The Limited Scope of the Bright Line Rule: SCC

In Canadian National Railway Co. v. McKercher LLP, 2013 SCC 39, the Supreme Court found that a Saskatchewan law firm breached the bright line rule for conflicts of interest when it accepted a retainer to act for a plaintiff in a class action against CN, a current client of the firm on unrelated matters. The rule applies, said the court, "only where the immediate interests of clients are directly adverse in the matters on which the lawyer is acting." It does not apply, however, "in circumstances where it is unreasonable for a client to expect that a law firm will not act against it in unrelated matters." (para. 41) The court went on to discuss the remedy of disqualification, which it said may be required "(1) to avoid the risk of improper use of confidential information; (2) to avoid the risk of impaired representation; and/or (3) to maintain the repute of the administration of justice." These articles discuss the implications of the decision for Canadian law firms, courts and law societies:  

• Bright Line Rule Remains the Standard for Canadian Conflicts on Interest Law and The Meaning of Wallace - a summary of its key holdings, Slaw

• Summary of the decision in Canadian National Railway Co. v. McKercher LLP, BLG

• The bright line rule: the SCC reconsiders its approach to conflicts of interest, Canadian Appeals Monitor.

CASL

If your law firm sends out commercial email messages to clients or prospective clients you will need to review the soon to be in force anti-spam legislation and regulations (CRTC and draft Industry Canada). Other useful information on the new legislation can be found on the fightspam website and in the CRTC interpretation and toggling guidelines. Dentons has posted a CASL Spam Overview on its data governance blog which is a handy, one-page roadmap through the scenarios contemplated under CASL.  

Changes at CanLII

CanLII launched its new search interface September 17, 2013, delivering "improved functionality" and giving "users greater control over search options and results" according to the announcement. Feedback on the new site can be found in the Slaw post New CanLII and on the CanLII User Forum.

Free Legal Resources

Adding to the wealth of free legal information online, the Law Society of Upper Canada has recently made available for searching and free download all of its course materials older than 18 months. The Access CLE collection includes over 6,000 articles sorted into 14 areas of law, some of which have national scope or discuss practice management topics (see, for example, the 60 page article on Paperless Offices or the 55 page one on Essential Legal Technologies, both written for the 6th annual Solo and Small Firm Conference, held June 2011). It is also possible to preview the entire text of articles dated within the last 18 months, which are available for purchase.

Finessing Google

Simple searches may work for simple questions, but if you use Google to look for more nuanced, professional information you need to know how to manipulate it. That means learning how to better frame your search terms and how to use Google's advanced search screen. The Canadian Lawyer article, How I learned to get what I really need from Google, walks you through the steps to complete an advanced search and illustrates how taking a few extra minutes at the outset can hone your results and save you time and aggravation. The same author has published articles on Advanced searching in Google Books and Advanced searching in Google Scholar, a search engine for scholarly papers.

Simple Wisdom

Avoid a Claim, LAWPro's law practice management and claim prevention blog, often offers pithy advice on client relations that may seem obvious but usually isn't. A recent article, List of habits that annoy clients most, is a good example. Using information gleaned from complaints' histories and client surveys, the author identifies seven things lawyers do that annoy their clients most. Similar advice can be found in the Attorney at Work blog post Five Roadblocks That Can Repel a Good Client.

Summary Report on Access to Justice

The CBA's Access to Justice Committee published its summary report on overcoming barriers to equal justice in August. Reaching equal justice: an invitation to envision and act addresses why fundamental change is necessary and identifies strategies to reinvent the delivery of legal services. Although the full report has yet to be published (it will be released this fall), critics are not hesitating to weigh in.

App Update

Keeping up with the latest smartphone technology and apps for lawyers is like aiming for a moving target....you're never quite there, but with the help of a technology-literate lawyer's field notes you can get close. Here are some recent Canadian Lawyer articles to help you stay current: Blackberry apps for lawyers and iPhone apps for lawyers.

Fall CPD: LSM

The Law Society is offering several practice management related programs this fall.

Jonathan Robinson, a psychotherapist and author, will deliver two all day workshops:

• Triple Your Memory and Confidence, And Halve Your Stress - learn the skills you need to work efficiently and reduce stress in this fast paced workshop on October 3, 2013.

• Outstanding Client Service: 10 Keys to Win Cases, Create Client Satisfaction and Get Referrals - exceptional client service is relevant to all areas of practice. Learn how to build trust with clients, other lawyers and the judiciary and how to negotiate effectively at this all day experiential workshop on October 4, 2013. Register for both programs and save.

Legal technology expert and lawyer Barron Henley is back with three new sessions:  

• Legal Technology & Practice Management: What's Coming and the Best of What's Out There Now, on October 23, 2013, will cover cloud computing, e-mail management, technology management and planning and malpractice avoidance strategies. Register by September 27, 2013 to take advantage of the early bird rate.

• Legal Drafting with Microsoft Word - Fundamental & Advanced Sessions, on October 24, 2013, will be delivered in two sessions dealing with the fundamentals and advanced techniques of drafting with Word. To save money register for both sessions and don't miss the September 27, 2013 early bird deadline.   

Employee Engagement and Accountability: Build a High Performance Culture - the first session in our new series on leadership skills, this program will be held November 14, 2013, from 9:00 a.m. to 3:00 p.m. in the Law Society classroom. Register by October 3, 2013 to get the early bird rate. Discounts are also available to those who register for more than one program in the series.  

Law Firm Leadership Conference

The CBA's Ninth Annual Law Firm Leadership Conference will be held November 4-5, 2013 in Halifax, Nova Scotia. The theme of the conference is The New Economics: Sustainability in Changing Times. Speakers will address such issues as the future of law, inclusive leadership, and sustainable partner compensation systems.

Pitblado Lectures

The 2013 Isaac Pitblado Lectures, titled Human Rights Challenges and Achievements, will take place November 22-23, 2013, at the Fort Garry Hotel. Presenters will cover a variety of topical human rights issues including equality jurisprudence, the future of human rights tribunals and commissions, and how international human rights law impacts Manitoba practice. Register before October 11, 2013 to take advantage of the early bird discount.