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 Bubble: A Profession in Crisis
Steven J. Harper
New York: Basic Books, 2013

Excerpt from the Introduction chosen by the author.

INTRODUCTION

When I applied to law school in 1975, the nation was recovering from a severe and prolonged recession. Even so, I always assumed that I’d be able to make . . . [more]

Though my column focuses on legal information, in the United States legal education is intimately bound up with the trends in legal information. LEXIS and WESTLAW maintain a stranglehold on the marketplace by heavy investment in law school training. By putting boots on the ground in the form of dedicated training representatives, student advisors and, of course, free access 24/7 to the relevant systems, the big commercial data bases win hearts and minds. New law students are highly energized and very impressionable. What they find upon arrival in law school is, as far as they see it, the way things . . . [more]

UPDATE: The hyperlink to the study was changed by the Project and has now been updated here. The hyperlink to the executive summary remains broken. (September 12, 2013)

The National Self Represented Litigants Project headed by University of Windsor prof Julie Macfarlane has released its report, “Identifying and Meeting the Needs of Self-Represented Litigants.“. There is also available an executive summary of the report.

The Project interviewed 283 self-represented litigants from Ontario, Alberta and British Columbia, as well as 107 providers of advice or other legal service.

Despite the presence of a large amount of online information relevant . . . [more]

What do readers think about wearable computing? Is it cool or creepy? Where is the technology headed? What legal or other issues might arise from it?

I’m thinking about this because I find the intersection of technology and law interesting, and I’ve been asked to speak about it this fall. Google Glass privacy concerns is a popular topic today, especially around the issue of the ability to record and save images and video, and what might happen with all that. In addition to Google Glass we are seeing the debut of the smartwatch. The Pebble was a very successful . . . [more]

I did a quick and unscientific bit of research a couple of days ago, comparing use of the terms non-lawyer and non-doctor in the Twitter-verse.

It seems that for the most part (on that day, at least), recent tweets referencing “non-doctor” were focused on the television serial, Doctor Who. I noted a few exceptions, pointing to other related professions, especially physiotherapists, but those tweets were from tweeters who did not appear to represent the medical profession, and in fact, appeared to be part of the client-group.

On the other hand, I found references to “non-lawyer” only in tweets from lawyers, . . . [more]

Canada is far from perfect when it comes to its domestic human rights record. Obviously the scale and gravity of concerns do not compare with tragedies unfolding in countries like Syria or the Democratic Republic of Congo, the threat to survival faced by so many of Colombia’s Indigenous nations or the relentless discrimination women endure in Afghanistan. But the concerns are nevertheless very real and longstanding, ranging from the alarmingly high and entrenched levels of violence experienced by Indigenous women to punitive new immigration detention laws; from the failure to tackle homelessness in the country to national security practices that . . . [more]

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed on CanLII and we give you a small sense of what the cases are about.

For the week of May 1 – 8:

1. R. v. Duncan 2013 ONCJ 160
   

   5. At heart, Mr. Duncan’s case was unremarkable. A minor alleged Highway Traffic Act offence led to a police-citizen interaction in the parking lot of Mr. Duncan’s apartment building in the wee hours of the morning. A request that Mr. Duncan produce his licence led to an alleged refusal, which led to an

Dr. Sonia Lupien, a neuroscientist, shared 60 minutes on understanding the beast of stress. Her premise is that if you understand someone, you can deal with it.

I understand stress from the user perspective. Like using a computer, I didn’t know what the silicon in the chips was for. Dr. Lupien gave CALL Conference attendees useful information in a humorous way.

First: Stress is not time pressure.

If stress was time pressure, it would not exist when you have to go to the dentist or if we have someone close to us dealing with an illness.

Second: Stress has nothing . . . [more]

In R. v. Neil, Justice Binnie stated that the duty of candour was an aspect of the duty of loyalty. As Justice Binnie put it, an aspect of the duty of loyalty is

a duty of candour with the client on matters relevant to the retainer

The fiduciary duty of candour was the basis for the earlier decision of the Supreme Court of Canada with respect to physicians in McInerney v. MacDonald,

While not previously said quite so plainly, it has long been clear that fiduciaries owe a duty of candour to their beneficiaries. As the B.C. Court . . . [more]

My last post discussed how parties are able to essentially “buy time” in our civil justice system. By simply refusing to carry out the next procedural step, defendants can relatively easily grind a proceeding to a halt for a year. The cost sanctions against first offenders on relatively straight forward procedural motions are often light.

I identified what I believe to be two contributing factors which enables this to occur. The first is that lawyers practicing in Toronto know that it takes a long time to get a court date. The second is that the court seems hesitant to sanction . . . [more]

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on technology, research and practice.

Technology

Have you ever forgotten the password on your router? Hate when that happens! But don’t fret it, with routerpasswords.com you have no worries. If you forget your router’s password and want to reconfigure it, you must reset it. Doing this will reset all settings to factory defaults, including the administrator password. Next, visit routerpasswords.com and enter your router’s make and model . . . [more]

♫ There’s a Law, there’s an Arm, there’s a Hand
There’s a Law, there’s an Arm, there’s a Hand… ♫

Words, music and lyrics by Leonard Cohen.

Lawrence Lessig wrote a very famous book called Code is Law (now in version 2 simply called Code v2). In these books, Lawrence (and here I am guilty of oversimplification but at least I can claim that this is Lawrence’s own oversimplification from his web site describing the books):

More than any other social space, cyberspace would be controlled or not depending upon the architecture, or “code,” of that space.