eLaw - Practice Management Update  October 2014 - No. 49 ISSN 1916-3916 In This Issue Access to the Courts Essential to the Rule of Law: SCC Transforming the Practice of Law The Computers are Coming: Addressing Technological Change SCC Cases to Watch LinkedIn Literacy Recommended Reading Pitblado Lectures Continuing Professional Development: LSM Ethics and Professionalism Symposium: U of M Law Firm Leadership Conference Access to the Courts Essential to the Rule of Law: SCC A BC regulation imposing pricey court hearing fees infringed litigants' right to access to justice and was therefore unconstitutional according to a majority of the Supreme Court in Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2014 SCC 59.  The CBA BC president called the decision "a huge win for the public in the fight for access to justice."  For commentary on the decision see: Of the Vilardell Case and a Victory for BC's Middle Class - Slaw Access to Justice and the Rule of Law Principle: Trial Lawyers Association v British Columbia - The Court Chipping Away at the A2J Crisis: The SCC's Decision in Trial Lawyers - Stewart McKelvey Transforming the Practice of Law Permitting flexibility in business structures is one of the more controversial recommendations in the CBA's Futures Report, Transforming the Delivery of Legal Services, released August 14, 2014 and summarized in this Slaw post. Some commentators welcome innovation in the traditional regulatory model and argue that allowing alternative business structures would enhance access to justice (Bold move by CBA), but others warn that it would result in a monopoly market that will limit choice and value profit over clients' interests (PI bar warns of fallout if ABS comes). The Law Society of Upper Canada, which established a working group in 2012 to consider whether to permit ABS in Ontario, released a discussion paper on the issue on September 24, 2014 and has asked its members to weigh in on the debate. Here's one opinion. The Computers are Coming: Addressing Technological Change The CBA has updated its guidelines on Practising Ethically With Technology and its new report is a guide to navigating the intersection between lawyers' technology use and their ethical and professional obligations. Although Canadian codes of professional conduct don't explicitly address appropriate use of technology, ethical obligations in the codes require lawyers to consider this, according to the authors of the report. The report identifies five areas where lawyers most often face ethical risks - confidentiality (here's a cautionary tale), security, marketing, providing services electronically, and accessibility - and suggests resources law firms can use to determine best practices and solutions for these situations. And there are other good reasons for law firms to review how they use technology. At the simplest level, a technology audit can expose inefficiencies that drastically reduce billable hours. Clients are demanding more productivity and judges are urging lawyers to make greater use of technology in court. The CBA Futures Report says that "(i)n the coming years, technology will play both a disruptive role in challenging the status quo and a transformative role in assisting the legal industry into new forms of service delivery, knowledge development, communications, management and administration." Or, for a blunter perspective, the author of this Slaw post points to the bigger threat to law practices outlined in The Exponential Law Firm - that "the computers are coming" and we are crossing a digital threshold that will cause an industry wide disruption (the exponential threat) that will upend the way we practise law. It's not something most of us want to think about, but if we are already on the path to exponential change as the author argues, "maintaining a standard linear approach to managing firms will be our demise." SCC Cases to Watch The Supreme Court of Canada has granted leave to appeal in two cases which concern lawyers: one dealing with solicitor client privilege and the other with civil contempt, lawyers trust accounts and Mareva injunctions. The court will hear the appeal of Minister of National Revenue v Duncan Thompson, 2013 FCA 197 on December 4, 2014. It deals with whether a lawyer facing Income Tax Act enforcement proceedings can assert solicitor client privilege over his own accounting records. Intervenors in the case include the CBA, the FLSC, and the CLA. The factums of the MNR and the lawyer are posted on the SCC website. On December 10, 2014, the court will hear the appeal of Sabourin and Sun Group of Companies v. Laiken, 2013 ONCA 530 which, according to this blog post from The Court, "will have significant ramifications on how lawyers across the country handle trust funds and Mareva injunctions in the future." The case concerns a lawyer who was found in civil contempt for returning money to a client who was the subject of a Mareva injunction. The Supreme Court will consider whether contumacious intent is an essential element of civil contempt. See the SCC website for the factums. LinkedIn Literacy LinkedIn is reportedly the most widely-used social media site for lawyers, yet not everyone uses it effectively according to the author of the Slaw post, 5 LinkedIn Profile Mistakes Lawyers Make, who offers some simple fixes for typical misuses. Another great source of information for LinkedIn neophytes is the LinkedIn for Lawyers Collection, a compilation of the most popular posts on LinkedIn from Attorney at Work. And, lawyers rightly concerned about privacy issues on social media sites will want to review their LinkedIn privacy settings, as detailed in the blog post 5 LinkedIn privacy tips every lawyer should know. Recommended Reading When Lawyers Leave: Client Retention Strategies - this Slaw post highlights the need for law firms to make client retention an ongoing effort and suggests strategies for doing so. Marketing Begins at Home: Improving Internal Communications in Law Firms - effective law firm marketing requires knowledge and communication of the firm's capabilities says the author of this Slaw post, who suggests ways to improve internal communications. Conflicts for in-house counsel are unavoidable and complex - this Lexpert article examines how conflict of interest issues differ in the in-house counsel context and how recent case law on duty of loyalty and duty of confidentiality may apply. Conflicts Rules Leave Room for (Careful) Collegiality - this Slaw post discusses a recent Ontario decision in which the court recognized the importance of fostering informal mentorship by declining to disqualify a lawyer who had provided a general legal opinion over the phone to a junior colleague who later sought to have him disqualified due to a conflict of interest.    Independent but Engaged: Support Networks for Solos - this LawPro article suggests practical ways for solo practitioners to build support networks and avoid isolation.  Do You Have a Great Canadian Law Firm Brand?- this Slaw post discusses the importance of authentic brand differentiation and how to avoid the usual legal clichÈs in firm marketing efforts. Presentations on CASL - there's a lot of useful information on the CRTC's website on CASL compliance, including a link to the video and transcript from a recent presentation. Proposed class action against law firm not certified - this blog post references a recent Ontario case where the judge refused to certify a class action proceeding "challenging a law firm's contingency fee agreements because of the lack of common issues (and abundance of individual issues) present when analyzing multiple retainer agreements."  The 1-2 Punch to Fix What's Wrong with Email  - the author of this blog post argues that email has lost its sense of urgency and is no longer the best communication tool. She argues that combining telephone and email gets better results. Pitblado Lectures The 2014 Isaac Pitblado Lectures, Accessing Justice: Beyond Barriers, will take place November 28-29, 2014 at the Fort Garry Hotel. Presenters will examine how access to justice demands may affect legal education, professional practice, regulation, and ethics; and make the business case for law firms to participate in access initiatives. Register by October 17 for the early bird registration rate. Continuing Professional Development: LSM There are many upcoming programming options to choose from at the Law Society: Everyday Ethics Series - Register for multiple sessions in this 6 month series of lectures on ethics issues featuring Allan Fineblit, Q.C. and save money as you learn what you need to know to practise responsibly. The Approximately 11th Annual Accommodation in the Workplace - don't miss the 11th installment of this popular program co-presented by the MBA and the LSM on October 24, 2014. Presenters will review such recent developments in accommodation law as accommodating family status and choosing the right forum for complaints. Canadian Competitive Bidding Law - for Lawyers! - Presenter Robert Worthington will help you to understand the mysterious and evolving competitive bidding process and bring you up-to-date on new developments in this area. The October 30, 2014 full day program is sold out, but you can still register to attend the newly added October 29, 2014 program. Ethics and Professionalism Symposium: U of M The Faculty of Law at the University of Manitoba is hosting an Ethics and Professionalism Symposium on October 17, 2014, from 1:00 to 4:30 pm at the Inn at the Forks. Moderator Kris Dangerfield and panelists Edgar Schmidt, Roberta Campbell, James McLandress, and The Honourable Justice Murray Sinclair, will consider the thorny questions lawyers face when a client engages in conduct that is dishonest, fraudulent or illegal, and invite discussion on ways to identify and address these challenges. Law Firm Leadership Conference The CBA's 10th annual Law Firm Leadership Conference will be held October 19-21, 2014 in MontrÈal. The theme of the conference is Perspectives on Leadership, and it will feature sessions on firm failure; what makes resiliency so difficult in the legal profession; and how to foster leadership. For further details see the conference agenda.  You are receiving this email in accordance with the Law Society's mandate to uphold and protect the public interest in the delivery of legal services with competence, integrity and independence and to further your opportunities to ensure compliance with the mandatory continuing professional development requirements set out in Law Society Rule 2.81.1(8).