David S. Caudill, “Lawyers Judging Experts: Oversimplifying Science and Undervaluing Advocacy to Construct an Ethical Duty” (2011) 38 Pepperdine Law Review 674

Electronic copy available at: http://ssrn.com/abstract=1874947

The fact that judges, typically untrained in science, need to “resolve disputes among respected, well-credentialed scientists about matters squarely within their expertise,” a “daunting task,” seems to suggest that lawyers could too. But judges do not always agree on the admissibility of expertise, and discerning reliability has proved to be controversial. To expect attorneys—and this is what the proponents of a duty to vet experts expect—to do sufficient scientific research

Libraries, and especially public libraries, are routinely an early target of budget cutting initiatives. It seems HR pros and other administrative types typically have not personally experienced how valuable sustained contact with high quality reading material is.

Where closing libraries is unpalatable, Librarians are fired. After all, the common perception of librarians is that “Librarians check out books. They read a lot. They tell people to be quiet.”

But libraries can’t run themselves, and more crucially, Librarians teach, by example and by the collections they build, how to detect BS. And lawyers, having spent a lot of time . . . [more]

Over at the Small Firm Innovation blog there’s been a number of terrific posts with some of the legal industry’s top minds sharing their thoughts on time management.

Niki Black kicks the discussion off with a discussion of how the just-released iPhone 4S’s digital assistant Siri can be used to more efficiently manage our time. Niki describes how Siri’s voice recognition facilities not only allow iPhone 4S users to efficiently and easily create appointments, tasks to help with managing their time, but how they can save time by dictating these items while we would otherwise be unproductive (such as while . . . [more]

The Osgoode Society for Canadian Legal History held a book launch in Convocation Hall yesterday evening. Four new titles were added to the Society’s roster of over eighty titles published since the Society was launched in 1979.

The annual event was presided over by its founder and president, Roy McMurtry. It was attended by numerous legal luminaries with an interest in legal history, including most notably Andromache Karakatsanis, the newly appointed Justice of the Supreme Court of Canada. Legal history really does have cachet after all.

As in previous years, the Osgoode Society continues to demonstrate its interest in a . . . [more]

Public Law at the McLachlin Court: the First Decade, co-edited by David A. Wright and Adam Dodek, Ottawa law prof and brand new blogger at Slaw, has just been published by Irwin Law.

Dodek and Wright have made the introductory chapter available on SSRN, so you can get a feel for the scope and tone of the book.

From that introduction:

This book focuses on con­stitutional and administrative law decisions rendered in the first decade of the McLachlin Court. It includes contributions in both English and French from leading scholars who examine the Court’s legacy in areas

Given the increasing level of globalization in the world today there continues to be considerable interest in trade with emerging markets like China.

Dan Harris of the China Law Blog provides a recommended list of English reading on commercial law in China:

1. The Legal System of the People’s Republic of China in a Nutshell

2.  Chinese Commercial Law: A Practical Guide.

3. China Law Deskbook, A Legal Guide for Foreign-invested Enterprises.

4. Understanding Labor and Employment Law in China

5. Patent Litigation in China

5. Environmental Law in China: Mitigating Risk And Ensuring Compliance

6. Anti-Monopoly Law . . . [more]

The Federal Courts Rules Committee has asked that the Discussion Paper on a possible global review of the Federal Courts Rules should receive wide distribution to members of the public and the profession. The final version of the paper has been posted in both official languages on the web sites of the Federal Court of Appeal and the Federal Court.

For Slaw readers the most interesting issue under discussion is

advancements in information technology are encouraging more and more litigants to become actively involved in the litigation process, even if they do not ultimately seek to represent themselves before the

The OIPC BC released Guidelines for Social Media Background Checks yesterday. The Guidelines were developed “to help organizations and public bodies navigate social media background checks and privacy laws.”

The Guidelines outline the privacy risks associated with the use of social media to screen and monitor current and prospective employees, volunteers and candidates, including:

The collection of potentially inaccurate personal information;

The collection of too much or irrelevant personal information;

The inadvertent collection of third-party personal information; and

The overreliance on consent for the collection of personal information that may not be reasonable in the circumstances.

The Guidelines also provide . . . [more]

Recently, I had occasion to look at the speeches and presentations made by members of ultimate courts of appeal – the Supreme Court and its equivalents. And Canada ranks somewhat disgracefully last in terms of making the speeches publicly available.

Eugene Meehan has monitored the court too for speeches and presentations, but his pickings are similarly slim in recent years. . . . [more]

The following article by Nora Rock appears in the Fall 2011 issue of LAWPRO Magazine.

At LAWPRO, we’ve seen a growing proportion of incivility allegations cropping up in claims. For example, lawyers may find themselves personally liable to pay a party’s costs under Rule 57.07 (Rules of Civil Procedure) where the court has found that the lawyer’s actions contributed to running up the bill.

Incivility can also lead to other consequences. The client’s case may be prejudiced because the lawyer is unfavourably viewed by a jury; or a prospect of settlement may evaporate in the face of a lawyer’s . . . [more]

The Fall 20011 issue of LAWPRO Magazine features an article called Let’s Get Talking, in which LAWPRO canvassed a number of people inside and outside the legal profession on the topic of client engagement and communication. What we learned is that there is often a problem with the way lawyers communicate with their clients. Communication is integral to the client experience, and a bad customer experience often defaults into an allegation of communication failure (the source of almost half of LAWPRO claims costs).

The end of the article features a summary of tips from the experts we spoke to . . . [more]