I have a love of history. I’m the kid who spent hours at the Smithsonian on the family vacation, the one who enjoyed the class trip to Fort York and who still can spend hours circling a museum, reading every last plaque while the rest of the tour group heads to the nearest restaurant. The experience of being there, of listening and not just of seeing, is key.

I’m learning to embrace our world filled with technological advancements and digital media. I still like to read the Saturday newspaper, delivered to my door, over a cup of coffee, yet have a variety of news websites marked as ‘favourites’. As I embraced this new medium, I came across an article that made me wonder what the future of my travel plans, often geared to visit historically significant locations, will look like. It seems that Google has taken to making history available at our fingertips, without ever leaving home.

In an effort to demonstrate an understanding of the world beyond the corporate buzz, Google helped digitize the Dead Sea Scrolls, making them available for world wide viewing via the internet.   The Google Cultural Institute plans to digitize a variety of culturally significant things in an effort to make them available the world over. I can see the significant benefits to such efforts, particularly from an education front.  Yet I wonder, is it possible that this will be our new ‘History’?

As my grandparents have passed away, I have kept a few items which belonged to them as they mean something special to me. I have my great-grandmother’s everyday dish set, a dress my grandfather, a tailor, made me, an amber necklace my grandmother bought on her one and only trek back to her ‘home-land’ and a crumpled two dollar bill my grandfather gave me when they were still in circulation. It wouldn’t be the same to see at them on my ipad. 

Will my children see the Hall of Mirrors on video? or hike Machu-Pichu on their xbox? Will any of my grandchildren want a necklace of mine, or just a well digitized photo of it? They say the world is getting smaller, yet if our history is being replaced with intangibles, will we still make the effort to preserve the tangibles and not live worlds apart?

Until Tomorrow,

Nadia M. Harasymowycz - Click here for more information on Nadia Harasymowycz. 

We invite you to visit our Media Centre via our website www.hullandhull.com, where you can follow us on multiple social networking sites such as Twitter, Facebook and LinkedIn, to help keep you up to date with our latest blogs, podcasts, news and events. While visiting our Media Centre you will also have the option to subscribe to our RSS feed for blogs and podcasts, as well as be given the opportunity to download our material on iTunes or follow us on our YouTube channel.

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If you have any questions at all, please contact our Social Media Coordinator, Amy Cochren, at acochren@hullandhull.com.

Thanks!

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

Judging from a recent study, it would seem that this might be doubly so for Canadian lawyers. In this article about Digital Life, the world's largest study into consumers' digital behaviours and attitudes ever conducted, the following observations were made about Canadians’ online activities:

• Canada lags in digital engagement.
• Canadians aren't much for blogging.
• Canadians are average picture-sharers.
• Canadians do less social networking, more email.
• Canadians spend less time on social networking sites on their mobile devices.
• Canadians will be slower to transition social networking on mobile phones.
• With an average of 150 friends in our social networks, Canadians are not as "friendly" as consumers in some other countries. 

If the President of the United States can win an election based in part on social media strategy, then even the most sceptical of lawyers cannot deny there just might be something to it.   Barack Obama has so many friends on facebook and contacts on LinkedIn that even I am a 3^rd level connection.     

We have also seen this week much texting and tweeting from the courtroom during the sentencing hearing of Russell Williams. Justice Robert Scott agreed to allow the media to use electronic devices for the purpose of taking notes but said any use of laptops, handheld communications or recording devices must be done an a way that was not obtrusive to the court process.

Social media is a pretty big wave. It is changing our behaviour and it is here to stay. Whether you are a Canadian, a lawyer, or both, you might as well just hang on and enjoy the ride!

Sharon Davis - Click here for more information on Sharon Davis.

 Diane Vieira

Australian trust law is unsurprisingly advanced, being a fully English-speaking (sort of, anyway) Common Law jurisdiction.  The great former British colony and global trading port of Hong Kong boasts a highly-developed trust law framework based on the Common Law.   This legal system has been wisely preserved by the PRC, and is in the process of a major overhaul.  Mainland China itself has recognized the utility of trusts and passed its first trust statute.  Another former British colony, Singapore, sports a highly-developed trust law with a judiciary that pragmatically relies on Common Law developments from all jurisdictions to keep with the times.  Japan is characteristically inscrutable, but apparently recently revised its trust legislation.

Of course, it is probably incorrect to equate the mere presence of a legal structure with its widespread use.  Nevertheless, trust law is spreading, at least superficially, faster than zebra mussels.

The second thought in my mind was that a 14-hour flight, followed by 5 days of jet-lagged, dazed "vacation" on 12-hour time change, followed by a return flight just as jet lag from the away flight has worn off, followed by more jet lag from a 12-hour reverse, is not something that will be repeated any time soon.

Thanks,

Chris

Diane Vieira

Other Canadian legal podcasts include Osler Audio Reports offered by Osler, Hoskin, & Harcourt LLP that discuss a variety of business legal issues. The Canadian Bar Association provides PracticeLink Podcasts offering practice management information to its members. Law is Cool is both a blog and podcast produced by and for Canadian law students. (Podcast Episode No. 8 features an interview with Ian Hull).

Law schools are also providing a tremendous amount of information through the podcasting medium. The University of Ottawa’s Law and Technology Program was one of the first educational institutions to utilize podcasting and make classes available via podcasts. Through podcasts, many American law schools are making special lectures available to the public. Harvard Law School’s Program on Negotiation produces PONcasts offering advice on negotiation skills.

On a slightly different note, BBC Radio 4’s Law in Action is a half hour weekly podcast from the UK that discusses legal issues in the news.  

These are just a few of the legal podcast choices out there. Whether it is for education or entertainment purposes, there is a lot of information out there.  

Have a nice day,

Diane Vieira

The ability to work from home through gotomypc is, I think, my favourite.  For the uninitiated, the program allows for users to access their network over the internet, so that what you see on your home PC is the screen you would see at work.  By providing the mechanism to catch up at home, it takes away the need for brutal hours in the office.  In my case, it means I can go home at a sensible hour, spend time with the family, then finish off some tasks once the kids are in bed.

It also allows for a break in the day, since my brain tends to start to get tired around 4:30pm, or so and after a few hours of offtime I can think clearer anyway.

Combining the gotomypc facility with saving file documents on a network by scanning them means that, for me at least, working at home has become more efficient than at the office.  It also allows for access to a file from offsite, whether in Court, a day-long mediation or somewhere else.

All of this, to my mind at least, allows lawyers (and others) to provide better more timely service, at least given a little time and patience at the outset.

Thanks for reading.

Heath Ledger's father Kim has stated that little Matilda "will be taken care of".  However, Kim himself has been in litigation with his brothers, who accused him in 1994 of mishandling their grandfather's estate to the extent of $2 million.

This intriguing story also illustrates the importance and difficulty of valuing an estate.  News reports contain estimates from $2.5 million to $20 million, quite a range for an estate that spans at least two countries. 

No word yet on whether litigation will be launched on little Matilda's behalf against her exclusion from her father's estate.  Of course, other Wills may emerge...

Stay tuned.

Chris Graham

Numerous surveys have been released as to the intentions of boomers with respect to their estate plans.  The fundamental characteristic is a focus (on those in their fifties) on enjoying quality time with their families and ensuring that their estate plan properly provides for their children both before and after they are gone.  Some have suggested that this "family focus" is a departure from previous generations although I think this is open to question. Nonetheless, the statistics are illuminating, particularly respecting inter-vivos gifts to children. 

Take, for instance, the findings of a Royal Bank of Canada Poll released in November, 2007:

1.  Fifty-seven per cent of Canadians in their fifties have received or are expecting to receive money  from their parents and in-laws;

2.   Approximately three in five respondents in their fifties expect to give money, during their lifetime, to their own adult children; of those, sixty-nine per cent say they will do so because they want to see their children enjoy their lives; seven per cent say that they would not, believing that their children need to earn their own way or wait until their parent dies. 

5.   When contemplating their legacy, seven in ten respondents want to be remembered as a person who enjoyed time with their family. This family focus is also reflected in the finding that four in five of those in their fifties believe that "their children are their legacy."

David M. Smith

Last week, Michael Geist, noted technology law professor, columnist, and blogger wrote an interesting article about how Barack Obama has courted the youth vote by embracing technology, especially social networks, like Facebook, MySpace, and YouTube. Obama’s approach appears to have worked as a social networking tool. The official Obama Facebook support page has over 500,000 friends versus Hillary’s 100,000 friends.

Aside from using technology to reach voters, Obama has also taken positions on issues that are important to young voters, such as net neutrality legislation and digital copyright, subjects most politicians, including Canada’s mainstream political parties fail to address.

From the sidelines, it will be interesting to see how the primaries work out and if more Facebook friends results in more delegates. I would encourage anyone interested in technology, privacy law, and social media to regularly read Mr. Geist’s blog.

Thanks for reading,

Diane Vieira

With the advent of Blackberrys, high-speed Internet, e-mail and remote computer access, more and more lawyers are changing the way they work, including where they work. More lawyers are learning to operate from home-based workspaces, at least some of the time. This allows lawyers to be more flexible and juggle the competing demands of work and family. You can get home for dinner with the family, and then catch up on e-mails and get a head start on the next day’s work. I personally telecommute every day, thanks to my Blackberry.

Is there a telework revolution afoot in the legal profession? Many studies show that teleworking two to three days a week actually increases productivity. It certainly leads to increased flexibility and mobility. However, my own view is that it would be difficult to work 100 percent of the time from home. The practice of law involves personal contact, with both colleagues and clients.

It is likely too early to tell whether a revolution is taking place. However, there’s no denying that the telework age is here, and lawyers are reaping the benefits, at least some of the time.

Have a great day!
Bianca

Jason Allan

The article notes that many courts and legal aid organizations are also relying on the intelligent preparation of forms and court documents to expand access to justice.

The article notes that Australia is leading the way in lawyer automation, while in Canada, it is still in its infancy.

Is AI software leading to the eventual automation of the legal profession? Will lawyers become irreplaceable? According to the article, the answer is no. Many intelligent software programs are designed to assist lawyers in giving advice to clients. In addition, by using such programs, lawyers free up more time to engage in analytical thinking and focus on creative legal solutions. Machines, thankfully, cannot reproduce such human abilities. Especially with complex matters, human lawyers will be needed and valued for their judgment and expertise.

In the estates and trust area, we have seen do-it-yourself Will and power of attorney kits. There are also electronic versions of such kits, replete with brief explanations of the law and instructions on how to execute the prepared documents. Perhaps do-it-yourself trust documents are not far behind. However, while such kits may be cost-effective in the short term, the resulting legal documents may lead to costly problems of interpretation and litigation in the long run. In Ontario, having a Will or Trust prepared by a lawyer is still relatively reasonably priced. In my view, paying extra to retain a human lawyer who will employ a personal touch and reasoned judgement, instead of using a do-it-yourself kit, automated or otherwise, is well worth the cost. Some things just don’t come in a box…or AI software.

Have a great day!

Bianca La Neve

In his recent December 4, 2006 blog, Doug touches on the ever-important life balance that lawyers must maintain. He takes us to a recent study done by a group called Catalyst , who wrote a report: Beyond Reasonable Doubt: Lawyers State Their Case on Job Flexibility. The study involved 1400 lawyers and there were some helpful tips on what it means as a lawyer to have “flexible work hours”. Obviously, the use of technology plays an important role in allowing a fuller balance between family and work for many lawyers. We encourage you to take a look at this study.

All the best, Suzana and Ian.