♬ 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…)

♬ Change your thinking, Change your mind, Back to the future…♬

Music and Lyrics by D. Ross, B. Wray, J. Wray; recorded by Diana Ross.

Christopher Lloyd in Back to the Future

When one thinks of mentoring, one tends to think of the sage, wise counsel passing along his or her accumulated wisdom to the younger generation. While there is considerable need for this to occur, it is not the only mentoring that can take place in a law firm. Matt Starcevich, PHD, in an article: “What is Unique about Reverse Mentoring, Survey Results” in www.coachingandmentoring.com quoted Alan Webber, the co-founder of Fast Company in describing reverse mentoring (“RM”):

It’s a situation where the old fogies in an organization realize that by the time you’re in your forties and fifties, you’re not in touch with the future the same way as the young twenty-something’s. They come with fresh eyes, open minds, and instant links to the technology of our future.

Jack Welch, when he was Chairman of GE, ordered his top 600 managers to reach down into their ranks for Internet junkies and become their students.

A RM relationship can benefit both parties – the one doing the mentoring as well as the person being mentored. The younger associate gets face time with a senior partner. The senior partner gets the opportunity to gain new skills and see the world through younger eyes. In the survey, Starcevich asked “Why enter into RM?,” 41 per cent selected, “To gain technical expertise” and 25 per cent selected, “To gain a younger perspective.” This supports the notion of capitalizing on the technical knowledge base and younger perspective of the mentor. (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…

♫ I feel connected (connected), protected (protected),
it’s like you’re standing right with me all the time.
You hear me (you hear me), you’re near me (you’re near me),
and everything else is gonna be alright…♫

Music and lyrics by: Amy Powers, Guy Roche, recorded by: Katharine McPhee.

This is another “Leadership Moments” guest post by Beth Flynn of the Ohio Leadership Center.

This particular post is taken from A. Christiansen (2010): The 40:40 principle: Are you Really Connected or just Linked?: How to create powerful, inspiring conversations that lead to greater success. Bloomington, IN: WestBow Press.

1. Become genuinely interested in other people.
2. Use other people’s names when you talk to them.
3. Be a good listener, encouraging others to talk about themselves.
4. Ask others about their interests, rather than talking about your own.
5. Make others feel important – and do so sincerely.
6. Smile often (Christiansen, p. 44).

The 40:40 Principle is available on loan from the Ohio State University Leadership Center.  Click here to borrow this resource or any other resource.   Then click on the Spectrum http://leadershipcenter.osu.edu

♫ A bright light
A new position
A new conviction…♫

Music, lyrics and recorded by The Appleseed Cast.

This is another great guest post from Beth Flynn from the Ohio State University Leadership Center:

Beth Flynn

This post deals with ways to Inspire employees to embrace change in your organization:

1. Awareness: The manager is responsible for generating awareness of the proposed change.

2. Value in awareness: The manager is also responsible for providing employees with supportive information that will inspire them to find value in the proposed change.

3. Thinking: While the manager still has some responsibility in supporting the thinking of employees in this stage, this is the stage where employees begin to bear the burden of responsibility for the proposed change. If you are the manager and you do not begin to see a transfer of responsibility taking place with a noticeable shift in thinking by employees you must go back to stage two.

4. Actions: In this stage, responsibility has mostly shifted to employees. The beauty of this process is that thinking drives actions, so the shift in thinking that takes place literally sets the stage for new actions and behaviors. Again, if you are not seeing actions and behaviors supporting the desired change, you must go back to stage two.

5. Results: The results are everybody’s responsibility. For the proposed change to be embraced and realized within an organization, the results will be a natural outcome of the shift in thinking and new actions and behaviors (Laurin & Morningstar, p. 11-13).

Laurin, C., & Morningstar, C. (2009). The Rudolph Factor: Finding the Bright Lights that Drive Innovation in Your Business. Hoboken, NJ. John Wiley & Sons, Inc.

The Rudolph Factor is available on loan from the Ohio State University Leadership Center. Click here to borrow this resource or any other resource. Then click on the Spectrum icon.

Learn how the Ohio State University Leadership Center is inspiring others to take a leadership role that empowers the world at http://leadershipcenter.osu.edu

Thanks Beth for being our bright light!

♬  Don’t dream it – be it…♬

Music and lyrics by Richard O’Brien, from The Rocky Horror Picture Show.

I am pleased to announce that my blog post “Rocky Horror as a Management Lesson” has now been reprinted in the American Bar Association’s ezine “Law Practice Today”.

I would like to say “Thank You” to LAW PRACTICE TODAY’s Editor-In-Chief, John D. Bowers, Saul Ewing, LLP
their Issue Editor Allison C. Shields, LegalEase Consulting, Inc., and member of the Board of Editors, J. Benjamin Stevens, The Stevens Firm, P.A. – Family Law Center.

This all goes to show – don’t dream it – be it!

♬ Take a look, take a look
Take control of yourself
For a moment realise
We are thinking today
Today, Today–
Take a look…♬

Lyrics and Music by Andy Sears, recorded by Twelfth Night.

{cross-post from www.slaw.ca}

On Nov. 30, 2010, psychologists at the University of Toronto and Tufts University released a study that makes a link between profitability of law firms and college yearbook photos of managing partners.

They reported that:

[L]aw firms are more profitable when led by managing partners with powerful looking faces. Further, an individual’s career success can be predicted as much as 30 to 40 years earlier simply by looking at their face.

It seems that:

“Appearance matters a great deal when it comes to judging people,” says Professor Nicholas Rule of the Department of Psychology at the University of Toronto, lead author of a new study published in Social Psychological and Personality Science. “This includes clothing, posture, and hairstyles, but the real window to judging people is the face. We developed a method to measure facial power and found that it is a strong predictor of law firm profitability.”

You can read the rest of the post by clicking here.

♬  Don’t dream it – be it…♬

Music and lyrics by Richard O’Brien, from The Rocky Horror Picture Show.

In watching The Rocky Horror Picture Show this Halloween with a fully-engaged set of friends, it occurred to me that the movie is actually a management lesson in cinematic form. Work with me here!

The movie starts with Brad and Janet approaching a dark and foreboding castle after their car has a flat. They are, in effect, the new set of eyes having an unexpected first glimpse inside an existing organization. On gaining entry to the castle and seeing its bizarre occupants, they get the distinct impression that they have just done a ‘time warp’ into a new dimension. This is not unlike someone’s first impression on joining a dysfunctional organization. (more…)

♬ Don’t stop thinking about tomorrow, don’t stop, it will soon be here….♬

Lyrics and music by Christine McVie, recorded by Fleetwood Mac.

Leadership

This “Leadership Moment” post is another great guest post from Beth Flynn at the Ohio State University Center:

In what ways are you a leader?

From: Jay, J.K., (2009). The inner edge: the 10 practices of personal leadership. Santa Barbara: CA, ABC CLIO.

The Inner Edge is available on loan from the Ohio State University Leadership Center. To borrow this resource or any other resource, please go to the resource search page http://164.107.48.88/winnebago/index.asp?lib=???

Learn how the Ohio State University Leadership Center is inspiring others to take a leadership role that empowers the world at: http://leadershipcenter.osu.edu. You can subscribe to the Leadership Moments list by sending an e-mail to Beth at: flynn.61@osu.edu.

Thanks Beth for another great post and for demonstrating that you are a fine inspirational leader!