♫ I’ve seen the future, baby:
it is murder.
Things are going to slide …♫
Lyrics, music and recorded by Leonard Cohen.
I had the pleasure of attending The Futures conference in Denver CO recently that was part of the College of Law Practice Management’s Annual General Meeting.
Several themes were developed during that conference, some of which took some time to fully appreciate. Certainly there was a healthy divergence of opinion on the future of lawyers, being the theme of the conference. However, I thought I would take a moment and encapsulate my thoughts on some of these ideas based on the forces that are presently shaping the legal profession. Certainly central to my thoughts are the Legal Services Bill in the UK as well as the power of the Internet as a disruptive technology. Together these, as well as other underlying forces, in my opinion, will change the legal profession as we know it.
ODR:
Online Dispute Resolution is one technology that is not present even on the radar of most lawyers or law firms. Certainly they do not see it as a threat or even an opportunity. However, in my view, it has a huge potential to change the legal profession. In my opinion, it is certainly being looked at by court administration officials and governments anxious to cut costs and provide greater access to dispute resolution services.
What are the trends that we see? Every court registry has seen a dramatic increase in the number of self-represented litigants. How much longer will they seek to use a system that has been designed to work for lawyers rather than have a system that has been designed to work for them? So many litigants today are self-represented since they cannot afford to hire a lawyer to economically handle their case. Online dispute resolution offers the promise of a system where they are in greater control of not only their own case but also the process surrounding that case. In other words, the laws of economics have driven litigants to find a different solution – and sooner or later they will demand that the system change to meet their requirements…for easier access (by the web rather than in person), for access on their schedule (asynchronous communication rather than synchronous), for a flexible process and procedure (they have input into how their dispute is resolved rather than dealing with a rigid court process) and a process that is both seen as being fair and inexpensive.
The world of ODR is only starting to develop. But if lawyers do not embrace ODR and shape it to be a part of the justice system, it will instead develop in parallel to the justice system and eventually compete with it. In my opinion, ODR will have the laws of economics on its side, and as well all know, it is the laws of economics that eventually win out over all others.
Access to Justice = Access to Lawyers?
Most lawyers view access to justice as being equivalent to increasing the access to lawyers. However, if you talk to a member of the public, I believe they would say exactly the opposite – that lawyers in many ways impede the access to justice.
However right or wrong that view may be, the legal profession has not (yet) realized that a sizable part of the public do not see the legal profession as necessarily being part of the solution to increasing access to justice. And that is more than just troubling. It is downright scary. While the legal profession stands for strong principles of fairness, equity and justice, the public views lawyers as being barriers to these same values and principles.
So the future of lawyers lies in our own hands…the question is, what are we going to do about it? We can seize the initiative and build our own future…or we can let events continue as they have been…in which case I think I see the future baby, and it is murder…things are going to slide…
♫ In elementary I used crayons, even chalk
I learned to count money before I could read and talk
And my mama told me son, you need to shine
I couldn’t stand at the back, I had to lead the line..♫
Lyrics and Music by Wesley Weston Jr. and Tommy Granville, Jr, recorded by Li’ Flip.
This post is another great Leadership Moment by Beth Flynn of the Ohio State University Leadership Center on how to market yourself graciously to your superiors:
1. Instead of talking about what you did, talk about the difference it made.
2. Instead of talking about what you can’t do, talk about what you can do and what you are learning to do.
3. Talk about your goals and how they will measure your success.
4. Debrief results with your boss candidly and without apologies.
5. Quantify your results whenever you can – I saved the organization $10,000.
6. When you fall short of your goals, ask for feedback, and talk about what you learned about the experience and how you will apply those insights in the future.
7. Talk about your weaknesses differently. Say I want to strengthen my analytical skills rather than I need to be more analytical.
8. Even your challenges are opportunities to demonstrate creativity and problem-solving skills (Scumaci, 2008, p. 33)
Reference: Scumaci, D. (2008). Designed for success. Lake Mary, FL: Excel Books.
Designed for Success 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.
Learn how the Ohio State University Leadership Center is strengthening tomorrow’s leaders today at http://leadershipcenter.osu.edu. To subscribe/unsubscribe from the Leadership Moments list, send e-mail to: flynn.61@osu.edu.
To be an effective leader, we all need to shine in our own gracious but effective way.
♬ This magic moment
So different and so new
Was like any other
…It took me by suprise
I knew that you felt it too
I could see it by the look in your eyes …♬
Lyrics and music by: Doc Pomus and Mort Shuman.
This is a post of the latest Leadership Moment by Beth Flynn at the Ohio State University Leadership Center. I thought it was excellent and I hope you do to.
Civility (or lack of civility) has been featured in the news this week as we have experienced rude behavior in the government, in sports and at the music awards. Lack of civility is on the increase – and it does need to be addressed before it gets out of control. In today’s Columbus Dispatch, Amy Saunders wrote an excellent article on civility titled Rude awakening: Outbursts are in vogue. Click here to read Amy’s article
If we do not know how the events of the day will unfold, if we cannot see into the future, when does leadership happen?
Answer: It happens at The Magic Moment.
A Magic Moment is any time we receive information and face a choice – a choice in determining what actions we will take and what we will say.
In working with business people around the world, we have conducted research which shows that just over half of us will say or do something destructive when faced with a stressful situation. At that critical point, in that “Magic Moment” when people discover that things have not gone the way we wanted them to, their words and body language lash out with harmful messages.
Another large group of people do nothing. They simply ignore the situation.
These two types of leaders miss the most important decisions that take place during a day. When missed these Magic Moments, which number in the thousands, breed and feed office elephants.
But other people seize such Magic Moments and use them in their favor. Life happens (Read: Competition happens, market conditions happen, personnel and supplier issues happen, and so forth). These leaders recognize an opportunity and leverage the moment to deliver results now – and guarantee greater results in the future (p. 114-115, Vannoy and Ross, 2008).
The Elephant in the Office 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
Learn how the Ohio State University Leadership Center is strengthening tomorrow’s leaders today at http://leadershipcenter.osu.edu.
To subscribe/unsubscribe from the Leadership Moments list — send an e-mail to: flynn.61@osu.edu.
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Thank you Beth for all your great work at the U. of Ohio and for reminding us about those magic moments!
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…)
♬ It won’t be long yeh, yeh,
It won’t be long yeh, yeh…♬
Music and lyrics by Lennon & McCartney.
This interview is with Paul Hergott of Hergott Law, a solo practitioner in West Kelowna, BC. This interview forms part of the “30 Questions for Busy Lawyers who use Technology” thread on this blog in advance of The Pacific Legal Technology Conference, to be held in Vancouver on Friday, Oct. 2, 2009 at the Vancouver Trade & Convention Center:
1. Could you briefly describe your firm (number of lawyers, staff, areas of practice etc):
We have one lawyer – doing real estate and personal injury. In the personal injury area, we have 4 staff. Conveyancing has 1 staff member.
2. When was your firm established?
In Sept 2007.
3. Where do you practice (one office, multiple offices, virtual offices, regional, national, international)?
Regarding the conveyancing side of the practice, the admin is done in an electronically linked home office. Everything else is done in the main office.
4. What are the demographic backgrounds of the lawyers and staff in your firm?
Most senior staff been at it for 30 years…probably early 40 legal assistant and mid 30’s secretary and receptionist is early 50’s. Wife mid 40’s. I am a very old dog!
5. What prior degrees and/or experience do the lawyers and staff bring to your firm?
Staff has long standing legal experience. I have a business admin degree where I took high level programming (C++ and Pascal), quantitative analysis, and 400 level business admin courses. My wife entered the legal world with a computer programming course and started in the area of real estate conveyancing. She was a programmer of Blue Screen, a word perfect based conveyancing package. 3-4 months ago she took training in HotDocs and uses MS Word and HotDocs. (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…)
♫ They can’t put out my fire
I’ve got too much desire
I’m reaching for my goal.. ♫
Lyrics, music and recorded by Brian McKnight.
This is post of Beth Flynn’s Leadership Moments newsletter email from the Ohio State University Leadership Center. I thought these Ten Guidelines for Effective Goal Setting were particularly apt and have reposted it here (with permission):
- Effective goals are written.
- Effective goals are written in specific, measurable terms.
- Effective goals can be visualized.
- Effective goals are achievable.
- Effective goals have realistic deadlines.
- Effective goals are manageable.
- Effective goals are analyzed for their potential problems.
- Effective goals require action to eliminate or minimalize the consequences of potential problems.
- Effective goals include a regular review of progress.
- Effective goals yield rewards that are of value to you (Wilson & Dobson, 2008, p. 4-8).
From: Wilson, S. B. & Dobson, M.S.; 2008. Goal setting: how to create an action plan and achieve your goals. 2nd edition. New York: Amacom. Goal Setting 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/
Learn how the Ohio State University Leadership Center is strengthening tomorrow’s leaders today at http://leadershipcenter.osu.
To subscribe to the Leadership Moments list — send e-mail to: flynn.61@osu.edu
INSPIRE.LEAD.EMPOWER
Beth Flynn, M.S.
Leadership Consultant & Trainer
OSU Leadership Center
2120 Fyffe Road, Rm. 109
Columbus, OH 43210
614-292-1251 (phone)
614-292-9750 (fax)
flynn.61@osu.edu
http://leadershipcenter.osu.
The OSU Leadership Center…where we inspire others to take a leadership role that empowers the world.
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Hopefully these tips help you reach for your goals!
♫ 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…)