and not help one’s expert witness consulting practice

One bit of advice young lawyers are given – much easier to follow in the brave new world of reasons for judgment online and so easily searched – is to look for cases in which judges have commented on the expert’s objectivity. The words in square brackets are my interpolations for clarity.

From a trial decision not too long ago, about a witness who testified for the side that ultimately won at trial but lost on appeal.

•  Dr. S. called by the Plaintiffs, was qualified as an expert to give opinion evidence

. . . [more]

Trello, from Joel Spolsky‘s Fog Creek Software, is a really nice tool for organizing a project, collaboratively, and for free.

Launched back in September, I just found out about the software today reading and interesting note he wrote showing the difference between vertical and horizontal software products.

This looks like it might be a big help in law offices, and anywhere teams need to collaborate on multifaceted projects. . . . [more]

Recently, Slaw introduced Talklaw, a calendar of legal conferences and events. This reminded me of an annual legal conference that doesn’t get talked about much outside of Manitoba, the Isaac Pitblado Lectures.

Non-Manitobans are not likely to be familiar with Isaac Pitblado. As stated in the biography from the Pitblado Lectures published papers:

At the time of Isaac Pitblado’s death, the Hon. Richard S. Bowles, the President of the Law Society of Manitoba, said about him:

The Law Society has lost its most respected and beloved member. Canada has lost one of its most able and distinguished sons.

. . . [more]

Now that Christmas and New Year’s are safely tucked away, we can move on to things less ritual, less structured. But before we do, I’m going to take one last kick at the cans—because that’s the nature of the ghosts of Christmas past and auld lang syne, is it not? to linger nostalgically for a bit.

I seem to recall that as an adolescent I used to get a lot of shirts from Santa. Imagine my delight. And then one year my parents (yes, I knew by then: I was always sharp as a tack) gave me an LP with . . . [more]

Teaching a seminar not long ago, I commented that texting while driving was a clear example of the failure of multitasking. A very bright senior lawyer said, “But sometimes you have to.” (Even her workaholic colleagues looked askance at that!)

No, you don’t have to. Ever.

You know it’s a bad idea, right?

It’s easy to recognize in this example that a texting driver is dividing her attention, paying attention sometimes to the cars around her and attention at other times to her smartphone. Perhaps the text message does require only part of her attention (though even that’s unclear, according . . . [more]

This is a post in a series appearing each Friday, setting out some articles, videos, podcasts and the like that contributors at Slaw are enjoying and that you might find interesting. The articles tend to be longer than blog posts and shorter than books, just right for that stolen half hour on the weekend. It’s also likely that most of them won’t be about law — just right for etc.

Please let us have your recommendations for what we and our readers might like.

. . . [more]

Because of the possible protections afforded “freedom of religion” under the constitutions of many countries, we’ve seen various groups or individuals seek to exempt their activities from the normal operation of the law by claiming to be or belong to “churches” or “religious organizations.” The use of certain otherwise proscribed drugs, for example, has been claimed to be an important part of “religious practice” (see, e.g. Holy Light of the Queen and the drug ayahuasca; and the amazingly prolific , involving marijuana). More commonly, perhaps, people attempt to form churches or to become recognized as ministers of churches in order . . . [more]

David Mao this week became the 23rd Law Librarian of Congress. The Law Library of Congress was established in Washington in 1832 by the United States Congress and is the world’s largest law library.

Before joining the library, Mao worked for the Congressional Research Service. He also held positions at Georgetown University and the law firm Covington & Burling.

The Law Library of Congress blog In Custodia Legis published an interview Mr. Mao earlier this week:

The Law Library issued its Strategic Plan for 2011–16, and, in the short term, I aim to continue the progress toward achieving the

. . . [more]

[ français / English ]

Bâtir une stratégie d’utilisation des médias sociaux n’est pas de tout repos si l’on n’a pas les moyens d’engager des experts pour nous aider. En partageant l’expérience d’Éducaloi, j’espère pouvoir être utile à d’autres personnes ou organismes qui sont en réflexion quant à l’utilisation des médias sociaux.

Il y a maintenant deux ans, Éducaloi a décidé de se lancer sur les médias sociaux. En une seule journée de juillet 2009, nous ouvrions une page Facebook, un compte Twitter et une chaîne YouTube.

N’ayant pas les ressources disponibles ni la possibilité de répondre aux questions juridiques . . . [more]

Members of Parliament Stephen Woodworth (Kitchener-Centre, CPC) and Jeff Watson (Essex, CPC) are calling for a national discussion on the definition of “human being” and a full examination of Canada’s laws in this regard. The appeal is supported by the Evangelical Fellowship of Canada (EFC).

Let’s take the opportunity to make a few Law Tech resolutions.

Resolution #1 – I will test my backups!

Backups are crucial and you don’t want to find out whether they worked or not when you really really need them. So in addition to checking periodically to make sure your backups are actually running (You *DO* check don’t you?) you should actually test your backups from time to time.

How? Create a dummy file – just a Word document will do – and put it in your file system. Call it “Backup Test” or something like that. Let your backup . . . [more]

This could be The Year of Access to Justice in Canada. Whether it is a good year or a bad year for Access to Justice is TBD. The fate of Access to Justice is to be determined by governments, by the courts, by the legal profession and yes, by lawyers ourselves.

Dark Clouds on the Horizon: Justice Budgets 2012

In 2012, we are likely to see serious fiscal pressures on Access to Justice through budget freezes or cuts to legal aid plans, courts and other justice programs. Serious cuts to legal aid have already been proposed in the UK . . . [more]