Tagged ADR

ABCD’s of Litigation Prevention

No one, apart from litigation lawyers and patent trolls, likes litigation.  Or derives much happiness from it.  Then why do we offer ourselves to the public as litigation lawyers?  It is escape from litigation that our clients want, and these days we offer the escape only after costly proceedings and discovery.  What, then, if we started…

End the Trinity Western Law School Deadlock without Litigation

On June 10, rank and file members of the Law Society of British Columbia voted to require their elected Benchers to reverse course on Trinity Western University’s bid for a new faith-based law school.  According to s. 13 of the B.C. Legal Profession Act, the vote is not binding on Benchers, at least for a grace period of 12 months.  If the Benchers do not implement the resolution within 12 months, they face the prospect of a referendum to be conducted in accordance with poll rules identical to that of a Bencher election, under art. 1-37 of the Law Society Rules (p.…

Winning at a meeting

Clients hire lawyers to fight their battles, but ultimately they want you to show them the peace, and to take them there. Unfortunately, we teach our lawyers to be technical wizards but leave it to chance whether they learn the law’s most basic skill: how to mobilize a gathering of people.  In 2012, winning does not mean getting your way but persuading people in an organized assembly to do what you envision they should be doing. Whether it’s an internal law firm committee, or a hearing in the law courts, this month’s Canadian Lawyer column, The Accidental Mentor, talks about three questions you…