legal profession. Or, take a look to Australia with Slater & Gordon being the only publically-traded law firm in the world – a firm that was once based on a strong litigation practice but is now aggressively moving into commercial practice areas.

Canada cannot remain an island of lawyer-exclusivity for long – particularly if the legal profession shows itself to be incapable of coming up with creative and efficient ways to make legal services better, faster and cheaper. The commercial pressures of the global economy are too great to ignore and lawyers who stick their heads in the sand will become the dodo birds of the 21st century.

I hope that 2012 will be a watershed year in which meaningful change will finally commence to surface throughout Canada’s legal profession. The following are eight predictions of what can (and should) occur over the next 12 months. (more…)

♬ Here we are as in olden days,
Happy golden days of yore.
Faithful friends who are dear to us
Gather near to us once more…♬

Music composed by Hugh Martin, lyrics by Ralph Blane, “Have Yourself A Merry Little Christmas”.

At is my tradition at this time of year, I would like to take a moment and wish each and everyone the Best of the Holiday Season and a Wonderful and Happy New Year. We are living in difficult and challenging times and I think it is more important that ever to keep our friends and those dear to us close and remind them how they bring meaning to our lives.

To all I hope for Peace, Hope and Happiness. I hope your dreams become goals and your goals become realities in the New Year.

As my gift to you, I offer a few minutes of music and images, a time of solitude and reflection. This slide show combines two of my loves – music and photography. All images have all been taken during the last 12 months and on a variety of cameras, including an iPad2.

I hope this slide show and music (please turn your speakers on) brings to you a time of calm, joy and peace. The music is: “Have Yourself A Merry Little Christmas”; music by Hugh Martin, lyrics by Ralph Blane, and is performed by the Argyle Alumni Choir, Argyle Senior Secondary School, North Vancouver, British Columbia, Canada, copyright Frances Roberts, Director. Used with permission. I hope you enjoy the combination of the music and the images. If you have difficulty playing the video, you can always click here and go to the video on ScreenCast.com.

Best wishes for a safe holiday filled with warmth, comfort, friendship and good cheer!

(For those interested, the slide show was created originally in PowerPoint then turned into a video file using Camtasia 2 on a MacBook, then uploaded to ScreenCast.com).

♬ …I care for you… I’m there 
… I’m there for you…I care… ♬

Lyrics, music and recorded by Wolfsheim.

Jay Fleischman in a blog post entitled: “Is the Virtual Law Firm Model Coming up Short?” opines that lawyers practising in a virtual practice are ‘missing an ingredient’. Mr. Fleischman continues:

Those who offer the virtual law firm are selling something most people don’t want.  People want to be able to make a personal connection with other people, to build trust in a lawyer’s expertise.  They don’t want to be met with a password-encrypted firewall and triple-redundant backup systems.

Mr. Fleischman and I agree on at least one point thou:  it isn’t about the technology.  Most certainly!

But with respect, we differ on where to take it from there. In Mr. Fleischman’s view:

You need to figure out how to connect with people who are not necessarily in front of you.  In fact, you’ve got to determine when being face-to-face is best for the client.

Yes, but … that is only part of the picture.  In my view, Mr. Fleischman fails to take his argument to its logical conclusion. Why would face-to-face be best for (some) clients?  Not because “people want to make a personal connection” (per Mr. Fleischman) but because they have to know – trust – feel – that you care. (more…)

♬ Tell me what you want and i’ll give you what you need… ♬

Lyrics and Music by Patrick Simmons, recorded by The Doobie Brothers.

PLTC 2011 Logo

The 2011 Pacific Legal Technology Conference will be held Friday October 7, 2011 at the new West wing of the Vancouver Trade and Convention Center.

The Pacific Legal Technology Conference is a bit different from other legal technology conferences due to the fact that attendees can take the conference survey and tell us which courses, issues and topics they would like to see in the program. The survey contains the ‘short list’ of topics that the Advisory Board pulled together in their preparations and deliberations.

So: Welcome to the 2011 Pacific Legal Technology Conference Survey – where you can design the conference that you wish to see! I invite you to have a hand in designing this year’s Conference by indicating to us which proposed sessions are of most interest to you.

This survey should take approximately 10 minutes to complete and we ask that you complete the survey on or before JUNE 30, 2011.

Here is a link to the survey: http://www.surveymonkey.com/s/NN3PKZF

Furthermore, at the end of the survey you will receive a web address entitling you to a special survey respondent admission rate for this year’s conference. This special rate of $325+ HST CDN ($325 USD) (or $225+HST CDN for law students/staff ($225 USD)) is our way of saying ‘Thanks’ and represents a $50 savings off of our Early Bird Rate!

This special survey rate is only good until July 31, 2011 – you have to complete the survey by June 30, 2011 and send in the registration by July 31, 2011 to be eligible for this offer.

Furthermore, by completing the survey you are eligible for a draw for one of two free admissions to the Conference.

Thanks for your participation!

Tell me what you want and as Chair of the Conference, I will endeavor to give you what you need…

♫ We have the right combination, we got everything.
And to strike faster than lightning, we raise what we bring.
We have the right combination,
..
Give it all! Give it all! Give it all! Give it all!
Do it! Do it! All right! ♫

Lyrics, music and recorded by The Go! Team.

This is another guest post by Drago Adam (drago@AdamAdGroup.com).  This one really struck a nerve with me since lawyers have to try to define value by delivering the intangible.  This post on how to make your strategic differentiation real has particular meaning for lawyers as they try to distinguish their services from the law firm down the street  - or over the Internet. So here is Drago’s advice:

This week after interviewing some new clients we were struck by how many businesses seem to think their customer service is their differentiator. What’s worse is that they want to tell everyone to do business with them because of their customer service. What businesses fail to realize is that their messages sound like blah, blah, blah to the marketplace. The following message from author John Warrillow will help show us how not to fall victim to this mundane marketing strategy.

Lacking the courage or creativity to come up with something unique, a lot of businesses claim they offer “great customer service” as a point of differentiation. Well, it’s not. (more…)

♬ Partner let me upgrade u, flip a new page. Introduce u to some new things…♬

Music & Lyrics by S.C. Carter, W.J. Clarke, M. Riddick, B. Knowles, A. Beyonce, S. Knowles, C.H. Reid, S. Garrett, recorded by Beyonce.

With the MS Vista debacle behind us and with Windows XP aging out, many firms who held off purchasing any equipment are now looking at their next hardware and software upgrade. Whether you are replacing 10 – or 100 – computers, servers and associated hardware and software, the “spend factor” is non-trivial. Accordingly, you will want to ensure that you are getting the best bang for your buck.

So what do you look for in terms of the newest level of technology? Here are a few things to consider:

Paperless Office: There are multiple benefits from moving from a paper paradigm to a paperless office. Centralized document management on the network server should be a primary goal (by establishing the electronic equivalent of the paper file storage system). This allows you to have “one place” to find all records associated with the file – emails, documents, correspondence, pleadings, land title documents etc. Other benefits: (more…)

♫ Eggs and sausage, now a side of toast
Coffee and a roll, hash browns over easy
Chile in a bowl with burgers and fries
And now what kind of pie?..♫

Music, lyrics and recorded by Tom Waits.

Torys' iPhone and iPad app

♫ Come together ..right now..over me..♫

Words and music by Lennon & McCartney

CCCT CCTJ logo

The 2 day Canadian Forum on Court Technology is taking place today and tomorrow in Ottawa, Ontario.

This is a multi-track look at how to apply technology at all points of the judicial dispute resolution system.

Follow the Twitter tweets by following #CFCT.

Come together electronically and follow the discussion! (cross-post with www.slaw.ca).

♫ 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).
(more…)