In Canada there are companies that provide “litigation financial services” for personal injury, class actions and many other types of claim. These “Plaintiff’s Loans” are generally up to 10% – 20% of the value of the claim. No payments of principal or interest are required until the settlement or judgment is paid. If the amount recovered is insufficient to repay the loan, some lenders hold the borrower liable for the balance. Other lenders make non-recourse loans in Canada.

The loans made by these Canadian companies are frequently to personal injury plaintiffs and in the region of $10,000 – $20,000.

In . . . [more]

Lest anyone have forgotten Rule 1.6 of the ABA Model Rules, here it is – and similar rules apply everywhere:

Rule 1.6 Confidentiality Of Information

(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:

(1) to prevent reasonably certain death or substantial bodily harm;

(2) to prevent the . . . [more]

Following my post earlier this week about the injunction obtained in New York, lawyers for the movement brought their own respective motions in B.C. and Ontario.

Associate Chief Justice Anne MacKenzie of the B.C. Supreme Court ruled on Friday that the protesters must leave the Vancouver site by tomorrow, and a similar injunction was granted in Victoria.

I attended the motion in Toronto on Friday, where the judge has reserved his decision until Monday. Justice Brown was extremely accommodating to members of the media, allowing non-disruptive recordings of the proceedings and the use of electronic equipment, including social media. . . . [more]

Reading some posts and tweets (p&t’s?) on standards for legislation and opinion metadata lately, I was surprised to bump into a side-issue, “side” at least in this context, on whether the US Bluebook can have copyright in its citation styles. Apparently some development of legal style at Zotero has been hindered because of objections from Bluebook. See this contribution to a discussion on the Zotero forum on September 18, 2011:

Hi, I’m the author of the “Bluebook 19th ed.” style. The style itself is incomplete, which is the cause of the “bb-periodical-subsequent” string that you’re seeing in the output.

I

A recent working paper by Mark K. Osbeck of the University of Michigan Law School, proposes a framework for understanding, and teaching, good legal writing.

Available via SSRN, What is “Good Legal Writing” and Why Does it Matter?, the paper provides an overview of the major reports and other documents that have called for increased attention in US law schools to practical “lawyering” skills, starting with the MacCrate Report of 1992. It then provides a conceptual framework for defining good legal writing, and a detailed discussion of its various elements:

[The paper] argues that legal readers judge a document

I recently posted about hyperlink being legally defined and that got me ta thinkin’, in terms of Internet innovations has the hyperlink been topped? In many respects one could assert that the hyperlink is the Internet as we know it today. Yes, I know that the ‘Net is an interconnected web of computers etc. etc. but in terms of modern usage of the ‘Net, absent the hyperlink most would not recognize the Internet, and we would all know far more command prompts.

In doing a bit of research it seems that the term “hyperlink” has been around since the . . . [more]

Well today is Friday, and if our friends at CanLII have predicted correctly, they will soon be delivering more than one million search results!

Congratulations to everyone involved in making CanLII happen. It’s quite a milestone! . . . [more]

There’s a new source of stimulating sound this month: Audiofile.es. “Great radio,” says part of its tagline, and they want you to be a programmer as well as a listener.

The idea is simple crowdsourcing: If you come across an interesting audio file while you’re browsing the web, tweet the link with the tag #audiofiles and Audiofil.es will automatically add it to their database. Not only can you feed your finds into the mix, but you can also easily create playlists for yourself when you’re on the Audiofil.es site.

What sort of things are already there? The topmost “producer . . . [more]

This is a post in a series that is by now regular, 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.

The Incorporated Council of Law Reporting is an interesting publisher, established in 1865 by the legal profession in Great Britain, to bring some order to the then somewhat chaotic world of law reporting. Before this time, English law reports, now known as Nominate Reports, were produced on an individual basis by barristers, with a series lasting from one or two volumes, to the working life of the author barrister. Series varied in standard, layout and structure.

The ICLR oversaw the introduction of an orderly reporting system with the creation of The Law Reports, as the series that would report judicial . . . [more]

In a report released this week, a Royal Society of Canada Expert Panel proposes that assisted suicide and voluntary euthanasia should be decriminalized for competent individuals who make a free and informed decision that their life is no longer worth living.

The panel concludes:

1. That there is a moral right, grounded in autonomy, for competent and informed individuals who have decided after careful consideration of the relevant facts, that their continuing life is not worth living, to non-interference with requests for assistance with suicide or voluntary euthanasia.
2. That none of the grounds for denying individuals the enjoyment of their moral

Site news for those who read Slaw only via RSS or email

1. Comment Watch:

In the last week there were 56 comments. You might be particularly interested in these:

• the 15 comments on Yosie Saint-Cyr’s post “Should the Government Make Remembrance Day a Public (Statutory) Holiday?”, which surface concerns about militarization and whether the point is to have a holiday.
• the extended exchange between David Cheifetz and guest blogger Erik Magraken on his post, “Tort Reform For The Better: Adding Liquidity to Dry Judgements.”
• the debate following Gabriel Granatstein’s post, “Mandatory Union Awareness Training at Apple”

You can subscribe . . . [more]