2011 CLawBies

Steve Mathews of Stem Legal has announced the winners of the 2011 CLawBies, which is short for Canadian Law Blogs Awards. The winner of the best Canadian Law Blog was Erik Magraken's B.C. Injury Law Blog.

Although, alas, Rule of Law did not win an award, it was one of the runners up in the category of Best Practitioner Blog. The winners in that category were Employment & Human Rights Law in Canada, James Gannon's IP Blog; and Youth and Work.

Thank you to Kieran Moore publisher of Employment Law Canada blog, and Nate Russell at The Stream for nominating Rule of Law.

Check out the winners and runners up here. You will discover some great legal blogs.

New Courthouse Libraries BC Practice Portal Blogs

Courthouse Libraries BC has published the Stream, a blog that helps lawyers and others interested in the law keep on top of developments in British Columbia law for quite some time.

Starting today, the Stream is publishing blog posts in five separate practice portals: Civil Litigation, Family Law, Personal Injury, Practice Management & Technology, and Wills & Estates. 

I had the privilege of writing the Forward for the Wills & Estates portal.

CLawBies

Steve Mathews of Stem has posted the winners of the 2008 CLawBies (Canadian Law Blog Awards). See the results here.

Alas, Rule of Law did not win. But I was honoured to receive a nomination. Thank you to Laurie Mapp (whose blog, Halo Secretarial Blog, did win a CLawBie) for the nomination. I also appreciate Garry Wise's mention in Wise Law Blog of Rule of Law in this post about the awards.

Thank you to Steve Mathews for organizing the CLawBies. I have found out about other legal blogs by reading the CLawBie nominations and awards, and its great to see legal bloggers get a pat on the back. Most importantly, this kind of thing builds a sense of community among legal bloggers in Canada, who often live far apart from each other, and have very diverse experiences. Its also fun.

Oh, and Happy New Year!

Registered Disability Savings Plan Blog

I have found an excellent blog that deals with Registered Disability Savings Plans. The blog includes information about these plans, and updates on related provincial legislation concerning whether the savings will be considered assets for the purpose of entitlements to provincial disability benefits (each province has its own rules). The blog has links to related sites and a Registered Disability Savings Plan calculator.

You can check out the RDSP blog here.

Canadian Lawyer Magazine: Top Ten Canadian Law Blogs

Gerry Blackwell has listed his top ten Canadian law blogs in his article "Luminaries of the Canadian Blawgosphere" in the March issue of Canadian Lawyer Magazine. Here is his criteria:

What makes a good blog? The blogger has to be consistent, posting at least weekly. (Some at lawblogs.ca haven’t posted since 2005, but a few post more than once a day.) The writing has to be lively and the site well designed — admittedly subjective measures. Posts should not be dissertations — a common failing among some Canadian blawgers — and the blog should be focused. If it’s about family law, don’t tell us about your vacation.

Finally, most blogs should engage readers and foster discussion. It must be easy to post and read comments. A few Canadian blawgers inexplicably don’t accept comments.

When dipping into a new blawg, I count comments. The more there are, I figure, the more people are reading — a sure sign of a blawg worth reading — and the greater the chances of lively exchanges. That being said, absence of comments, as we’ll see, doesn’t necessarily mean a dull or worthless blog.

His top ten, in no particular order:

MICHAEL GEIST
LAW21
LAW FIRM WEB STRATEGY
eLEGAL
SLAW
THE BIZOP NEWS
TORONTO ESTATE LAW BLOG
LAW IS COOL
LIBRARY BOY
RULE OF LAW

Mr. Blackwell's critique of Rule of Law:

The writing is a little too earnest and workmanlike to draw a huge readership — comments are sparse — but the content appears solid, and the site, created in Google’s Blogger, is attractive.

Now I know what it would feel like if I had an editor!

[I have corrected Mr. Blackwell's name, which I had as "Kirbyson" when I first posted. Perhaps I do need an editor.]

Rule of Law Blog Mentioned in Bar Talk

I am pleased by the nice mention of this blog in the December, 2007, Canadian Bar Association, British Columbia Branch quarterly publication Bar Talk.

In her article "On the Web - Online Marketing: Blawgs Part 1," Patricia Jordon discusses law blogs, and some of the most popular types of blogging software. She introduces the topic of law blogs as follows:

A blawg is a blog that focuses on commentary about the law. A blawg can get you noticed, drive traffic to your website and improve your search engine ranking. Savvy law firms use blog technology to promote services to potential clients, and post information in real time from anywhere in the world. You do not need to be a techie or spend vast sums of cash to build a great looking blawg. Blog publishing software is easy to use, free or relatively inexpensive.

The author then quotes me. But, I feel funny quoting someone quoting me. Its like looking in a mirror in a house of mirrors. So, if you're interested, you can read her article here.

Legaltree.ca

Legaltree.ca is a Canadian collaborative legal research resource with links to and information on books, articles, websites and blogs on law by subject matter. It is very comprehensive. I am pleased and flattered that my blog is included in the links under "general wills and estates resources."

Rule of Law's Second Anniversary

I missed it.

Yesterday, was the second anniversary of my blog. In the last year my readership has increased, and I get many more inquiries directly from my blog. But, my perspective has not changed much, if at all, since I wrote my first anniversary post.

One of the things I enjoy most is writing comments about court cases. I now understand why law schools use the case law method to teach students. There is no better way of understanding law than in the context of actual cases, involving real people with real disputes. I like the fact that in my blog, I can link to the cases. My readers can read my perspective, but can also read the reasons for judgment in a case themselves. No doubt, their perspectives will differ from mine.

I also think that people who take the time to read the cases will get a sense of how good our judiciary in British Columbia is. In my experience, our judges are patient, consider all sides carefully, and are extremely bright. I find this is just as true in those cases where I disagree with the result as when I agree. I don't think that the commercial media in British Columbia always do a good job of giving people a sense of the high quality of work that our judges do. I hope my blog gives people a more in depth understanding of law and the courts in British Columbia.

I will try to remember my third anniversary.

Subsection 75 (2) Attribution Rule

The Income Tax Act (Canada) has various rules, called attribution rules, that may require you to pay tax on income or capital gains on assets after you have transferred the assets to another person or to a trust in some circumstances. One of these rules is set out in subsection 75(2) of the Income Tax Act. Simpson Wigle LLP has a good article on their Tax News blog posted by John Loukidelis about subsection 75 (2). He sets out some of the ways you can get caught by the rule when you contribute assets to a trust, as well as the consequences of running afoul of the rule.

He summarizes subsection 75 (2) as follows:

Subsection 75(2) of the Income Tax Act[1] is an attribution rule that can apply in respect of property (or property substituted for that property) contributed to a trust by a person (the “contributor”). The subsection will apply if the property “is held on condition” that it
(1) may revert to the contributor,
(2) may pass to persons to be determined by the contributor, or
(3) shall not be disposed of except with the contributor’s consent or in accordance with his or her direction.

For those of us who are not tax specialists, this stuff isn't simple, but Mr. Loukidelis explains the rule clearly and concisely. You can read it here.

Canadian Wills, Trusts and Estates Law Blogs Search

I have added a Google Co-op Custom Search Engine to my sidebar to allow you to search Canadian Wills, Trusts and Estates Law Blogs. Just type in a word you want to search in the space, and click on the "Search" button. You will get results from the blogs I have put in the included sites. When you get the search results, you can then expand your search by clicking on the "Web Search." Try it.

The blogs I have included, in addition to my own, are The Estate House, from Alberta, and the Toronto Estate Law Blog. I hope to add more Canadian blogs focused on this area of law in the future.

(Because this is a Google product, there are Google advertisements on the results pages. I do not choose the advertisements, nor endorse the products or services advertised.)

Through much trial and error, I have also managed to get a picture of the Supreme Court of Canada building in winter on the top of the search results page. Very Canadian. Eh?

Life Insured Mortgages for Canadian Soldiers

The Edmonton, Alberta, law firm of Gorman & Koski LLP have an interesting post entitled "War Widows and Mortgage Insurance" on their blog, The Estate House, about the recent controversy over some insurers refusing (at least initially) to pay out life insured mortgages for Canadian soldiers killed in action. Apparently, some insurers took the position that a war exclusion applied in these cases.

Gorman & Koski address quite well the legal issues, and the difference between buying a life insurance and insuring your mortgage.

I don't know if the insurers were within their rights to deny coverage or not. But, setting aside the legal issues, it amazes me how some large insurers and financial institutions can spend millions of dollars on advertising to attempt to create good will, and then squander it by taking a hard line with their own customers.

Three More Estate Planning Blogs

I have added three more estate planning blogs to my sidebar.

Neil Hendershot, an experienced lawyer in Harrisburg, Pennsylvania, has gotten off to a great start with his PA Elder, Estate & Fiduciary Law Blog, with frequent, interesting posts.

From the State of Sun, Surf and Estate Planning Blogs, I have added Larry Stratton's Planner's Thoughts, and Diedre Wachbrit's Weblawg.

Mr. Stratton is based in Tarzana, California, and he focuses on financial and estate planning issues in his blog.

Ms. Wachbrit's blog deals with estate planning, asset protection and elder law. She is based in Westlake Village, California.

Professor Beyer on Estate Planning for Pets

Professor Gerry W. Beyer has posted links on his Wills Trusts and Estates Prof Blog to some of his articles on estate planning for pets. To quote his post, with links:

For the non-attorney audience, I have posted the "Top 20" most frequently asked questions about pet trusts as well as an article entitled Prepare for Your Companion Pet's Future which was prepared for Phoenix Landing and includes special tips for parrot owners.

For attorneys, I have posted an article entitled Estate Planning for Non-Human Family Members.

You may be interested to note that at least 38 jurisdictions now have statutes specifically addressing pet trusts.

In his articles Professor Beyer offers thoughtful, practical analysis of the issues involved in planning for a pet's care.

Although Professor Beyer is writing about U.S. law, which differs from B.C. law, many of the same considerations apply in British Columbia. We do not have legislation specifically dealing with pet trusts, but in British Columbia you can set up a trust to fund the care of your pet using what Professor Beyer refers to as the traditional trust method.

Ontario Estate Planning and Litigation Blog

One of the fun things about the internet is stumbling across great sites. I experience a wonderful sense of discovery. The other day I found an Ontario estate planning and estate litigation blog from the firm Hull & Hull LLP in Toronto. It consists of posts and podcasts directed towards other lawyers. The contributors are Ian Hull and Suzana Popovic-Montag. Check it out here.

Happy 1st Birthday to Rule of Law Blog

A year-and-a-half ago, I had never heard of a blog. In June 2005, I met for coffee with Dave Bilinsky, who is a practice advisor with the Law Society of British Columbia. I am a fan of Dave’s, and I asked him to meet with me to get some ideas to help me gradually move my practice orientation to a practice more focused on wills, estate planning, and estate litigation. Dave made several suggestions, including that I start a blog.

I spent a couple of months reading blogs to get some ideas. On August 13, 2005, I posted my first article. I was not sure if I would think of enough things to write about, or have the time or discipline to post regularly.

A year later, I find that I have no difficulty in finding things to write about. I have more ideas on topics than time to write them. I find writing posts to be enjoyable. It feels like more of a hobby, than work.

Has the blog affected the amount of work that I am getting? I know of a few people who have contacted me after reading my blog, and my wills, estate planning and estate litigation practice is continuing to grow. But, my blog is not the only way I market my practice. In the short term, I don't know if "Rule of Law" has had a dramatic effect on the volume of work.

The impact that my blog has had on my practice and on me is subtler.

When I write, I step back from the immediate issues I am dealing with in my practice, and consider the broader legal and policy issues. I also read the latest wills, trust and estate cases from the British Columbia courts closely, so that I can write about them.

Because I am writing for everyone, from people with little or no knowledge of the law looking for basic information, to other lawyers, I have to work at writing in a way that anyone can understand. This improves my writing skills--or at least I hope it does.

I also read other blogs. In doing so, I learn about the law in other places, and get new ideas. I especially enjoy reading the other wills, trust and estate blogs. I feel that I am a part of a larger legal community, extending beyond my own province of British Columbia.

Writing a blog is invigorating.

Do I recommend writing a blog to lawyers and other professionals? It depends. If you enjoy writing about what you do and believe in, then I can’t think of anything better. If not, there are plenty of other ways to market your business.

But, I don’t really think of my blog as a marketing tool anymore. It is an end-in-itself.

Do they take Visa, Mastercard, or American Express in Heaven?

Jennifer Sawday has a hilarious post today in her California Estate Planning Practice Blog. She makes the point that it is important to cancel a deceased person's credit cards to prevent their fraudulent use. Jennifer then relates a conversation between the relative of a deceased person and a bank that is charging the deceased credit card holder interest and service charges accruing after death. I don't know if the conversation is fictional, real or real with some embellishments, but it rings too true to me. Read her post "Be Sure And Cancel Your Credit Cards Before You Die" here.

In my own practice, I admit I get some amusement from reading letters that collection agents for financial institutions occasionally send to deceased people threatening to wreak havoc with their credit ratings.

Cyberage Estate Planning

I have read a couple of interesting posts yesterday and today on estate planning in this age of websites, blogs and online accounts.

Shelley Mactyre in a post entitled "Internet Memorials" in her blog The Fig Tree, and Brian Olson in "What about digital assets?" in his Utah and Nevada Estate Planning Blog, talk about the importance of keeping user names and passwords in a secure place that will be accessible to your personal representative after your death.

As a result of reading these posts, my estate planning checklist just got a little longer.

More Wills,Trusts and Estates Law Blogs

I have added five more law blogs to my sidebar. They are:

Andrew Ewalt's Law Blog--Andrew practices in the greater Hartford, Connecticut area. Although his blog also covers a variety of other legal subjects, he writes frequently about estate and succession planning issues.

Arizona Elder Lawyer--Cameron Pickett writes about trusts, wills, estates, probate, tax issues, guardianships, and conservatorships, with an emphasis on elder law issues. She practices in Chandler Arizona.

The Fig Tree--Shelley Mactyre of Hillsboro, Oregon wins the award for the best name for a blog with an estate planning focus. You can find out how she came up with the name for her blog here.

Florida Probate Blogs.com--David Luber practices estate planning and probate law in Broward County, Florida.

Utah and Nevada Estate Planning Blog--Brian Olson of Gallian, Wilcox, Welker & Olson, recently started his blog on estate planning law in both Nevada and Utah.

Mediated Estate Disputes

I am a big fan of using mediation to resolve wills and estates disputes (and other kinds of disputes). The basic idea is to get an independent third person to assist with settlement discussions. Because the process is informal, and different mediators have different styles, it is difficult to generalize about the process. In my experience, usually each party's lawyer makes an opening statement setting out his or her client's positions on the issues in dispute. Then there may be some discussion with all of the parties present. It is common for the mediator to separate the parties, and meet with each side separately. The mediator may then go back and forth communicating offers and counter offers. If successful, the parties reach an agreement everyone can live with.

I say "live with," because I doubt anyone comes out with everything he or she wanted going in to the mediation. Negotiated settlements involve give and take. I have heard mediators say that if everyone comes out a little bit unhappy, then they have probably reached a fair settlement.

Mediations give the parties the opportunity to fashion their own resolution, instead of having it imposed on them. The cost savings of a mediated settlement, in both time and money, when compared with a trial are enormous.

Illinois attorney Joel Schoenmeyer is also a big fan of mediation. At his "Death and Taxes-The Blog," he is compiling an excellent list of estate planning and probate-related mediation resources as follows:

Part 1 (here): Articles about estate planning and probate-related mediation (if an article is available on-line, you can click on the word "link" following the article citation to access it)

Part 2 (here): Links to court probate mediation programs

Part 3 [here]: Links to websites that relate to probate mediation

In British Columbia, we do have a formal process set out in the Law and Equity Act, Notice to Mediate (General) Regulation, which allows a party to a Supreme Court of British Columbia proceeding to compel the other party or parties to attend a mediation.

I think mediation works best if all parties agree to the process at the outset, rather than when one party compels the others to attend. If the other side is agreeing to a mediation, then I see that as a signal that the other side is showing a willingness to reach a negotiated resolution. On the other hand, if the other side is opposed, I am not sure there is much to be gained by forcing him or her to attend.

In Kelowna, we are blessed with a number of lawyers who are very talented mediators. You can also arrange through the trial coordinator at the Court Registry to have a Supreme Court of British Columbia judge act as a mediator. Although in a mediation, a judge does not impose a decision, sometimes it is helpful if a judge provides his or her views on the case to the parties in the relatively informal setting of a mediation. A judge's opinion, even when not binding, tends to moderate a party's--or a party's lawyer's--unrealistic expectations.

The Legal Blogosphere

There are many other legal blogs out there. To get a sense of the number and breadth of legal blogs, visit Ian Best's 3L Epiphany here. Mr. Best is a student at Moritz College of Law (Ohio State University), who is organizing a list of legal blogs. He has them arranged alphabetically and by various categories. Most are from the United States, but he does include Canadian blogs. When I go to his site, I like to check out the list of humor blogs first.