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Features
In June, the Supreme Court of Canada issued its judgment in <i>Society of Composers, Authors and Music Publishers of Canada v. Canadian Association of Internet Providers</i>. This landmark ruling, colloquially known as the Tariff 22 decision, read together with the SCC's decision in <i>Galerie d'Art du Petit-Champlain v. Theberge</i> and <i>CCH Canadian Ltd. v. Law Society of Upper Canada</i>, clarifies the current state of Canadian copyright law as it relates to activities occurring over the Internet. In particular, the decision describes the potential liability of Internet service providers (ISPs) in the context of Copyright Act.
Features
For many people, going online is the first step in buying anything. <br>Yet, some firms refuse to sell online. Sound odd ' behind the times? On its face, perhaps, but sound business reasons explain such "backward" behavior ' and they're the same reasons why many brick-and-mortar businesses choose not to accept phone or mail orders.
Features
Large and medium size law firms have embraced client surveys as an effective marketing tool for gathering valuable information from clients and the marketplace for almost 25 years. However, they still continue to pay lip service to client relationships but don't incorporate this data into their strategic growth plans for their organization.
Anyone familiar with this column, or my rantings in a variety of other locations, knows that I'm not a huge fan of the billable hour. I think it drives a certain kind of "wrong think" about the value of working smart vs. working long. Law firm management folks also tend to use the billable hour as the one "uber number" to drive all other considerations ' including marketing ' aside. Like they say, when your only tool is a hammer, everything starts to look like a nail. <br>What surprises me even further about the billable hour, though, is how little its use is exploited as a marketing and business tool.
When it comes to litigation and media relations, the reactions can run as extreme as day and night. One litigator wants the whole world to know her involvement with a lawsuit and be quoted in every single article written on it, while another litigator is unsure about how and when to use media relations and takes the safe approach by avoiding it altogether. Neither are satisfied with the results: the media-hungry litigator had too few reporters call her for interviews, and the media-hesitant litigator wonders why neither him nor his Firm are mentioned in any news reports on his case. <br>In both instances, a media-relations plan specifically focused on pending litigation could have provided a happier medium for both.
Four initiatives equally important to the landscape of growth and profitability have for the most part remained separate programs within the scope of law firm planning. These initiatives have been the subject of scrutiny within the legal profession while being included as the criteria and methodology on many lists including The American Lawyer's "A" List. Diversity, pro bono, recruiting and marketing comprise the newly minted platinum, gold, silver and bronze best practices standard for today's law firms. Add to the mix client service and relations and you have the makings of growth and profitability. In this article I will introduce you to an aligned architecture where diversity, pro bono, recruiting and marketing create the "perfect" law firm.
Features
This month, we are presenting a special insert focusing on leadership in law marketing. I was privileged to once again have Wisnik Career Enterprises work with me on "The Best of Law Firm Leaders in Marketing." I am also thrilled to have David Freeman, who sits on our Board of Editors, authoring an article on his take on leadership.
Concern has arisen among corporate counsel that despite their best efforts at development and monitoring of electronic document retention programs, sanctions ranging from fines or adverse jury presumptions to default judgments may be imposed if electronic information is not handled correctly. Consider, for example, that a company recently was sanctioned $2.75 million after 11 key employees failed to comply with a "freeze" and lost electronic information as their computer files were overwritten for several months. <br>Recent proposals to amend the Federal Rules of Civil Procedure to account for electronic documents and to provide a "safe harbor" limitation on sanctions could provide some relief.
Features
While the number of workers choosing to become independent contractors is growing, companies who hire them may face a hidden downside to this trend ' lengthy IRS or state audits, heavy fines, and discrimination lawsuits ' all due to employer misclassification of "1099 workers."
Features
Part One of this article, in last month's issue, discussed the attorney-client privilege in general and how the Rules of Evidence and Civil Procedure impact the privilege.