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Archive for ‘Thursday Thinkpiece’ Feature

Thursday Thinkpiece: Gotthelf On, Um, Lawyers’ Verbal Fillers

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

The Lawyer’s Guide to Um

Barbara Gotthelf
Legal Communication &Rhetoric: JALWD Fall 2014/Volume 11

Excerpt: Introduction and Parts I through III

In 2006, my son came home from his first day of eighth grade and reported that his Language Arts teacher, whom I will call Mr. Sweeney, had made a dire announcement: He . . . [more]

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Thursday Thinkpiece: Oughtred on Going It Alone

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Going it Alone: A Start up Guide for the Sole Practitioner, Second Edition

by Wendy Oughtred © 2014 Canada Law Book. Reprinted with permission.

Excerpt from: Chapter 4: Business Structures [Download the full chapter in PDF]

This chapter is about business styles. In a traditional sense, there are three to choose . . . [more]

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McCormick on Gender and Judgment Assignment on the SCC

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Who Writes? Gender and Judgment Assignment on the Supreme Court of Canada

Peter McCormick
Osgoode Hall Law Journal Vol. 51, no. 2 (2014): 595-626

Excerpt: Summary & Parts V, VI and VIII

[Footnote renumbered]

This article poses the question: Now that women are receiving an increasing share of the seats on the Supreme . . . [more]

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Thursday Thinkpiece: Oliphant on Creeping Monism in Charter Interpretation

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

INTERPRETING THE CHARTER WITH INTERNATIONAL LAW: PITFALLS & PRINCIPLES

Benjamin Oliphant
APPEAL: Review of Current Law & Reform Vol. 19, no.1 (2014): 105-129

Excerpt: Part II

(Footnotes omitted. They are available in the online version via the link above.)

II. PRESUMPTIONS OF COMPLIANCE AND CREEPING MONISM

A number of critics have suggested that . . . [more]

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Thursday Thinkpiece : Boddie on Succeeding as Outside Counsel

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

SUCCEEDING AS OUTSIDE COUNSEL: A LAWYER’S GUIDE TO PROVIDING FIRST CLASS LEGAL SERVICES FROM THE CLIENT’S PERSPECTIVE

by Rod Boddie © 2014 American Bar Association. Reprinted with permission of the American Bar Association. All rights reserved. (ABA LPD 2014)

Excerpt: Chapter 1: Legal Services

To begin the discussion about the provision of legal . . . [more]

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Thinkpiece Thursday: Dufraimont on the Principled Approach to Evidence

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

REALIZING THE POTENTIAL OF THE PRINCIPLED APPROACH TO EVIDENCE
Lisa Dufraimont
(2013) 39 Queen’s Law Journal 11-39

Excerpt: Part II

[Footnotes omitted. They are in the original that is available via the link on the title above.]

II. Evidence Principles Versus Evidence Rules

The adoption of the principled approach represents a move away . . . [more]

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Thursday Thinkpiece: Chasse on Law Societies and Unaffordable Legal Services

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

THE FAILURE OF LAW SOCIETIES TO ACCEPT THEIR DUTY IN LAW TO SOLVE THE UNAFFORDABLE LEGAL SERVICES PROBLEM
Ken Chasse

(Excerpt: pp. 1-3)

There are five propositions that Canada’s law societies must accept if their statements as to what they refer to as their “concern about the access to justice problem” are to . . . [more]

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Thursday Thinkpiece: Dodek on the Death of Legal Icon Heenan Blaikie

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

CANADA: DEATH OF A LEGAL ICON, DAWN OF CHANGE?
Adam Dodek*
Legal Ethics, Vol 17, No. 1, June 2014, pp. 135-137

Excerpt: pp.135-136

When the end came for the storied national law firm of Heenan Blaikie, it came abruptly. On 5 February 2014, the firm issued an understated three-paragraph Press Release . . . [more]

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Thursday Thinkpiece: Alvarez & Lamport on Social Law Firm Business Strategies

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

OUTPERFORM THE COMPETITION: BUSINESS STRATEGIES FOR THE SOCIAL LAW FIRM
Guy Alvarez & Joe Lamport
Ark Group, 2014

Excerpt: Executive Summary

Executive summary

PERHAPS THE most important new trend to emerge in the business world over the last decade has been the concept of the “social business”. CEOs of large corporations have realized . . . [more]

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Thursday Thinkpiece: Internet Legal Research on a Budget

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Editors note: This week’s thinkpiece was timed up to publish concurrently with Judy Gaskell’s review of the same book. Slaw wishes to thank Carole Levitt and Judy Davis for extending such a significant excerpt, along with Judy Gaskell for her review.

INTERNET LEGAL RESEARCH ON A BUDGET

by Carole A. Levitt and . . . [more]

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Thursday Thinkpiece: Regan on Establishing an “Ethical Infrastructure” in Law Firms

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Nested Ethics: A Tale of Two Cultures

Milton C. Regan, Jr.
Hofstra Law Review, Vol. 42, pp. 143-174, 2013

(Excerpt: pp. 143 – 148)

I. INTRODUCTION

As law firms have become larger and more complex,[1] many of them have adopted more sophisticated programs to ensure that lawyers in the firm comply with their . . . [more]

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Thursday Thinkpiece: Klinefelter and Laredo on Client File Confidentiality

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

IS CONFIDENTIALITY REALLY FOREVER — EVEN IF THE CLIENT DIES OR CEASES TO EXIST?
Anne Klinefelter and Marc C. Laredo

Originally published at Litigation, Vol. 40, No. 3, pp. 47-51, Spring 2014

(SSRN Excerpt: pp. 1 – 4)

Many readers have heard of Lizzie Borden, tried and acquitted of the 1892 murder in . . . [more]

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