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2008 Canadian Law Blog Awards Winner

2007 Canadian Law Blog Awards Winner

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    Archive for the ‘Trends’ Category
    Energizers and Sappers…
    Thursday, July 22nd, 2010

    ♫ Taking all of my energy, energy, energy
    Taking all of my energy…♫

    Lyrics and Music by: Louis Biancaniello, Rico Love, Sam Watters, Wayne Wilkins; recorded by: Keri Hilson.

    Energizer Bunny

    Energizer Bunny

    This guest post is courtesy of Beth Flynn of the Ohio State University Leadership Center and is one of her “Leadership Moments” emails. The OSU Leadership Center is inspiring others to take a leadership role that empowers the world.

    In theory, every person on your team is a source of energy for your organization. But in reality, some team members create energy while others sap or destroy energy. If you know your team well, you already know which team members are sappers and which ones are the energizers.

    High-energy performers test the limits and spur themselves and others on to even greater results. These are the people who will push you up and add energy to your reservoir. They spark others to perform. It’s fun to watch them in action. A team full of energized people is typically easy to motivate but challenging to manage because their high energy level requires constant direction and focus. (more…)

    Posted in Firm Governance, Leadership and Strategic Planning, Trends, personal focus and renewal | Permalink | No Comments »
    Can One be Too Frugal?
    Tuesday, July 13th, 2010

    ♬ Your a mean one, Mr. Grinch
    You really are a heel
    Your as cuddly as a cactus
    Your as charming as an eel, Mr. Grinch…♬

    Lyrics by Theodor “Dr. Seuss” Geisel, music by Albert Hague, performed by Thurl Ravenscroft.

    Mr. Grinch by Dr. Seuss

    Mr. Grinch by Dr. Seuss

    Anyone who runs a business knows that it is profitable only if you have funds left over after paying all the bills. This enforces a common-sense mentality in ensuring that your costs don’t get out of control. However, in some offices the principle of saving money is taken to such an extreme that their frugality is actually costing them money. Here are some examples (drawn from the collective experiences of my fellow Practice Management Advisors and myself): (more…)

    Posted in Budgeting, Issues facing Law Firms, Law Firm Strategy, Technology, Tips, Trends, humour, personal focus and renewal | Permalink | No Comments »
    HST Resources
    Friday, July 2nd, 2010

    ♫ Can’t pay tax
    Won’t pay tax..♫

    Lyrics, music and recorded by Chaos UK.

    HST Flowchart

    HST Flowchart

    Well the HST on legal services is now a reality in BC and in Ontario.

    The CRA’s  publication:

    Ontario and British Columbia:  Transition to the Harmonized Sales Tax – Services has the displayed flowchart in Appendix A – Transitional rules for services.

    A PDF version of this diagram can be downloaded here: HST Flowchart PDF

    This flowchart helps clarify the issue as to when HST or GST (and PST for those in BC) applies to legal services. The publication is: http://www.cra-arc.gc.ca/E/pub/gi/gi-056/gi-056-e.html (more…)

    Posted in Change Management, Firm Governance, Issues facing Law Firms, Tips, Trends | Permalink | No Comments »
    WHAT’S HOT AND WHAT’S NOT IN THE LEGAL PROFESSION
    Saturday, June 26th, 2010

    ♫ Stand by your belief and have faith in this sound
    You know that you can always turn it around
    Feel the rhythm and its healing remedy
    Listen to the sweet melody
    Feel the rhythm and its healing remedy
    RISE TO THE CHALLENGE! ♫

    Songwriters: Miah Camacho, Aulakh,; Anirudda Das, Sanjav Tailor, Savale Rajput, Steve Chandra; Ahmed, Joh Pandit; recorded by: Asian Dub Foundation.

    Bob Denney

    Bob Denney

    Once again it is time for Bob Denny of Robert Denney Associates, Inc. [bob@robertdenney.com] to report on What’s Hot and What’s Not in the Legal Profession. With Bob’s kind permission, we are reproducing his latest report here:

    In our 2009 year-end report, we said 2010 “will be a year of continued challenge and change.” It is proving to be so although the challenges may be greater than the changes. We cannot cover all the developments in this Update. These are the ones we believe are the most significant – or interesting.

    PRACTICE AREAS

    Hot

    • Health Care. Of course, involving many areas: regulatory, transactional, employment, et all.
    • Bankruptcy. Still. Pre-packaged bankruptcies are raising the temperature even more.
    • Trusts & Estates. The temporary lifting of the “death tax” is raising the temperature here too.
    • Regulatory. In many industries, not just health care, banking and finance.
    • Commercial Litigation. Particularly “bet the company” cases, patents and labor.
    • Employment Law. That’s why major L&E firms are opening new offices.
    • Emerging Companies. It is surprising but the number of former big company executives starting new businesses hit a four-year high in 2009 and continues to increase. (more…)
    Posted in Business Development, Issues facing Law Firms, Law Firm Strategy, Leadership and Strategic Planning, Trends | Permalink | 2 Comments »
    Succession Planning: “The Next Generation”
    Sunday, June 20th, 2010

    ♫ I know his journey ends never.
    His Star Trek will go on forever…♫

    Music by: Alexander Courage, lyrics by: Gene Roddenberry.

    Starship

    Sooner or later, every firm must deal with the issue of succession planning. Given that the ‘boomers’ are all nearing retirement age, this is a looming – and lurking – issue for most firms.

    This issue can arise in several ways. One major way this issue comes to the forefront is the lease for the office is coming up for renewal. At that time the partners who really don’t wish to keep practising for another 5 years refuse to sign onto the lease. This throws the partnership into a crises and most likely leads to the firm going ‘supernova’ – the firm explodes and a group of partners leave (usually the ones with the biggest book of business) and the remaining ones are left to try to pick up the pieces (or most often, simply close the doors and turn off the lights on their way out).

    More subtle ways of this occurring happens as major keystone partners start to leave – one by one – until what is left is a shell of the former firm. This is death by a thousand cuts as the major income earning assets of the firm depart leaving only the liabilities of the old firm in the hands of those remaining. (more…)

    Posted in Change Management, Firm Governance, Issues facing Law Firms, Law Firm Strategy, Leadership and Strategic Planning, Trends | Permalink | No Comments »
    Best of Techshow 2010
    Friday, May 28th, 2010

    ♬You’re my latest, tell you you’re my greatest
    My latest, my greatest inspiration
    You inspire me, inspire me…♬

    Lyrics and music by: Kenneth Gamble and Leon Huff, recorded by: Teddy Pendergrass.

    2010 Techshow logo

    2010 Techshow logo

    This column was written for the Trial Lawyers Association of British Columbia’s magazine “The Verdict” immediately after ABA TECHSHOW in March. That edition of The Verdict has just hit the streets (print publication lags being what they are…) so here is the column on ABA TECHSHOW 2010:

    Well the three days of the 2010 edition of the American Bar Association’s TECHSHOW wrapped up on March 27. This leading legal technology conference had three major themes this year.

    Theme One: The Cloud

    Ethics, security and privacy concerns aside, the cloud has arrived. Whether it is using SaaS applications (software as a service) or law firms building virtual deal rooms using SharePoint, working on the cloud is now a reality for virtually all law firms. (more…)

    Posted in Change Management, Issues facing Law Firms, Law Firm Strategy, Make it Work!, Technology, Tips, Trends | Permalink | No Comments »
    Pen Envy?
    Wednesday, May 19th, 2010

    ♬ This boy has got it made
    Media exposure
    It will make him all the rage
    But he’s not playing
    He’s not playing
    He’s just having
    Adventures in modern recording…♬

    Music and lyrics by: Simon Darlow, Trevor Horn, Bruce Woolley, recorded by The Buggles.

    This column starts a new category theme in this blog: “Tips”. This tip comes from British Columbia lawyer Richard Fowler.

    On Slaw.ca there have been posts on recording in the courts. Most recently, Mr. Justice Richard Granger posted on Technology and Court Reporting. Mr. Justice Granger stated:

    Unfortunately, court reporting in Ontario has not kept pace with the emerging technology which is available in the market place today and which could greatly assist judges in having a command of the vive voce testimony during the trial and when preparing their reasons for judgment.

    As Mr. Granger notes in his post, such real-time reporting is not inexpensive. For most trials, but particularly for criminal ones with legal aid and court budgets under so much pressure, the cost of such a system is simply prohibitive for counsel to bring into the court. Accordingly, there must be a better way! (more…)

    Posted in Make it Work!, Technology, Tips, Trends | Permalink | 2 Comments »
    Huge Canadian Mortgage Fraud…
    Wednesday, May 5th, 2010

    ♬ Everything is not what it seems
    When you can get what you want by the simplest of means
    Be careful not to mess with the balance of things
    Because everything is not what it seems…♬

    Lyrics and music by: John R. Adair, Ryan David Elder, Bradley Jay Hamilton, Stephen R. Hampton, recorded by: Selena Gomez.

    CBC News on May 4, 2010 in an on-line article entitled: “Bank of Montreal alleges huge mortgage fraud” reported on a potential $30 million mortage/real estate fraud in Alberta.

    The article is disturbing, as the size of the fraud and the number of people involved is not small: there are apparently 14 inter-connected groups involved:

    Toronto forensic accountant Al Rosen said he has never seen anything like it.

    “This is massive in the sense that it is so broad and so deep,” Rosen said Tuesday. “This is [allegedly] a huge fraud. I can’t think of any situation that has so many people involved and over a period of time like this one.”

    The people involved ranged from ‘straw buyers’ who fronted the purchase of the properties for inflated prices based on fake, inflated wage and net income documents, to lawyers, to bank employees and ‘masterminds’.
    (more…)

    Posted in Fraud and theft, Issues facing Law Firms, Trends | Permalink | No Comments »
    PROCEED WITH CAUTION!
    Thursday, April 22nd, 2010

    ♬ With bits of memories scattered here and there
    I look around and don’t know where to start…♬

    Lyrics and Music by: Alan Bergman, Marilyn Bergman, Johnny Mandel.

    My good friend Robert (Bob) Denney has just issued his April 2010 Legal Communique: Addressing Challenges and Making Changes Requires a Thoughtful Approach.

    Aside from the use of the word “thoughtful” (which I always appreciate!) the advice that he has packed into his Communique is top notch and timed for firms coming out of the current economic malaise. With his permission, here is Bob’s latest advice:

    “Now that the economy is in the process of recovering, forward-thinking law firms are shifting from survival tactics to strategic planning as they begin to address, not only the challenges they face, but also the changes they may have to make. However, as discussed in our February Communique, the list can be long and there are few, if any, precedents for addressing many of the issues. (more…)

    Posted in Change Management, Firm Governance, Issues facing Law Firms, Law Firm Strategy, Leadership and Strategic Planning, Trends | Permalink | 2 Comments »
    The Battle Over Web 2.0 Has Started
    Friday, April 9th, 2010

    ♫ When the walls come crumblin’ crumblin’
    When the walls come tumblin’ tumblin’ down…♫

    Lyrics and Music by: George Green, J. Cougar Mellencamp

    As of March 4, 2010 (the day of originally writing this column for the Canadian Bar Association) the Canadian legal competitive battlefield changed. Dynamic LawyersTM, led by Michael Carabash, B.A., LL.B., J.D., M.B.A., Founder/President, formally launched their website: www.dynamiclawyers.com.

    Have a look – Carabash, a Toronto business lawyer, is one of a growing list of new entrants into the area of online legal services. What makes his web services a bit different is the use of online video guides that aid purchasers to complete the legal forms that he has made available. He also has a blog and an “online legal health checkup”.

    Dynamic LawyersTM joins other online legal service providers such as LegalZoom that are seeking to tap the “do it yourself” legal consumer market. (more…)

    Posted in Business Development, Issues facing Law Firms, Law Firm Strategy, Technology, Trends | Permalink | 2 Comments »