Three unrelated thoughts on law and honour. . . . [more]

Of the many challenges facing trial judges, one of the greatest is conducting proceedings with a self-represented accused. Invariably the self-represented accused comes to court with only a rudimentary knowledge of the trial process, often influenced by misleading depictions from television shows and the movies. He or she is unfamiliar with the substantive law, is confused by procedural requirements, and has difficulty grasping concepts such as relevance.

The burgeoning number of self-represented accused in the criminal courts may be explained by cut-backs to legal aid funding across the country, the cost of legal services, mental health problems that make it . . . [more]

Lawyers will always be free to decide how they chose to practice law; the market will, however, decide who the winners and the losers are. Winning in e-discovery increasingly means adopting lean, efficient business practices. These practices include (but are not limited to) using project management and appropriate measures of quality to reduce cost and to mitigate risk.

This powerful statement is from the Sedona Conference’s Commentary on Achieving Quality in the E-Discovery Process. The drafters of the Commentary argue for the application of formal project management methodologies by lawyers. This is a short endorsement of this argument, with . . . [more]

Many lawyers assume that the Court process is unable or unwilling to take advantage of available electronic technology. Sometimes they are correct.

The problem is often one of communication. In many Ontario centres the lawyers are unaware until the last moment of who will be presiding over their case; and most often judges are unaware of the cases they will be asigned until the day before the hearing or trial. Many judges (myself included) will ask during a pre-trial or management session just what preparation has been made by the parties to reduce the use of paper. Too often that . . . [more]

At issue in the GasTOPS trial was the development and sale of a software program for the computerized maintain of jet engines and aircraft. The benefits of a Computerized Maintenance Management System are that it reduces maintenance mistakes while at the same time reducing labour costs.

When I fly on an airplane or ride on a train I am encouraged to buy my ticket online. I recently was at my family doctors office and instead of a thick file of handwritten notes covering 35 years of attendances, test results and prescriptions, she brought up my file on a monitor in . . . [more]

♫ And gazing down from yonder,
On a world of blue and green,
He’ll say with eyes of wonder,
I have seen, i have seen,
My eyes have seen…♫

Lyrics, music and recorded by Chris de Burgh.

A lawyer friend of mine told me about his recent use of his new Sony Reader in Court. No, this wasn’t to read books while waiting to speak in Chambers! He is using it in direct and cross-examination in court and I thought it would be of interest to the readers on Slaw. So with no further ado, here it is in . . . [more]

Wired magazine is reporting what is probably the first instance of functional magnetic resonance imaging (fMRI) used in a courtroom. The brain scan of a Chicago man accused of raping and killing a 10-year-old girl was used to demonstrate that he was a psychopath and should not be given the death penalty.

Although we don’t have the death penalty in Canada, some would also argue relevance because we barely have MRIs here as well. As Forbes Magazine was fond of stating last year,

Pittsburgh has more MRI machines than Canada.

The Canadian Institute for Health Information (CIHI) points out that . . . [more]

I have been a judge of the Superior Court of Justice for 4 1/2 years. In that capacity, I am asked to preside over a wide variety of cases and hearings which include criminal jury trials, criminal non jury cases, family law trials and motions, civil motions and trials, and a number of other issues.

From the outset, I decided to use my computer in all judicial proceedings where I was presiding for a number of reasons. First, I am left handed and do not write quickly. When I was a lawyer, note taking was always problematic for me because . . . [more]

Everybody wants their 15 minutes of fame, and this week there was plenty of recognition to go around — both in the biotech community and in the legal community.

The FDA, famous for restrictive rules on communications, is having a hard time adjusting to current internet trends, leading to some controversial decisions about Google search ads. Trying to do better, FDA held a two-day hearing about the use of the internet and social media for online drug marketing so it can calibrate its decisions for a new era. Rule-making will follow at the old era pace, though.

Simon Fodden . . . [more]

The prospect of Tesco or the Co-op owning a law firm or offering legal services had leader writers in the English legal press in a tizzy, but the Legal Services Board today produced a complex consultation document on Alternative Business Structures which sets out eligibility tests for significant equity investments in firms providing legal services. . . . [more]

It’s a law student’s dream – or maybe a nightmare. Law firm recruiters scouring social media networks to find an appropriate candidate for their firm.

The current recruitment process does little to reveal the personality, collegiality, drive and habits of applicants. It does nothing to demonstrate their business connections, an important quality for “finders,” or political involvement, for firms that engage in lobbying and government relations.

The majority of law students do spend hours on social media platforms, usually behind walled gardens that they think are impermeable, so why wouldn’t law firms go where they are? We’ve already . . . [more]

On the 22nd of October 2002 the evidentiary phase of GasTOPS v. MxI commenced in a regular courtroom in Ottawa Ontario. On March 23, 2006 after approximately 300 days of hearing and after approximately 2800 exhibits (70,000 pages) were entered into the record I reserved my decision. Over the next 20 months counsel submitted their written submissions (3500 pages). On September 25, 2009 I released my Reasons for judgment wherein I granted the plaintiff judgment against the defendants in the amount of approximately $11.1 million dollars.

The trial was conducted in a paperless environment and the trial record consists of . . . [more]