The infinitive of a verb is the form with ‘to’ in front of it. As in, to be or not to be.

A split infinitive is a verb in this form, but with something stuck between to and the main bit: to not be, by way of example.

People (OK, grammar nerds) have been getting their knickers in a twist about split infinitives for ages.

Writing back in 1926, H.W. Fowler divided the world into (1) those who neither know nor care about split infinitives, (2) those who don’t really know what they are, but think they’re bad, …

A law firm retreat is an opportunity to bring together those most invested in the future of the firm, to discuss just that… the future of the firm.

Yes, it’s true, some firms treat it as a perk, a mini-vacation if you will. But don’t let that cloud your assessment of the true potential of a retreat.

For law firms that take the time to do it right – pre-planning, professional facilitation and action planning – a retreat can be absolutely invaluable. The clarity and insight that comes out of that single meeting can drive the firm’s plan for the …

My tip follows up on Bronwyn’s recent tip about noting up case law. Noting up legislation allows you to see how courts have interpreted a specific piece of legislation; generally the court refers to a section or sections of an act or regulation rather than the entire thing.

The fact that legislation is constantly changing does add some challenges to the noting up process. When noting up legislation, keep the following things in mind:

• Legislation changes. Legislation is constantly being amended, and a section of an act may be dramatically different after an amendment. Check that the text of

In 2008, I attended a talk by the late (great) Eddie Greenspan, Q.C. at the Law Courts Inn. His topic was digital security, in particular public CCTV, email, and smartphones, especially those with recording devices. He despised all three. Public CCTV, because of the invasion of privacy by the state (I can get behind that to a certain extent). Email, because it meant he received so much more communication that it took ages for his assistant to print and for him to scrawl shorthand replies for her to type. Smartphones were especially problematic in his view. He suggested that a …

Said
I think you’ll agree that ‘said’ (as in ‘the said party’ when you’ve previously referred to that party) is a little fusty-sounding, and has no place in your jazzy client-focused blog post or article.

And even in contractual drafting, it sounds more than a little antiquated. Said is an unnecessary archaism: be done with it.

Same
More persistent is ‘same’. To use an example from a few weeks back (emphasis added):

A recent case from the ONSC clarifies the law on whether municipalities can regulate boathouses and whether the Building Code Act applies to same, finding that (i) …

Tsunami, blizzard, avalanche, flood, plague. There are many ways to describe the volume of emails that hit your Inbox every day. One aspect of the problem that is created by the flood is managing the clients’ expectations. Intellectually they might appreciate that you have more than one client and are busy but, intuitively, they expect a reply to their emails almost immediately. Here is one way to provide that reply and yet maintain the right to manage your own priorities in a meaningful way.

You know how to create a Signature in your email app – and it does not …

Today’s tip is to double check the way you are noting up decisions. Taking a few extra minutes to cross check your results will really strengthen your research!

When we’re noting up a decision, typically we want to know if a) the decision has been appealed (i.e. history), and b) if subsequent decisions have discussed it (i.e. citing references). The most effective way to do this is to enter the decision citation into the note up field on Westlaw or LexisNexis Quicklaw. There are two nuances to this process that I want to highlight to ensure you always get the …

Last week, in ‘How to Ask for Referrals – Part I,’ we heard from lawyers and accountants. This week, we will hear from consultants.

FROM THE CONSULTANTS:

Mark Federman, Ph.D
Federman – Reengagement Realized

Asking for a referral is, by definition, all about me. It’s something I want to benefit my business. A more effective ask would be to turn this around, and offer a benefit to the potential referrer first. Using your great probing and listening skills, determine what interests the other person. What problems do they have for which you might be able to offer a …

Commonly misused.

First, as a conjunction, which it isn’t:

The Outside Directors and Officers Liability policy held by the firm on your behalf is set to expire on July 30, 2015, however your assistance is required in advance.

Don’t do this. It’s a bad run-on sentence, and just replacing the second comma with a semi-colon doesn’t fix it.

Segue to second misuse: at the beginning of a sentence (or after a semi-colon):

 However, Gross Negligence or Wilful Misconduct does not include…

Perhaps not incorrect, but inelegant. Doesn’t that initial however somehow have a Valley Girl’s rising intonation to it? Not …

Today’s tip is simple and focused. How should lawyers ask for referrals?

I asked lawyers, accountants and consultants to share how they go about it. They shared their tips generously and, as you will see, everyone has a slightly different approach.

In Part 1, we will hear from lawyers and accountants.

This is what they told us.

FROM THE LAWYERS:

Mitchell Rose, Stancer, Gossin, Rose:

Getting to know your colleagues, both online and off, can not only lead to genuine friendships – but it can also help set the stage for referrals.

Even with lawyers that are in the …