: In almost every context, first impressions are key. I would argue that, for lawyers, communicating clear expectations during that first meeting is an essential skill. It is not a skill that comes easily. I have spoken about this topic with many lawyers over the years. There seems to be a clear divide between newly-called lawyers who have a tendency to make grand promises and seasoned lawyers who temper expectations. There is no “right” or “wrong” approach here. Everyone has to figure out their own style. My own style has been to keep expectations low…. very low. I conduct on average . . . [more] The post Managing Client Expectations appeared first on Slaw
: How many times have you asked someone , “ how are you?” Similarly, how many times have you been asked the same question? If we think about this, the question becomes very mundane and actually quite meaningless. “How are you?” has become a customary greeting, wherein we don’t expect to receive or give a response that is more than “I am okay. Recently, after being asked by a friend “how are you?” I realized in mid answer, that this person was not even listening to what I was saying. I am certain that many of you have found yourselves in . . . [more] The post The Wellness Lawyer: “How Are You?” appeared first on Slaw
: Every now and again, a mainstream occurrence helps inform the general public about the world of dispute resolution. Often through the world of sports. Mediation has resolved a hockey lockout . Arbitration has resolved salary disputes between player and team. This summer, we encountered another one. A trade that would return Kawhi Leonard to the Toronto Raptors has been delayed pending the outcome of an investigation surrounding an alleged salary cap circumvention. Fans frustrated by the delay have wondered why the ongoing investigation cannot be sped up. Some media have speculated that this was possible, though at the time of . . . [more] The post You Can’t Hurry Judge appeared first on Slaw
: Through my own journey with chronic pain, I am acutely aware of the impact language can have on your health. More specifically, I recognize the role catastrophizing plays in magnifying pain and that simple word substitutions can facilitate healing. It has also triggered a recognition that the language I use with clients may also negatively contribute to their anxiety. Catastrophizing involves exaggerating the severity of a situation and jumping to the worst possible conclusion. As noted in the recent Psychology Today article, “Catastrophizing”: Everyone has negative thoughts. But for many people, negative thinking can spin out of control and be . . . [more] The post The Dangers of Catastrophizing in Client Communications appeared first on Slaw
: The often-blurred lines, as among legal information publishing, legal information technology, legal research tools and beyond, certainly give the impression that the only serious moving and shaking is that which focuses on artificial intelligence, though perhaps almost exclusively at the top end of the legal practice market . It would be safe to suggest, however, that even if law publishing activity is not as we have known it in the past, reports of its death may have been somewhat exaggerated . In recent times, my attention has been grabbed by online soliciting from UK law publishers, among them, for example, . . . [more] The post Meanwhile, Law Publishing Life Goes On appeared first on Slaw
: In a previous article, I wrote about the benefits of simulations in jump-starting learning. In this article, I want to focus on one specific aspect of simulation: the use of simulated clients. Medicine has long used simulated patients to help students develop practical skills and bedside manner. The use of simulated clients to support law student learning is a more recent development. Through the pioneering work of Paul Maharg and others, simulated clients have become an important educational tool in legal education in Canada and around the world. Rather than discussing the history of simulated clients or the training they . . . [more] The post Beyond Role Playing: How Simulated Clients Enhance Learning appeared first on Slaw
: The growth of self-representation in all adjudicative settings may ultimately require a new approach to adjudication that is even more fundamental than a root and branch overhaul of procedure and practice. What legislators and courts may need to consider is the development of forums that are focused on and limited to adjudicating cases involving SRLs. Such courts would channel cases involving SRLs into a specific forum where court participants, including the adjudicator and court staff and any required wrap-around services, would exclusively plan for and engage with litigants who do not have legal representation. One such experiment has been underway . . . [more] The post Imagining a Possible Future: Self-Represented Litigant Courts appeared first on Slaw
: Over the past several years, artificial intelligence has moved steadily from the margins of organizational life toward the centre of ordinary operations. It now appears throughout the systems organizations rely upon and the work their people perform, frequently arriving without any deliberate decision to adopt it. For a growing number of organizations, the question is no longer whether artificial intelligence will appear in some form. It has already arrived, and that development carries real implications for boards of directors. I have spent a fair amount of my career in and around boardrooms, working on questions of corporate governance, non-profit governance, . . . [more] The post What the Minutes Show: Boards and the Governance of AI appeared first on Slaw
: Is the re-examination of past decisions sapping the justice system’s capacity to hear and decide legal disputes at first instance? Our system has numerous ways to reopen past decisions and let a new set of adjudicators and advocates root around for errors: review, reconsideration, and motions to set aside or reopen as well as appeal itself. These re-examinations constitute a necessary organ, which serves essential functions in the justice system: correcting legal errors, delineating and refining legal rules, making new common law, and ensuring that administrative decision-makers do not exceed their jurisdiction. And yet these procedures have arguably been allowed . . . [more] The post Appellate Hypertrophy in the Canadian Justice System appeared first on Slaw
: The Society for Children and Youth of BC (SCYBC) recently published a series of research papers on child capacity in the context of children’s participation rights [Note 1]. The papers examine capacity generally and in four specific contexts: health care, mental health, family law, and child welfare and adoption. Why does this matter? Traditionally, we have tended to assume that a child must first demonstrate sufficient “capacity” before being permitted to meaningfully participate in decisions affecting their life. And capacity has often been assessed primarily through the lens of cognitive ability. The SCYBC reports challenge both assumptions. I found them . . . [more] The post Busting Myths About Children’s Capacity to Meaningfully Participate appeared first on Slaw
: The troika of artificial intelligence, pricing, and talent transience has been with us for some time now. As a result, traditional pyramid-structured law firms grappling with these bet-the-business juggernauts are at an inflection point. I propose a flatter way forward. I have been writing and talking about this issue for many years, most recently as part of my ‘The Law Firm’ series: Pyramid Rollover , Private Equity Puzzle , Disappearing Act , Foundational Rebuild , and now this one, Inflection Point. My argument throughout this series is that traditional law firm pyramid structures will not hold against AI, pricing, and . . . [more] The post The Law Firm Inflection Point appeared first on Slaw
: In my previous column on the Alberta Regulated Professions Neutrality Act , [1] I focused on subtle details of the Act and the important implications of those details for how the Act worked and what it did. [2] In this column, I focus instead on the major flaw of the Act, which flaw is glaringly obvious but seems to have received relatively little attention and prompted relatively little pushback outside the legislative assembly. [3] Nothing in this column is revolutionary or imaginative or even particularly original. But it is worth emphasizing nonetheless. While the Act has implications for many regulated . . . [more] The post Again, Why? the Big Picture of the Alberta Regulated Professions Neutrality Act appeared first on Slaw