Small ideas on legal practice, research and technology

Do Something Different!

♫ So put me on a highway
And show me a sign
And take it to the limit one more time…♫

Lyrics and music: Don Henley, Randy Meisner, Glenn Lewis Frey, Donald Hugh Henley, recorded by The Eagles.  Thanks Glenn for all the great music.

 

(image by Wade M – CC BY-SA 2.0 licence)

This is a new year’s resolution of a different sort.  All of us resolve to get healthier, to live better lives and to do better this year than last.  How many of us resolve to keep our minds sharp and agile?  Here are some …

Posted in: Practice

That and Which

People have trouble with the correct use of that and which.

Writing in 1926, the grammarian H.W. Fowler said the rules are ‘an odd jumble, and plainly show that the language has not been neatly constructed by a master builder’.

Fowler advocated a fairly simple rule (and people who think about these things have largely followed it) – ‘although it would be idle to pretend that it is the practice either of most or of the best writers’ (Fowler again; if you don’t have his Modern English Usage you must buy it now).

That

  • use it where the information
…
Posted in: Research & Writing

Use a Screensaver to Protect Client Confidentiality

Legal professionals properly place high priority on securing our computer infrastructures to protect client confidentiality.

Our desktop screens, however, are often overlooked, as a source of potential security breaches.

Is your computer screen visible to visitors to your office? Are wandering eyes able to catch a glimpse of confidential information on your desktop?

There’s an easy solution to avoid inadvertent lapses in confidentiality that can happen when screens are exposed.

Use a screensaver to protect the data on your screen.

Whether it’s a built-in screensaver that ships with your operating system, or one of the numerous installables that is available …

Posted in: Practice

Make a Prospective Consolidation

When we’re working with an Act that has had significant amendments passed, but not yet brought into force, I’ll often make a prospective consolidation to help our lawyers advise their clients on forward-looking strategies. Having a prospective consolidation on hand makes work more efficient and it can also reveal new implications for the amendments. I’m going to walk you through how I do this myself and share some lessons I learned along the way.

The method I use, which is described below, makes use of a blackline tool. A blackline tool is an app that compares two similar documents and …

Posted in: Research & Writing

How to Keep Those New Year Resolutions!

♫  We made our resolution for our brand new year:
No more letting days go by…♫

Lyrics, music and recorded by The Limousines.

 

 

 

 

 

 

So many of us resolve to do things better in the New Year even if we don’t make formal New Year’s Resolutions.  Problem is that good intentions die hard.  How can you increase your chances for a positive change and outcome?  Here are a number of suggestions put forward to increase your chances for a real positive change:

  • Start Small: Rome wasn’t built in a day and changes take time.
…
Posted in: Practice

Take a Pass on the Passive

Does the subject of your sentence do something (She said that), or is something done to the subject (That was said by her)? The first is an active construction, the second a passive one.

The active voice is much more effective. It tends to be shorter and simpler, more natural and direct, more engaging.

Lawyers, who are often accused of being verbose and overly complicated, unnatural, indirect and anything but engaging, favour passive constructions.

Which is more forceful? I love you (active) or You are loved by me (passive)? We recommend the chocolate mousse (active) or …

Posted in: Research & Writing

Read the Regulatory Impact Analysis Statement

Since 1986 almost all federal Canadian regulations have included a Regulatory Impact Analysis Statement (RIAS) following the text of the regulation.

Why should you read the RIAS? Unlike acts, you will not find a discussion of new regulations in Hansard. The RIAS tells you what the rationale was for a given regulation and what it was expected to achieve. A RIAS is usually divided into five sections: issue and objectives; description and rationale; consultation; implementation, enforcement, and service standards; and contact information.

Another benefit of Regulatory Impact Analysis Statements is that they are written for a range of readers. …

Posted in: Research & Writing

Keep a “Happy Client Folder”

I’m sorry if this sounds like a cheesy idea, but it’s a good one nonetheless.

There will be inevitable slings and arrows in the life of any professional. Hopefully, the good days will outnumber the bad.

Some days,  you may need a positive reminder, though

Thankfully, there will always be clients who are good enough to let you know that they feel you’ve done a good job, that they are happy with the results you’ve achieved, and that they truly appreciate your hard work and good service.

For the last little while, I’ve been copying all those thank you emails …

Posted in: Practice

Apostrophe Catastrophes

In many ways we’d be better off without the apostrophe, judging by the frequency with which it’s incorrectly used, its functions misunderstood.

Here’s a handy guide.

Possessive

  • singular possessor: John’s book
  • singular possessor ending in S: James’s is preferable to James’, but both are OK; and the possessive form of many biblical and classical names traditionally leaves out the additional S (Jesus’, Claudius’)
  • plural possessors: the Singhs’ house is next to the Joneses’ house [not the Jones’ house – or, heaven forfend, the Jone’s – but the Jones house (non-possessive) would be fine (see ‘Is it
…
Posted in: Research & Writing

Some Good Advice

♫ Get a leg up
What’s the matter
Are you shy, shy, shy? ♫

Lyrics, music and recorded by: John Mellencamp.

In an article entitled: 5 Rules for When to Listen to Advice (And When Not To) in Inc. Magazine,  Matthew Swyers, the Founder of The Trademark Company

 stated (here I am just going to summarize) the rules as to determine if advice is worth anything:

  1. Context: Determine the weight to be given to advice from the context in which it is given.
  2. Unsolicited Advice: Determine why someone is giving you advice.
  3. Motivation: What is the person seeking
…
Posted in: Practice