advice you can use — short and to the point — every Tuesday, Wednesday & Thursday

technology  practice  research

All Our Tips

  • Technology

Does your firm or organization have shortened office hours over the summer? Or perhaps you’re taking some time off over the next couple months and therefore closing up your office for a week or two. Either way, you want to make sure potential clients aren’t showing up at your office but finding it unexpectedly closed.

If your office hours will be deviating from the norm this summer, make sure you load those exceptions into your Google My Business profile so that they automatically appear in your maps and search listing.

To do so, log into your Google My Business account and click on your business listing. Then click the “Info” tab on the left-hand side menu. Below the hours section, you’ll see a spot for “Add special hours” – click on that.

Now you can add your closures, and rest assured that your Google business listing will be working even when you’re not.

Happy summer holidays!

 

  • Practice

“Lawyer Norm Keith is 58 and laughs hard when asked about his readiness for retirement.”  There is an old adage that most good lawyers live well work hard and die poor”, he says referencing the quote from American Lawyer and statesman, Daniel Webster.  “Many probably for appearances sake, or life enjoyment or because they are not thinking or planning ahead.”  (Canadian Lawyer Mag, June 1st 2015)

As a lawyer who owns or works for a small or large firm, or in the capacity as a sole practitioner, you need to be prepared to take responsibility for your financial future. Most firms don’t offer group retirement plans and even when they do, would not properly address what would be required to replace lifestyle expenses at retirement or earlier.  Embrace the fact in most cases, You Are Your Retirement Plan.

Begin with the end in mind. Waiting too long to think about retirement means, working because you have to, not because you want to.  Put a plan in motion that will allow you to put your assets to work for you, so that at some point you can decide to stop working altogether. Keep in mind, planning to retire can occur only when there are sufficient assets or capital available to replace  your current lifestyle.

THREATS THAT CAN DERAIL YOUR RETIREMENT PLANS

  1.  Loss of employment. The word on Bay street is that big firms are pushing partners out, in some cases in their late 40’s and 50’s in order to thin the ranks and make room for less expensive, younger lawyers.
  2. Divorce. Imagine you’ve been on track with a retirement plan and then it blows up because suddenly half of your assets are gone.
  3. Income declining or stagnant. Due to the reduced profitability of firms
  4. Market Conditions. Investment returns on portfolios have generally been lower since 2008
  5. Illness. A disability or critical illness can mean your tapping into assets sooner than planned  in order to maintain lifestyle until you recover

(Source  for point 1-4,  Canadian Lawyer Mag, June 2015)

—Jackie Porter (@askjackieporter)

 

  • Research & Writing

Would you like to stay informed about Canadian legal news?  It is essential for members of the legal profession to stay current with new developments in the legal field.  However, this can be challenging. The multitude of blogs, websites, and information resources available online can make the task of staying up-to-date seem overwhelming.

Are you familiar with the Canadian Law Blogs List available at LawBlogs.ca?  The Canadian Law Blogs List describes itself as “open directory of Canadian blogging lawyers, law librarians, marketers, IT professionals and paralegals in Canada.”  It was launched in 2005 by Steve Matthews, founder and CEO of Stem Legal.

The Canadian Law Blogs List makes it easier to stay well-informed of developments in law.  It is a single online location that collects and categorizes authoritative legal blogs.  The blogs included in the directory are reviewed for authority, credibility, and currency.  The Canadian Law Blogs List can be browsed by legal practice area, category, and jurisdiction.  Readers can subscribe by RSS feed or email.

The Canadian Law Blog List homepage features recent posts from the blogs included in the directory.  I encourage you to check it out.

[This tip by Alan Kilpatrick originally appeared on the Law Society of Saskatchewan Library’s Legal Sourcery Blog]

 

  • Practice

It’s June, already! It’s been a long winter. Yet, somehow it feels like summer has crept up on us.

For some law firms, that can mean the beginning of a slower period. A chance for some well-earned, rest and relaxation.

Not to be a downer about it, but that also happens to be a good time to do some planning for your firm.

Whatever has been on your mind for the fall – a new website, marketing plans for the associates, a succession plan for a retiring partner or even a retreat – it will be easier to get started if you take the time to consider the strategy before you’re faced with a deadline on top of your usual client work.

So, this week’s tip is to use your downtime well. Make a list of all the practice building projects you’ve been meaning to get to. Prioritize the list. Then focus on just your top priority items. Get at least some of the preliminary considerations underway by reviewing relevant information or data, setting up internal meetings and also consulting with outside advisors to get a better understanding of what might be involved. You will be setting yourself up to have the time and space for some of that critical, big picture thinking and also to make decisions about the time and resources needed, the sequence of events and even possible collaborators.

Once that’s done, pat yourself on the back for getting ahead of the curve and enjoy the rest of your summer!

For more reading on business and marketing plans, see these past articles on SlawTips:

Also, see the following articles by Sandra Bekhor at Toronto Marketing Blog:

– Sandra Bekhor, Toronto

 

  • Research & Writing

Did your studies in French get you as far as the subjunctive mood and all its weird variations (que je sois, que je fusse, que j’eusse été)?

Things are a little less complicated in English, but still not straightforward. This partly because the English subjunctive, while falling out of use (since the eighteenth century), isn’t dead yet – and was never consistently applied when more alive.

To refresh your memory, the subjunctive is the form of a verb that is used for an action or state that is conceived (but not actual), hypothetical or prospective; or for expressing a wish or command.

You may use the subjunctive without realising it:

  • Go away!
  • Convention be damned!
  • Come what may
  • Come the revolution …
  • Be that as it may
  • Far be it from me
  • If I were you
  • I wish I were there
  • Would that it were true

There are times when you may need to think about it, though.

Not every if or though calls for the subjunctive.  If I were you does, because I am not (and cannot) be you; but it’s If she eats [not eat] strawberries, she breaks out in hives because that’s a statement of fact.

The use (or non-use) of the subjunctive can change meaning. I insist that the contract is signed and I insist that the contract be signed mean different things: the first asserts that the contract has, in fact, been executed; the second, the strong desire that it should be signed. Fowler’s examples in Modern English Usage are more subtle: Though all care is exercised … (= in spite of the fact that care is exercised) as opposed to Though all care be exercised … (= even on the supposition that care has been exercised …).

There are also times when we could do without the subjunctive. It sounds antiquated beyond belief to say If it be no bother … or If I be incorrect about this …

The Economist recently took that view in the following headlines, which it decided would look ‘stilted’ (even if classically correct) with a subjunctive: If Donald Trump was president [no longer a hypothetical, that one], If the ocean was transparent. This prompted many letters from dismayed, subjunctive-loving readers: see ‘Would That It Were So Simple: The Strange Tale of the Subjunctive in English’ (Economist, 13 August 2016).

And then there is what is sometimes called the ‘American subjunctive’ (and the Yanks do seem to get into the subjunctive mood more than the Brits):

  • It is moved that X be appointed secretary
  • I suggested that he see a doctor
  • We demanded that the other side disclose the contents of the file
  • The associate insisted that she be admitted to the partnership

The meeting-minutes subjunctive is well-established, but in other constructions think about adding should (I suggested he should see a doctor) or using some other, less strained construction (We asked the other side to disclose; I insist that the other party is [or should be] present; The associate insisted on being admitted).

Next time: redundancy

–Neil Guthrie (@guthrieneil)

 

  • Research & Writing

Periodically the question arises: how does one determine which English acts are still in force in Canada?

The short answer is that there is no comprehensive list of what English statutes are still in force in Canadian jurisdictions. In J.E. Cote, “The reception of English law“, (1977) 15 Alberta Law Review, 29-92, the author lists a number of statutes and the provinces in which they were still in force in 1964. This list is based in part on Appendix C (pages 1060-1064) of W.H.P. Clement, The law of the Canadian constitution, 3d ed. (Toronto: Carswell, 1916) which listed a number of British statutes “the operation of which in the Colonies has been in question in the Courts”. However, Cote’s list was not exhaustive, and some of the acts have subsequently been repealed.

Some English statutes in force in Ontario were published in volume 3 of the Revised Statutes of Ontario 1897. This volume lists imperial constitutional acts, imperial statutes in Ontario ex proprio vigore, and a table of ”imperial statutes in force in Canada ex proprio vigore” as of 1901.

The Revised Statutes of British Columbia 1911, vol. IV contains a collection of English statutes, but “does not purport to be an exhaustive collection of English Acts that may be applicable in the Province of British Columbia.”

The British Columbia Courthouse Library’s “English Acts Applicable in BC” states that:

“The Law & Equity Act, R.S.B.C. 1996 chapter 253, sections 1 to 3, currently states that with the exception of section 28 of the Offences Against the Person Act, 1828 and all sections of the Real Property Act, 1845, the Civil and Criminal Laws of England as they existed on November 19, 1858 and insofar as they are not from local circumstances inapplicable, are in force in British Columbia, subject to change by BC law.”

If you are trying to determine if a specific statute is still in force for a given province, it is worthwhile checking the publications of that province’s law commission. For example, the Law Reform Commission of Saskatchewan’s Report on Disposal of English Statute Law in Saskatchewan (May 2006) lists English statutes that are still in force in Saskatchewan; this is the most extensive list produced by any of the provinces.

The status of a given statute may also be referred to in the case law, for example in McKenzie v. McKenzie, (1970) 11 D.L.R. (3d) 302, 73 W.W.R. 206 (BCCA)  it was concluded that the Poor Relief Act, 1601, 43 Eliz., c. 2, as amended by the Poor Law Amendment Act, 1834 (U.K.), c. 76 was not a part of the laws of British Columbia. It is worth using the international volume of Carswell’s Canadian Statute Citations (or equivalent) to see if the English statute you are interested in has been considered in Canada.

— Susannah Tredwell

 

  • Technology

Some days, it feels like text messages are the new email. Texting is rapidly becoming just as common as email for business uses (and may well have surpassed email for personal uses), but are you as careful with preserving your texts as you are with your email?

Maybe you use text messaging for business purposes and want to make sure your messages can be retrieved if they are inadvertently deleted or if your phone is lost. Or maybe you find yourself needing to locate a message but unable to remember whether it was in a text or an email… and would rather not spend hours searching through both inboxes. (Or maybe, like me, you need to delete some old texts because there are so many that your texting app has become sluggish.)

Whatever the scenario, if you use texting with any regularity, you’ll probably be interested to know about an Android app called SMS Backup+.

SMS Backup+ automatically backs up your text messages into Gmail, which is extremely useful because not only are they preserved and safe, they are searchable. This app will back up SMS, MMS, and call logs into your Gmail and Google Calendar with a separate label. And as a bonus, you can also use it to restore messages to your phone.

Once downloaded, the app is very easy to get up and running. If you have a lot of texts to back up, it may take a while for them all to copy over, but that will just run in the background until it’s complete. Once installed and set to auto backup, your texts will be backed up and available in your Gmail account within moments of sending or receiving.

 

  • Research & Writing

This is the grammatical term for the distinction between the singular and the plural.

Unsurprisingly, a singular noun takes a singular verb (takes being an example of that), while plural nouns take plural verbs (that was another example, in case you missed it).

Where there are two subjects in the sentence, the verb is generally plural (Diligence and enthusiasm are desirable in an articling student).

It’s easy to lose the plot, however, when the two components of a compound  subject are separated by a lot of intervening material.

A case in point is a clause a lawyer recently asked me about. Which wording is correct?

  1. The division of this Agreement into articles and sections and the use of headings is for convenience of reference only and does not modify or affect the interpretation or construction of this Agreement or any of its provisions.
  1. The division of this Agreement into articles and sections and the use of headings are for convenience of reference only and do not modify or affect the interpretation or construction of this Agreement or any of its provisions.

It has to be version 2, because the subject of the sentence is  The division … and the use – so the verbs should be are and do.

This is the general rule, but there are times when the two elements of a compound subject are inextricable, and therefore demand a singular verb: Scotch and soda is her favourite drink; gin and tonic is mine.  Or where they could be said to constitute a single concept: Violence and killing is against moral law (the subject of the sentence being, in effect, violent killing: Fowler’s example from Modern English Usage).

On that rationale, the boilerplate provision about consideration could be the receipt and sufficiency of which is hereby acknowledged — but one also sees are hereby acknowledged.

Don’t stretch things too far with compound subjects, though.

And where it’s X or Y rather than X and Y, the verb will accord with the nearest element (in this case, Y): Either the company or its directing minds are liable BUT Either the directing minds or the company is liable.

 Another common pitfall is the one in [larger number] formulation, which often ends up in error. It isn’t One in ten doctors smoke but One in ten doctors smokes. (The subject of that sentence is One (singular) not doctors (plural).)

Next: the subjunctive

–Neil Guthrie (@guthrieneil)

 

  • Technology

Need an image for a poster, website, or social media post but don’t have a budget for stock or custom photography? Check out Unsplash, where thousands of photographers have generously made their photos available completely free for commercial or noncommercial purposes.

Simply type a keyword into the search bar and you’ll be presented with tons of photos that have been tagged with terms that match or are related to your search. The search function is pretty basic, but I’ve always been able to find what I need by getting creative with alternative search terms.

The site is very straightforward – you’ll see from this FAQ that using Unsplash is not complicated. Once you’ve downloaded an image, it’s yours to do whatever you like with it. There is no requirement to credit the photographer or the site, though it’s encouraged, and Unsplash has made it easy to do so with the “give credit” button that appears on every photo.

Do you have other favourite sites for high-quality, free photos? Please share in the comments.

 

  • Practice

Mindsets are simply deeply held beliefs, and in the words of author and professor Dr. Carol Dweck “we can always change our minds”.

Dweck discovered that people generally hold one of two mindsets, a fixed mindset or a growth mindset. And these mindsets have a strong influence on how we approach challenge.

With a fixed mindset, people believe their basic qualities, like their intelligence or talent, are simply fixed traits. They spend their time documenting their intelligence or talent instead of developing them.

Dweck says that with a fixed mindset every situation is evaluated: Will I succeed or fail? Will I look smart or dumb? Will I be accepted or rejected? Will I feel like a winner or a loser?

With a growth mindset, people believe that their most basic abilities are things that can be cultivated through effort.  With a growth mindset we evaluate our progress based on how we did today compared with our own past performance.  Growth mindset encourages us to take on challenges and contributes to our resilience overall.

To develop your growth mindset try this:

  1. Notice: When do you find yourself comparing yourself to others?
  2. Think again: When you catch yourself making this comparison take a moment to pause, and think again.
     
    From a growth mindset consider your own goals, priorities and standards and compare yourself to these. How are you measuring up? What action could you take to improve?
  3. Test: Start small.  Identify an example of fixed mindset thinking and test out a growth mindset approach.
     
    One lawyer I know, Susan, loved cooking but thought she was no good at baking and never would be.  She decided to try out a growth mindset by taking on some baking.  She started with a simple bread recipe and kept going from there.  What she discovered was that her baking kept improving and she really enjoyed it.  With fixed mindset she had decided she was a hopeless baker.  With growth mindset she realised she was becoming a good baker.  Now she is applying this mindset shift to other parts of her life.

Where can you make the shift from fixed to growth?

— Allison Wolf (@thelawyercoach)