August 19, 2009 by Lisa Kennelly

Josh MacFadden of Canadian IP Perspectives: LexBlog Q&A

If you're not aware of the legal blogging community in Canada, you're missing out – our neighbors to the North provide some of the most interesting commentary and insight out there. Take blogs like trademark and intellectual property lawyer Josh MacFadden's Canadian IP Perspectives.

Josh writes about trademarks, patents, and copyright law and issues, but the self-ascribed "news junkie", also weaves in how current events and widespread trends in the news affect these areas.

Through the blog, Josh has built relationships with readers from around the world who rely on him to explain the implications of Canadian laws on their own circumstances.

"The blog is a fantastic complement to practicing law because it becomes a relatively simple means of communicating to current and potential clients as well as colleagues," Josh says, "and I can reach a potentially vast readership which may have not previously known me or my office.

We reached out to Josh for this LexBlog Q&A to discuss the Canadian law blogosphere and the challenges of switching from legalese at work to a more casual tone on the blog.

See our email exchange with Josh, after the jump.

Lisa Kennelly: Why did you decide to start a blog?

Josh MacFadden: I started my blog for two reasons: the first, in order to dispel certain misconceptions regarding trademarks, patent, copyright law and issues (i.e. "you should patent that slogan"); and secondly, to reach a wide audience of potential readers, whether they are existing or potential clients, legal professionals, or business people seeking to familiarize themselves with Canadian law. Moreover, the internet is being increasingly relied upon as an information resource and thus I wanted to provide a Canadian perspective on intellectual property law, practice and issues.

Lisa Kennelly: What has been most rewarding about blogging? What has been most challenging?

Josh MacFadden: The most rewarding experience from blogging is witnessing an expanding readership and having people follow up to further discuss legal issues. I particularly enjoy the contact I have had with people from throughout the world whom are seeking to understand the implications for Canadian laws on their own circumstances.

I would identify two major challenges with blogging: finding available time to research and prepare posts and secondly, trying to prepare a post which is accessible to a wide audience by using plain language rather than "legalese" since much of my day to day correspondence tends to use a lot of "whereas", "forthwith", etc. Nevertheless, it is an ongoing process to undo my learning and some of my posts may not be quite as accessible as I would like.

Lisa Kennelly: How do you usually go about getting ideas for blog posts?

Josh MacFadden: My ideas have largely stemmed from issues I have encountered personally in my day to day practice, but I am also a news junkie and my favourite blog posts are those which involve current events in the wider media sphere or which relate to the impact of trends in technology and the law upon the average citizen.

Lisa Kennelly: What is the Canadian blogosphere like, and do you have a sense of it differing from that of blogs based in the US?

Josh MacFadden: I have noticed somewhat subtle differences between the Canadian and US legal blogosphere - but overall, it would seem that Canadian lawyers or legal commentary is not as widespread as our neighbours to the south. Nevertheless, in spite of the relatively small legal blogging community in Canada, there are some outstanding blogs and websites operated by some clearly talented communicators and indeed, it is important that new entrants to the blogging world not feel intimidated by the more experienced or tech savvy counterparts since the purpose of the blog is to provide your own outlet for expression.

Lisa Kennelly: How do you see your blog supplementing or complementing your law practice, both currently and ideally?

Josh MacFadden: The blog is a fantastic complement to practicing law because it becomes a relatively simple means of communicating to current and potential clients, as well as colleagues and I can reach a potentially vast readership which may have not previously known me or my office. And further, to the extent that those readers are outside my home province and country and, particularly where they are not a current client, but are seeking to better anticipate or understand Canadian laws upon their intellectual property portfolio I am pleased to find that they have identified my blog as a helpful resource.

Interested in hearing more? Recent LexBlog Q & A posts:

Or, see our full list of legal blog interviews.

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April 11, 2008 by Rob La Gatta

Steve Matthews on the state of Canada's legal blogosphere [LexBlog Q & A]

This isn't our first time featuring Stem Legal's Steve Matthews as a guest for the LexBlog Q & A; back in February, he stopped by and chatted with us about search engine optimization and how it works (or doesn't).

Today, the Vancouver-based SEO specialist is back, talking about Canadian law blogs. Bell Canada's Dominic Jaar offered us a bit of insight on the state of the Canadian legal blogosphere when we spoke to him recently...but for today's interview, that issue was the focal point. Steve's insights on where it is and where he sees it going in the future, after the jump.
1. Rob La Gatta: Is it safe to say that Canadian lawyers are not embracing the legal blogosphere as quickly as their American counterparts? Why or why not?

Steve Matthews: Actually, the Canadian legal blogosphere is right on par. The current number of lawyer blogs in the U.S. is around 2000, and the Canadian legal market is 1/20th in terms of size. My running list of Canadian law blogs on LawBlogs.ca is sitting at 116 as of April 1st, 2008. So there's really not much difference in the adoption rate.

2. Rob La Gatta: Do you have any idea at what rate Canadian legal blogs are popping up (i.e. # per month)? Do you expect the number to have a greater increase in 2008 than it did in 2007?

Steve Matthews: Because we're smaller in number, it's tough to estimate. I almost always add 1 or 2 each month, and sometimes as many as 3 or 4. I hope there will be an increase in 2008, but again it's difficult to say.

3. Rob La Gatta: Dominic Jaar has said Canada is about 3-5 years behind the U.S. when it comes to adopting new technologies. Do you believe this to be the case? If so, do you expect this rule to apply to blogging?

Steve Matthews: I would say 2-3 years. There's a definite gap, but it always depends on the firm in question and the technology. Many of the big firms, and especially the national firms, are very close to what's going on in the U.S.

Having just come from Clark Wilson in Vancouver, my perspective may also be distorted on the positive side. The firm was always progressive - combing through the ILTA conference each year, implementing new technologies, and investing on a regular basis. As an example, we were blogging internally - everyone from the mail room to the Managing Partner - several years before the concept was even mentioned in U.S. publications. Not that U.S. firms weren't doing the same, but we're Canadians... sometimes we're just (too) quiet about our innovation.

On the blogging front, I would say the lag is with our larger firms. Blogging gets some support, but it's often done under the radar, and there are few firm sponsored initiatives. I would also describe this as the demographic that is about to break through. I suspect it will only take a couple of early adopters, and the land grab will be on.

4. Rob La Gatta: As you alluded to earlier, LawBlogs.ca is living list of Canadian law blogs on the web. Does that page get a lot of traffic? When reviewing this data, is there anything that is particularly surprising to you?

Steve Matthews: The site gets several thousand visitors per month, mostly from law firms. The numbers aren't huge, but the fact that firms are checking out the competition makes me suspect at least a few of them are kicking the tires.

I'd also say that creating this list, and then moving it to its own website, was probably one of the smartest things I've done. Not only does it force me to watch for new Canadian blogs, but it also gives me a chance to get to know a lot of Canadian law bloggers. I'm a big believer in community, but communities need infrastructure. This is just my contribution.

5. Rob La Gatta: What are some of the most noticeable differences between how Canadian and American lawyers who are blogging approach it? Do you see any noteworthy patterns?

Steve Matthews: One aspect Canadian law bloggers do very well is the social side of blogging. We actively read and link to each other's blogs. There are many  great conversations, debates, and generally a strong web-community being developed.

It could be the fact that we're smaller, but I also give a lot of credit to Slaw.ca, our Canadian legal blogging co-op. Simon Fodden has done a great job of expanding both the range of participants and the topics we're discussing. There's also a core group of us that work hard at welcoming & acknowledging new Canadian legal blogs. I think that's important.

Interested in hearing more? Recent LexBlog Q & A posts:

Or, see our full list of legal blog interviews.

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