Accountants are trained in numbers. Architects are trained in design. And lawyers are trained in words.

As a lawyer, when you speak or write, you choose your words judiciously. Am I right?

Every.

Single.

Word.

Means.

Something.

Very.

Specific. 

That is all well and good when it comes to serving clients as a lawyer. Not as well or good when it comes to developing a marketing program (and, yes, I am intentionally taking creative license with my words here for effect).

Here’s the problem…

Lawyers can write. As a result, some think they can, and in fact should, …

It’s surprising that people routinely get things wrong here.

Alternative subjects
If there are two subjects to your sentence, separated by or, the verb should take the number of the subject that is closest to it: Mother or children are to die BUT Is the mother or the children to die? You could also rewrite the sentences to avoid the issue: Mother or children must die, Must mother or children die?

Collective nouns
Is it The committee is or The committee are? There are two schools of thought.

In the US, words like committee, firm and …

This is the fourth and final part of a series on questions you should ask about any electronic research source. Catch parts 1-3 of this series here, here and here.

4. How are the results ORDERED?

Don’t assume relevance ranking. Our databases, for example, always order the results in reverse chronology (newest to oldest). These days, many databases offer ranking options (usually in a drop-down menu). So if you are looking at a case law database, think about if you want your results by relevance, date, court level or number of cites. If there are a large number …

Multiple negatives
In grammar, the general rule is that you shouldn’t use two negatives. It’s incorrect to say I didn’t see no one, although people will know what you mean. The correct thing is, obviously, I didn’t see anyone.

Contractual drafters like to avoid double negatives because they give rise to ambiguity. The concern isn’t so much over a sentence like I didn’t see know no one, but with repeated use of not or other negatives in a long, complicated sentence where the net effect may be uncertain.

Not all languages are averse to the double negative. …

The easiest way to create a history of an act is to start with the most recent version of the legislation and work your way backwards. Going forward tends to be more complicated.

Depending on your jurisdiction and how far back you need to go, you may be able to do this entirely using electronic resources. Provincial historical legislation is now available on HeinOnline; check with your law society or library to see if you have access.

Let’s take the (now repealed) Bee Act, RSBC 1996, c 29 as an example. Using the Tables of Legislative Changes on …

Today’s tip is simply to share some basic reminders for making the most of your social media this coming year.

1. There is effort in social media. Pick one or two services/platforms/techs and schedule the time to actually work them.
2. Use all tech as intended. LinkedIn was created for business networking; twitter for little bits of you; Facebook for more personal connections.
3. Any social media postings will impact your digital image and credibility. Once you start – keep going; no fits and spurts for maximum SEO.
4. Fill in your profile. Use professional head shot – you want people to know, like

 And/or
The construction and/or is criticised by grammarians, prose stylists and many legal drafters (both contractual and statutory). There are good reasons for this.

H.W. Fowler called and/or an ‘ugly device’. It looks as though you couldn’t take the time to think things through and express yourself other than by way of a fairly crude (if expedient) short form. And/or also has an air of the commercial purchase order to it.

There are other reasons to avoid and/or, and they relate to the meaning (and ambiguity) of words.

Disjunctive and, conjunctive or
We usually think of and…

Personal tax rates have changed. The tax rate on income between $45,282 and $90,563 has dropped to 20.5 per cent from 22 per cent. Conversely, on income over $200,000, the rate has increased to 33 per cent from 29 percent.

TFSA contribution limits are lower. The TFSA contribution limit has dropped back to $5,500 in 2016 from $10,000 in 2015,  If you have not maxed out your contributions every year since TFSAs were introduced, you may have up to $46,500 in contribution room.

Donation credits have changed. For those earning over $200,000, there’s now a 33 per cent donation credit …

This is part 3 of a series on questions you should ask about any electronic research source. Did you miss parts 1 & 2? Find them here and here.

3. What is the Search SYNTAX?

Know your operators – every search is different. Until you know the basic commands for a site – AND, OR, Phrase, etc. – you should consult the “search tips” or “connectors” every time. Many sites include a link to their search tips, operators, connectors, or “search help.” Some, like Saskatchewan Cases, display the operators right on the search page. In CanLII, scroll over the …

In this second of nine posts inspired by Justice Carole Curtis’s Dealing with the Difficult Client, we discuss the vengeful client. The vengeful client often has an agenda that is unlikely to be satisfied by legal means. This kind of client has a myopic focus of what goals should be met, and has few qualms about what must be done to meet those goals. Whether it’s an injustice or a personal vendetta, the vengeful client is highly motivated. For example, a family member fighting over an estate may be driven by agendas far beyond the pale – did he …