Small ideas on legal practice, research and technology

Limit the Time You Spend on a Task

When a meeting takes longer than anticipated, minds may start to wander. An inefficient meeting can cause participants to “switch off” and cease contributing meaningfully.  Similarly, starting a difficult task without a time limit can seem too large a mountain to
climb, and make it easy to procrastinate. One solution is to consciously set a time limit for a meeting or a task, and do it both verbally and visually.

A meeting would begin with an announcement to the participants, “We have 30 minutes to get through our theory of the case. Let’s make each minute count.” A visual cue …

Posted in: Practice

Search Strategy – Cast Your Net Wide

Good keyword searching practice varies from database to database, depending on how the data is structured and how the search engine works. But there are some principles that apply to most situations.

For legal research, whenever you have at least a basic understanding of the legal concepts involved, it is usually best to start out casting your net wide, and refine or expand as you go. The goal, for this strategy, is to create a search that will include ALL relevant documents and as few irrelevant ones as possible.

The following process involves an imagined scenario in which I am …

Posted in: Research & Writing

Do Your Most Important Work in the Morning (“avoiding Decision Fatigue”)

Mark Zuckerberg wears the same outfit every day. It may seem like a small thing, but even little decisions can eventually exhaust our ability to make good decisions. Decision fatigue, which is the theory that our ability to make good decisions deteriorates with each decision we make, applies no matter how small or large a decision. As the day goes on, we use up our decision-making fuel and make poorer decisions. If you’ve experienced at the end of a long day a breakdown in your willpower – getting easily frustrated and angry, or needing to go shopping, or eating a …

Posted in: Practice

Using a Canned Search to Find Definitions

A frequently asked question is “what does this word mean in a legal context?” In my last SLAW tip, I talked about using legislation to find definitions, in particular interpretation acts. However, legislation cannot define every term used, so if you can’t find your term in the legislation, you may want to check if it has been judicially defined. There are a number of books of words and phrases listing judicial definitions (and truly it is a wonder what has been defined), but, as with legislation, these books cannot be exhaustive.

If you can’t find your term in either …

Posted in: Research & Writing

Sweep the Sheds

I am adopting a very expansive view of “practice tips” this week given some things that have been on my mind as I recently took on two new staff.

As far as starting businesses go, starting a law practice or professional services firm is remarkably easy and safe relative to many other kinds of businesses. Doing it well is a much different matter. The skills required – project management, human resource management, leadership, and financial judgment, among others – are not taught in law school. Typically, legal education programs only touch upon them briefly and many lawyers hang up their …

Posted in: Practice

The Efficient to-Do List

Time is money. Three words which pretty much sum it up for us all.  Especially when your staff consists of your dog – then you quickly realize that passing the buck isn’t an option.  Instead, you must learn to sort through the multitude of tasks facing you each day and narrow down your focus to only the key revenue-generating activities, while letting the majority of the “noise” fade away and most of us accomplish this with a to-do list.

However, not all activities are of equal value. There is an economic principle called the 80/20 Rule, or Pareto Principle, that …

Posted in: Practice

Save Time: Start With Secondary Sources

Here’s a tip I always mention when I’m introducing students to the legal research process: you will save time if you start by consulting the leading secondary sources on your topic, rather than going straight to the legislation or case law.

Ludmila B. Herbst, Q.C., wrote the following about the importance of starting with secondary sources in her 2006 CLE BC course paper “Effective Legal Research”:

A vast array of material is available in which authors (both learned and not so learned) have assembled and synthesized the case law and statutory materials applicable to particular issues. Make use

Posted in: Research & Writing

Build the Team!

There’s a lot of teamwork that goes on in a law office. Sometimes it runs like a well oiled machine. Sometimes it just fizzes and pops!

So, for today’s tip, ask yourself what’s one thing you can do to take your team to the next level? Here are some ideas to get you started:

  1. Communicate – Great teams know how to communicate. They make space for each individual to express their ideas, not just the ones that are naturally expressive. They don’t shy away from differences of opinion, but rather use them as an opportunity for open discussion about continuous
Posted in: Practice