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Archive for ‘Columns’

Wrongful Convictions and Wrongful Exonerations

My wife was assaulted by a stranger in downtown Toronto, in January of 2020. She was walking through the underground passage from the Eaton Centre into the Queen TTC station. A man suddenly ran up and kicked her in the leg. She was rattled, and her leg was bruised, but she got over it within a few weeks.

She was lucky. A few weeks later the same man attacked another woman, in the same mall. This time he approached his victim from the back and hit her on the head. This lady suffered a serious concussion, and couldn’t work for . . . [more]

Posted in: Legal Ethics

Sustainability, It’s Not Just About Money: Reflections on Sustainability From the Rural Mobile Law Van

The rural mobile law van began operating in rural Wellington County, Ontario in the summer of 2019 and is now at the mid-point of a three-year extension from 2021 to 2024 in Wellington County and in adjacent Halton Region.[1] Several articles about this project have been published on The Canadian Forum on Civil Justice (CFCJ) web site and on Slaw. This article discusses the sustainability of the Law Van project.[2]

When people think about the sustainability of a legal services project they tend to think first in terms of financial sustainability. Does it cost more than the amount . . . [more]

Posted in: Justice Issues

Law Firm Employees Allegedly Misbehaving Make Headlines

You don’t have to go back far in history to read about the many misbehaviors of law firm employees. Whether the media stories concern the alleged actions of partners, associates or support personnel, there is plenty of fodder to make law firms rethink its hiring practices and firm culture to keep the firm name out of the headlines. Unfortunately, they aren’t always successful in achieving that goal. While we don’t have first-hand knowledge of the details, there are several examples of alleged misbehavior that we can learn from.

Data theft

One major risk for law firms is the theft of . . . [more]

Posted in: Legal Technology

Baby, Don’t Forget My Number (My Mediation Count)

Back in the day, signs posted outside McDonald’s would list the number of customers they had served. While the fast food chain stopped this practice years ago, some mediators are still doing it. My question is why.

What Does the Number of Mediations a Mediator Has Conducted Tell Us?

When it comes to the mediator’s skill and competence, Elton Simoes, President of the ADR Institute of Canada, does not believe a mediation count tells us enough. Simoes says it is important for a mediator to be aware of which types of cases they can be effective in. Not . . . [more]

Posted in: Dispute Resolution

How Law Firms Create (And Should Deal With) Difficult Partners

Recently, I became addicted to watching episodes of “Super Nanny”. It’s not because I wanted to learn how to manage my own children – they’ve long since grown up and are very good contributors to society thank you very much. And it’s wasn’t for variety. The episodes are formulaic: they all contain little hellions that, in the course of the show, go from Tasmanian devils to relatively decent human beings.

After some contemplation, I realized that I was drawn to the program as one coach watching another, and an expert one at that. I was learning from her style, choice . . . [more]

Posted in: Practice of Law

Attending Law School in a Global Pandemic: Reflections on Competency in the “Pandemic Class”

In the 2020-2021 school year, the COVID-19 pandemic forced law schools to shift from deeply traditional in-person pedagogical methods to fully online learning. To say the least, students entering law school in 2020 (the “pandemic class”) had a markedly different law school experience than their pre-pandemic counterparts. From a lack of in-person learning to the challenge of blended work-life spaces, how did attending law school in a global pandemic affect the competencies of students in the pandemic class? Researchers will likely explore this complex question in the years to come. In the meantime, here are some reflections from one soon-to-be . . . [more]

Posted in: Law Student Week, Legal Education, Practice of Law

A Letter From the Daughter of an Over-Stimulated Immigrant

“What does it say? I don’t understand”. Children of immigrants are no stranger to this expression. Especially in circumstances where their parents are scrunching their foreheads to understand legal documents laced with technical complexities. Often, these children are the primary point of contact between their parents and professionals, which ultimately makes them responsible for translating and relaying technical information on behalf of their parents who lack native fluency. It is not uncommon to hear of children as early as six years old reading and translating demand letters, financial statements and court documents for their parents who do not understand the . . . [more]

Posted in: Justice Issues, Law Student Week, Practice of Law

Building the Information We Need (Starting in the Law Library)

If you’d like to skip directly to the Kickstarter campaign, please click here.

When I look at the legal publishing landscape, I see gaps that are not being filled in the existing environment. Some information needs are well addressed; for example, there are excellent platforms to access openly available and commercial case digests, and there are many books on torts. These tools are widely needed and used, so there are clear incentives for commercial and non-profit entities to provide them. In contrast, individual organizations also frequently hire consultants to provide the precise information they need to make decisions . . . [more]

Posted in: Legal Information, Legal Publishing

Re-Imagining the Notion of “Pride” in the Legal Profession

The Path to Pride

The year is 2001. The legal profession in Ontario is in disarray after several law students at the University of Toronto’s law school were caught fraudulently altering their grades to secure prestigious Bay Street summer positions. Many of these students were disciplined. Yet, in the eyes of the legal priesthood, this also necessitated a macro-level response.

Accordingly, some of the profession’s best and brightest were corralled together under the leadership of the then-Chief Justice of Ontario, Roy McMurtry, to define the elements of professionalism for lawyers. Understandably, the Advisory Committee on Professionalism, as it was . . . [more]

Posted in: Law Student Week, Legal Ethics, Practice of Law

From “a History of Exclusion” to “Diversity, Equity, and Inclusion”: What May Have Gone Wrong in the Pursuit of the New Notion of Professionalism

Today, Diversity, Equity, and Inclusion (“DEI”) practices have become indispensable in almost every legal workplace. DEI practices aim to promote a new notion of professionalism, one where individuals from all walks of life enjoy fair treatment and full participation. “Merry Christmas” has become “Happy Holidays”. Profiles of Black and Asian-looking lawyers surge during Black History Month and Asian Heritage Month. Rainbows are slapped onto logos before the pride parades. Land recognitions are performed before major events.

However, do these actions mean this new notion of professionalism is working well?

Where It Starts: DEI as a Departure from a “History of

. . . [more]
Posted in: Law Student Week, Legal Ethics, Practice of Law

Giving Peace a Chance: Pushing Back on a Chilling Russian Censorship Law

Russia is using the law as a weapon against its own citizens to silence all criticism of its unlawful war of aggression against Ukraine. International attention has been focused on Russia’s high-profile criminal prosecutions of independent journalists and opposition politicians. Comparatively little attention is being paid to thousands of dissenters punished with hefty fines under a new censorship law that forbids the “discrediting” of Russia’s armed forces.

One Russian human rights organization, OVD-Info, is pushing back against the law by facilitating the submission of a battery of complaints to the Russian Constitutional Court. The complainants argue that the law against . . . [more]

Posted in: Justice Issues

You Are Where You Eat: The Influence Your Colleagues Will Have on Your Relationship With Legal Ethics

Ethics are the core of the legal profession, guiding lawyers, young and old in their interactions with clients, the public, and the bar. Each jurisdiction maintains a Code of Professional Conduct as a set of rules for lawyers to follow as members of the profession to maintain the profession’s honour and dignity. Much of each Code is open to interpretation and therefore can only form part of a lawyer’s approach to ethical conduct. Every lawyer also relies on their personal ethics, character, and the advice of their mentors, colleagues, and peers.

This short paper will address the challenges of ethical . . . [more]

Posted in: Law Student Week, Legal Ethics

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada