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My Random thoughts on Legal Research #1 PDF Print E-mail
Research - Legislation
Written by Vivian To   
Friday, 02 July 2010 01:41

One of the most popular research activities by my observation is the quest to find out the legislative intent of a certain legal provision in a particular Ordinance.

I used to assume that anyone who are looking for the legislative intent of a provision by digging into Hansard would have already already searched:

1) the Hong Kong case law, and

2) all the commentaries such as Halsbury’s Laws of Hong Kong or any relevant Hong Kong legal textbooks.

3) English textbooks / commentaries and case law on a similar or identical English provision.

I find out to my surprise that this is not always the case.

Hong Kong Hansard is available online and the Legco search engine now enable the search of multiple keywords. In the old days the search was entirely manual by going through the hard copy content pages. Although finding the record of Legco debate is not as onerous a task as it used to be. It can still be very frustrating  to research Hansard when the specific provisions in question are simply not discussed in any detail (or at all) in the Legislative Council’s debate.

If you have also experienced the same disappointment with your search in Hansard, just take a moment to think of the workload of the legislative.  There are a total of  35 bills for the current legislative year (2009 /2010).  Assuming  each bill has an average of 100 sections that are tabled before the Legco, this would be 3500 sections to be passed in a single year.   Putting this into perspective  will help you realise that we shall not depend  the legislators too much on the interpretation of legislative provisions!!

 

Last Updated ( Friday, 02 July 2010 23:19 )
 
Five Benefits of Twitter PDF Print E-mail
Twitter - Social Media
Written by Vivian To   
Saturday, 12 June 2010 09:41

I signed up on Twitter because I was curious about this fast-growing micro-blogging service. I also wanted to find out what I could do within the confine of 140 characters as an information professional. Twenty  months down in my personal journey in Twitterland, I am here to report what I have discovered:

1. Social:

I have met really nice people locally because of Twitter.  Together with my husband, I have been to 3 TwestivalHK.  From Twestival, we learned about @WebWednesday, @startupshk, HK Meet UP, Cocoahead.  People we met in these fun-filled events have added colour and richness to our ordinary everyday life.

Although there are still a large number of overseas and local  peeps whom I have not met personally. I will probably never meet them all as I am following 313 tweeps at the time of writing and counting...  Nonetheless, the humour, insight and passion they share on Twitter helps to cheer me on as I  carry on my daily humdrum. It is fun to  occasionally comment on their tweets and exchange thoughts by DM (Direct Message) and @mention.

2. Personal Developments: 

I like to read tweets from people who provides me child care information and inspires me to be a better mom.  As mom to two kids I find it really helpful reading blog posts from  @DrDrRose @Annie_Fox and many others who are generous in sharing their wisdom and expertise.    It is also helpful to follow those who help me  understand  my wider work environment (the legal communities). @robertsawhney @lawyerkm @glambert @jordan_law21 are just a few of those peeps who comes to mind..

One big  discovery I made on twitter is  the service of professional coaches. I have signed up with @efficiencycoach who is helping me to rethink what how I conduct myself at work and to  steer of my career on the right path. I cannot thank Heather enough for guiding and encouraging  me to achieve small break through in my career life week by week.

3.Information :

As discussed in my earlier post “Searching Twitter for Information”, there is a wealth of information on Twitter.  I am using it daily for work ( I work as a law librarian).

4. Promotion and feedback :

My husband @thomashk develops applications for iPhone and iPad in his leisure time.  We make use of Twitter for engaging with the users of the apps and to get feedback.  It was amazing to watch how tweets spiralled about @Twitepad before the iPad launch.

5. Entertainment:

I try to follow people who tweet about thing that  really interested me. For example,  I am following a Japanese Astronaut @Astro_Soichi,  celebrities such as @jamieoliver .  It is fascinating to follow their journey to see the world that they are seeing and the work that they are doing .

In the sum, my iPhone together with Twitter has delivered to me with many hours of education, entertainment 24/7 and on demand.  I can’t recommend it highly enough.

 

Last Updated ( Saturday, 26 June 2010 09:59 )
 
Rethinking the Nature of Legal Services PDF Print E-mail
Legal Business - New Ideas
Written by Vivian To   
Friday, 04 June 2010 00:00

I  read  parts of Richard Susskind's new book " The End of Lawyers".  Although, I did not read the book from cover to cover,  the power of Susskind's argument is clear.  Lawyer must rethink how they deliver their services.  Susskind wrote "The Future of Law" in 1996 and was awarded an OBE in 2000 for services to IT in the Law and to the Administration of Justice.   There is little doubt in my mind that his words should be taken seriously.

Throughout the book Susskind quotes case, introduce new concepts that  are threatening to those of us who are used to the more traditional legal practice. Lawyers are adverse to risk and new ideas are usually regarded as risky.  This beg the question of how one can persuade a traditional law firm to innovate and change.  My observation is that fee-earning tends to dominate lawyers day to day activities. Most lawyers are overwhelmed with work and  there are hardly any room to think about strategy and to innovate.

What is your view on innovation and the legal business ?

Last Updated ( Monday, 14 June 2010 19:41 )
 
Knowledge Management (KM) in Law PDF Print E-mail
Knowledge Management - Yammer
Written by Vivian To   
Friday, 02 April 2010 10:12

The Internet has developed beyond recognition since the beginning of the hype of KM in the early 90's. Social Media has given ordinary people a voice and provides the platforms for mutual sharing. The platforms for KM in most of the big law firms ,however, have not changed much.   KM system tends to operate on the basis of turning tacit knowledge into documents. It collects know-how generated during fee earning activities. It generates precedents that are identified as essential to the operations and organise them in a way that facilitates future retrieval.

In short, the system provides “just in case” know how” with the belief that it would prevent the re-inventing of wheels and thereby making the operation more cost effective. If we are honest we will admit this just in case system is expensive to run. The last decade of effort spend in KM has not yet delivered the huge benefits that was promised.

The concept of capturing knowledge (i.e. turning tactic knowledge into records) still has its place in legal practice but  I believe it is time that KM platform evolved to take advantage of the new technology and the phenomenal success of the Social Media.

KM is about sharing of knowledge and it is a fact that lawyers share their knowledge all the time. To a lawyer it is natural to share and discuss what they know with their peers, their Assistants and their clients. In fact many would say that part of the attraction of working in a law practice is to learn to build rapport and to exchange ideas with many  brilliant minded lawyers.

A successful KM platform therefore should facilitate these sharing and not to hinder these sharing by imposing restrictions. As sharing is naturally happening amongst peers. I think  all that is needed is a platform that facilitates what lawyers are doing already in their daily life. This is a new platform that promote the sharing of knowledge by helping people overcome  the geographical and hierarchical barrier.

What is your view on the future of KM in law firm? Why not drop me a line,I would love to hear from you!

Last Updated ( Sunday, 13 June 2010 16:12 )
 
7 Legal Resources for Busy Commercial Lawyers in Hong Kong PDF Print E-mail
Information Management - Commercial Products
Written by Vivian To   
Wednesday, 10 June 2009 23:47
One of my solicitor friends who work in a small law firm have asked me  to suggest  legal resources essential for legal research. She explained that her clients require her to  response swiftly and it pays in the long run to have a core set of resources at her finger tips.  The question is what to choose from the multitude of resources that are on the market. Can she reasonably hope to buy just  one or two items  covering most  of your information needs.

While it would be fair to say all depends on the nature of work of a particular practice, this answer is not helpful to the hard pressed lawyers.  I decide to try and offer my two cents on this issue.

Lawyers should be familiar with paper back students’ textbook from their years of law school training. Titles such as  Goode on  Commercial Law; Tretial on Contract do give authoritative exposition and should be given due consideration when you try and built up a collection but I will not include them in my list.

Instead I will provide with a short  list of resources that  are useful for a general  company / commercial practice. These resources have been chosen because they have helped me answer many queries in the past. My main focus  are on costly practitioners’ text.  

Here go my choices:

Chitty on Contract (UK)

Halsbury’s Laws of England

The Hong Kong Butterworth’s  Company Law Handbook

Lewison, The Interpretation of Contract

Practical Commercial Precedents

Tolley’s Company Law

Lexis.com  / Westlaw

This list is of course not comprehensive - far from it ! You might have some  totally different titles in your mind.  If you do, why not leave a comment and let me know your choices.

I will discuss a list of preferred book sellers in my next post.
Last Updated ( Wednesday, 10 June 2009 23:57 )
 
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