Podcast Series Five Tech Law Cases Everyone Should Know

Law firm McCarthy Tétrault LLP has created a podcast series called Five Tech Law Cases Everyone Should Know:

"Hosted by Connor Bildfell, Five Tech Law Cases Everyone Should Know takes a closer look at five groundbreaking court cases that have shaped Canadian tech law. From de-indexing websites, to internet defamation, to data breach class actions, these cases cover a wide range of tech law issues. Throughout the podcast, leading practitioners offer their insights and experience to help you understand how these cases have been applied on the ground level."

The cases are:

• Google v. Equustek: do Canadian courts have the power to make injunctive orders with worldwide effects across the internet?
• Jones v. Tsige: a case about the tort of intrusion upon seclusion in the digital era
• SOCAN v. CAIP: can internet intermediaries be held liable for copyright infringement by users?
• Crookes v. Newton: can sharing a hyperlink to defamatory third-party content triggers liability under Canadian defamation law?
• Setoguchi v. Uber:  can a data breach, without any actual loss, trigger liability via a privacy class action?

Canadian Bar Association Podcast Episode on What Generative AI Means for the Legal Profession

The most recent episode of Modern Law, a Canadian Bar Association podcast hosted by Yves Faguy, features a conversation with Jordan Furlong about what generative AI means for the profession.

Jordan Furlong is an analyst and forecaster for the legal sector, focused on the most important trends shaping the provision of legal services and the formation and regulation of lawyers.

Geek in Review Podcast Interview on the Impact of CaseText’s CoCounsel on Law and Technology

The most recent episode of the Geek in Review Podcast co-hosted by Greg Lambert and Marlene Gebauer is available.

Lambert is a former president of the American Association of Law Libraries.

The podcast features a discussion with legal technology experts ⁠Pablo Arredondo⁠, ⁠Evan Shenkman⁠, and ⁠Darth Vaughn⁠:

"They discuss their proactive approach to incorporating AI technology, specifically ⁠CaseText’s CoCounsel⁠, into their legal practice and business operations."

"Pablo shares, 'I think the law is such a fascinating space for this kind of AI because it really brings together two things that are really deep in the human experience, which is language and rules.' The guests discuss their experiences in using CoCounsel and its features, such as the ChatGPT feature, which enables them to draft and review documents more efficiently. Evan emphasizes, 'The tools are there, and the more that we can sort of get folks up to speed on this stuff, and really help them understand how to use the tools, the better we’re all going to be'." (...)

"The discussion also touches on access to justice issues and how tools like CoCounsel can potentially help bridge the justice gap. By being intentional in utilizing AI technology to assist in pro bono cases, they believe it is possible to make a significant impact on improving access to legal services for those in need."

 

Geek in Review Podcast Interview with Johannes Scholtes on AI and the Legal Industry

The most recent episode of the Geek in Review Podcast by US law librarian Greg Lambert is available.

Lambert is a former president of the American Association of Law Libraries.

The podcast features a discussion with Johannes Scholtes, Chief Data Scientist for IPRO – ZyLAB, and Professor of Text Mining at Maastricht University in The Netherlands:

"While the AI tools like GPT and other generative AI tools have finally begun to be true language tools, there is still a lot that these tools simply cannot do. Scholtes says that there is plenty of legal work to be done, and in fact perhaps more work now that the computers can do most of the heavy lifting and allow the lawyers to do the thinking and strategy."

"Scholtes compares the relationship between the lawyer and the technology to be that of a pilot and co-pilot. A relationship in which the co-pilot cannot be completely trusted but can be trained to assist through the process of vertical training. This means that a law firm needs to work with the AI to have it better understand how to process legal information. Having the technology alongside the lawyers provides a stronger legal representation than just the lawyers or the technology alone. In addition to reducing risk and improving outcomes, Scholtes also projects that Lawyer + AI means higher rates and better profitability, while the clients receive better results."

"It is exciting to be at the beginning of this change in the way law is practiced. It is important, however, that law firms, lawyers, and legal professionals understand how to teach and control the technology, and that there needs to be transparency in how the tools work and make decisions. His recommendation is that if all you are offered is and AI Black Box, then you should simply walk away. That lack of trust will come back to bite you."

Law Society of Ontario Resource Centre for Legal Tech

The Law Society of Ontario has created a Technology Resource Centre to help Ontario lawyers and paralegals understand technologies for their practice, security and data protection, cybersecurity, cloud computing, and working remotely.

There are sections on:

• Practice resources and supports (technology topics)
• Training and tutorials
• Continuing professional development programs offered by the Law Society

Article on the Death of the Intranet and How to Make It Relevant

The UK website Legal Geek has published an article entitled The intranet is dead!? Long live in the intranet!?

"The Covid pandemic threw into sharp focus how firms communicate with their employees and we started to embrace informal communication platforms such as Microsoft Teams, Slack and Yammer in earnest in our quest to remain connected through the enforced separations of the lockdowns. With this development in communication channels, businesses have been given the opportunity to reflect on whether they really need their more formal, stuffier intranets. Keeping your intranet fresh and well-maintained takes resource so it might be tempting to wonder whether you could leave the intranet throne empty ... and live without it. Especially where there is a time-consuming and potentially expensive move to a cloud-based system on the horizon for many firms. This piece sets out some questions to ponder if you are grappling with this conundrum."

It is written by  Jenni Tellyn, a consultant in the areas of knowledge management and legal tech strategy.

HBR Consulting Report on Law Firm Library Priorities for 2022 and Beyond

The Chicago-based firm HBR Consulting has just published a white paper on Law Firm Library Priorities for 2022 and Beyond: Enhancing Client Service Delivery and Firm Operations Support.

The document is based on US experience but the conclusions can probably also serve in the Canadian context:

"The abrupt shift to a virtual environment over the past two years made law firm leaders acutely aware of the valuable role that library/information service departments play in their firms. When COVID-19 lockdowns forced us into remote working conditions, law librarians quickly shifted into 24/7 providers of legal research services and access, which quite literally kept the firm working."

"While 2020 was a year in which legal information professionals reacted to change, 2021 was a year in which they began to rethink those changes to evaluate which shifts were temporary and which ones are likely to be permanent. We believe 2022 will be the time to capitalize on the gains made and further the level and reach of service provision."

"HBR’s 2021 whitepaper 'Are you Maximizing the Value of Your Firm’s Library? Three Law Firm Library Areas to Prioritize' laid out three recommendations for maximizing a law firm library’s value, strategically positioning both the department and the firm for the future. Those priorities included cost management, talent and service delivery, and client-centric focus. One year later, our recommendations build on those priorities, evolving to reflect the changing market conditions and offer new considerations for maximizing value in the year ahead."

What Do You Call a Law Firm Library?

The HBR legal consulting group website published an article last week on the age old question What’s in a Name? The Future of Law Firm Library Departments:

"Those shelves full of legal tomes are largely relics of the past, replaced by online legal research tools, and rather than simply tracking down court opinions or an obscure law review article, law firm library professionals are expected to assist lawyers with far more." 

"The law firm library department’s functional evolution has been accompanied by the introduction of new nomenclature describing who we are and what we do. Are we still the Library? Or are we Information Services? Or maybe Knowledge Management? Or some amalgamation of all the above? Moreover, where do we fit inside the firm’s administrative org chart?"

It is a good overview of the discussions about the vocabulary used to describe legal research/information departments and the roles they fulfill.

List of Fastcase 50 Legal Innovators for 2021

Fastcase, an American-based provider of electronic versions of U.S. primary law (cases, statutes, regulations, court rules, and constitutions), has unveiled its list of Fastcase 50 winners for the year 2021:

"Created in 2011, each year the Fastcase 50 award honors a diverse group of lawyers, legal technologists, policymakers, judges, law librarians, bar association executives, and people from all walks of life. In many cases, honorees are well known, but in many others, the award recognizes people who have made important, but unheralded contributions."

" 'The past year has presented challenges that provided opportunities to advance the law, and even accelerated some innovations into the mainstream,' said Fastcase CEO Ed Walters. 'We celebrate the diligence, discipline, passion, and creativity of these Fastcase 50 honorees. We are as proud as ever to spotlight the eleventh class of the Fastcase 50, highlighting now 550 people who have inspired our profession, since our first class in 2011'."

There are a number of law librarians in the list. 

In 2020, Kim Nayyer, current President of the Canadian Association of Law Libraries, was named to the list.

Michael Mills, one of the Fastcase 50 in 2012, wrote in 2015 on LinkedIn about how the winners of the previous 5 years had begun to form an ecosystem of innovation:

“They champion transparency—in lawyer/client relations, in government data, policy, and practice, in judicial proceedings, and in legal education. They advocate for access—to the law itself, and to justice. They build structures, systems, and tools for access, quality, economy, and efficiency.”

“They also collaborate. A tour of the five classes found time and again 50’s who are working together across organizations and projects, who influence and inspire one another.” [my emphasis]

Using his company as an example, Mills writes that “from any one person among the Fastcase 250, there are lines linking in many directions to many others.”

That has only become truer with time.

Canadian Bar Association Truth and Reconciliation Toolkit for Law Firms

The Canadian Bar Association has launched a  Truth and Reconciliation Toolkit to help law firms become more inclusive for Indigenous lawyers and employees and Indigenous perspectives on the law.

The toolkit has sections on:

• Leadership and Governance
• Learning, Celebrating and Supporting Indigenous Communities
• Talent Management and Students
• Law and Legal Traditions

Ryerson University School of Law Survey on Impact of COVID-19

The website Slaw.ca had an article the other day about The Impact of COVID-19 on Legal Services in Ontario.

It refers to a survey being conducted by researchers at the Lincoln Alexander School of Law at Ryerson University in Toronto on the impact of the pandemic on the legal community:

"The purpose of the study is to assess the impact of the COVID-19 pandemic on access to legal services and in particular, how the changing circumstance affected civil law firms, including their key performance indicators, revenue, costs, billing structures, and general impact on firm growth. By understanding the effect of the pandemic on the legal profession, we hope to generate insights that can help inform initiatives designed to improve access to legal services. The study is funded by the Law Foundation of Ontario."

The survey runs until May 31, 2021.

Five Questions with Dominique Garingan, Library Manager, Parlee McLaws LLP

The Canadian Association of Law Libraries (CALL) has been running a series of member profiles called Five Questions With...

The most recent interview is with Dominique Garingan, Library Manager at Parlee McLaws LLP in Calgary:

"How has being involved in CALL helped you professionally?
I have been a member of CALL since March of 2019. This is not a long time, compared to many other members. To me, CALL has been an amazing community of legal information professionals that covers almost all current and emerging aspects of the profession. To this day, I find myself reveling at the work of CALL’s various committees and special interest groups."

"During my first year, the CALL Mentorship Program was a wonderful opportunity to get to know a long-serving and recognized member of CALL and discuss many facets of the profession. This was a lovely experience. Being a part of the Canadian Law Library Review Editorial Board has provided an avenue for me to keep abreast with current and emerging issues and dialogues in the legal information profession. Working with members of the CALL Vendor Liaison Committee has helped me learn more about legal technology and gain confidence in terms of communicating and engaging with legal publishers and vendors."

"Although I have only been to one in-person conference, the CALL Annual Conferences are a wonderful place to meet fellow peers and immerse one’s self in riveting seminars and learning opportunities. I do find my professional life meaningfully enriched by CALL and hope to continue being a member for years to come."

How Three Toronto Law Firms Adapted to the COVID-19 Lockdown

 Precedent Magazine published an article last week on how three Toronto law firms quickly learned how to adapt to the lockdown caused by the COVID-19 pandemic:

"In the tech industry, the informal motto is 'move fast and break things.' In law, the equivalent axiom might as well be 'move slow and don’t touch anything.' The core tenets of our legal system are nearly 1,000 years old, and the norms and practices of the profession are similarly ancient. So what happens when an industry rooted in precedent — both legal and institutional — faces an unprecedented crisis?"

"We now have an answer to that question. In March, the COVID-19 pandemic turned the legal world upside down, shuttering offices, closing courthouses and making face-to-face client meetings impossible. What follows is the story of how three firms — an established personal-injury outfit, a brand-new workplace and alternative-dispute resolution practice, and one of the most storied litigation boutiques in the country — adapted to the biggest period of upheaval in a generation."

Canadian Association of Law Libraries VP Kim Nayyer Named to Fastcase 50

Kim Nayyer, Vice-President of the Canadian Association of Law Libraries, has been named to the 2020 list of Fastcase 50 legal innovators. 

Kim is currently the Edward Cornell Law Librarian and Associate Dean for Library Services, Cornell Law in the state of New York.

“Created in 2011, each year the Fastcase 50 award honors a diverse group of lawyers, legal technologists, policymakers, judges, law librarians, bar association executives, and people from all walks of life. In many cases, honorees are well known, but in many others, the award recognizes people who have made important, but unheralded contributions.”

“ 'Every part of the legal market is changing right now – from law school through every part of the practice,' said Fastcase CEO Ed Walters. 'That change can be daunting or discouraging to many people. And that’s one reason that our team enjoys celebrating the accomplishments of the Fastcase 50. These are people who inspire us by their intelligence, creativity, and leadership. We hope they will inspire others as well, especially during a time of great change for the profession'. ”

Here is what Fastcase published about her:

Fastcase is an American-based provider of electronic versions of U.S. primary law (cases, statutes, regulations, court rules, and constitutions).

Simon Fodden, the founder of Slaw.ca, Canada's preeminent online legal magazine, was recognized as one of the Fastcase 50 in 2014.

Michael Mills, one of the Fastcase 50 in 2012, wrote in 2015 on LinkedIn about how the winners of the previous 5 years had begun to form an ecosystem of innovation:

“They champion transparency—in lawyer/client relations, in government data, policy, and practice, in judicial proceedings, and in legal education. They advocate for access—to the law itself, and to justice. They build structures, systems, and tools for access, quality, economy, and efficiency.”

“They also collaborate. A tour of the five classes found time and again 50’s who are working together across organizations and projects, who influence and inspire one another.” [my emphasis]

Using his company as an example, Mills writes that “from any one person among the Fastcase 250, there are lines linking in many directions to many others.”

That has only become truer with time.

White Paper on Dramatic Changes to Law Firm Management Due to COVID-19

 A recent Association of Legal Administrators poll shows that many law firms see the radical changes in management and operations brought about by the COVID-19 pandemic as more than temporary.

Among the findings:

• Working from home will be permanent
• Changes to back-office support structures will accelerate
• COVID-19 has made legal staff more willing to change their working practices
• Visibility of workflow and task delegation is a significant challenge
• Returning to work requires separate plans for each office
• IT services will continue to be heavily utilized

Private US Law Firm Library Summit on Coping With COVID

Recently, the Private Law Librarians and Information Professionals group (PLLIP) held a one-day Summit. 

As part of the event, PLLIP which is a section of the American Association of Law Libraries organized a panel of law firm information professionals’ responses to the COVID-19 pandemic:

"The six questions tackled by the panel covered a range of territory–how  quickly staff members pivoted to remote working, along with an examination of firm policies for WFH [i.e. work from home]; identifying changes in attorney request/response tools prior to and after the conversion to remote work; the difficulties and challenges of migrating from print to electronic formats, which segued into identifying specific tasks no longer deployed; and the impact of the stressful changes on staff."

Great Library at the Law Society of Ontario - Re-opening and Recovery Resources for Law Firms

The Great Library at the Law Society of Ontario has shared a series of resources to help law firms plan their reopening:

"These guides and checklists cover practical return to work considerations from physical distancing and PPE to employee accommodations and communications. As well, we’ve included links to a few recent articles that provide some food for thought on the potential redesign of law firm offices and legal practices in a post-pandemic world."

Legal Updates About COVID-19 Pandemic from Law Firm McCarthy Tetrault

Canadian law firm McCarthy Tetrault has been producing updates about the legal implications of the COVID-19 pandemic.

The material covers insurance losses, tax measures, the impact on contractual obligations, federal and provincial emergency powers, cyber issues, cancellations in the court system, and more.

Five Questions with Iain Sinclair, Knowledge Manager, Stewart McKelvey

The Canadian Association of Law Libraries (CALL) has been running a series of member profiles called Five Questions With... 

The most recent interview is with Iain Sinclair, Knowledge Manager with the law firm Stewart McKelvey in Saint John, New Brunswick:

"How has being involved in CALL helped you professionally (e.g. scholarships & grants, continuing education, networking)?
As a solo librarian and the only private law firm librarian in New Brunswick, I was very fortunate to have Cyndi Murphy as a colleague and mentor from our Halifax office. She had ensured that the firm’s job description for my position included funding for membership in CALL and attendance at the annual CALL conferences. My first CALL conference was the site of the 2020 conference - Hamilton - and I met people there who I am still in touch with today, both on a professional and personal level. CALL has been vital in allowing me to develop a contact network of fellow legal information professionals. This network has allowed me to achieve a performance standard at my work that would not otherwise have been possible. In addition to the personal contacts I have made through CALL, attendance and participation at the annual conference has greatly contributed to my professional development. Volunteering for a variety of positions with CALL over the years, including various special interest groups, committees, and the CALL executive, has also contributed enormously to my understanding, appreciation and enjoyment of our profession."

Canadian Bar Association - Alberta Branch Publishes Inclusive Workplace Toolkit

The Alberta Branch of the Canadian Bar Association (CBA) has published an Inclusive Workplace Toolkit:

"This toolkit is designed to support lawyers in every practice setting in cultivating an inclusive workplace culture. We have included a variety of resources to take some of the legwork out of addressing specific issues that you may be facing in your practice now, or choosing to proactively address. The CBA does not endorse any of these resources – we solicited recommendations, reviewed offerings, and included resources that respond to areas of need identified in our survey of the profession."

"The Policies, Procedures, and Exit Interview template included present a model option from a relevant authority. These were prepared with a variety of practice settings in mind, but may require some adaptation..."

Table of contents:

• Experts in Building an Inclusive Workplace Culture
• Model Policy
• Supports from Alberta Lawyers’ Assistance Society
• Sample Investigation Protocol
• Meaningful Exit and Stay Interviews