The Ethics of Lawyers Recording Conversations

Canadians’ interest in legal ethics continues to remain very high.  What, then, are the ethics of a lawyer’s secret recording of a telephone call with a client, including the employees of a client? Rule 7.2-3 of the Ontario Rules of Professional Conduct provides: 7.2-3 A lawyer shall not use any device to record a conversation between the lawyer… Read More

Cabinet Confidentiality: Navigating the Procedural Ins and Outs

What is cabinet confidentiality?  How does it restrict what a minister of the Crown can reveal in public discourse?  How can a court, tribunal or parliamentary committee compel disclosure, and how can that process be blocked? Cabinet confidentiality is a feature of Canadian constitutional law derived from Part III of the Constitution Act, 1867, in which… Read More

Talking to the Attorney-General about Solicitor-Client Privilege

Out of the blue, solicitor-client privilege is a meme.  The subject excites legal ethics nerds but is not recommended dinner-party conversation.  Until now. If the public weren’t confused enough by this legal principle, a former Attorney-General hires a retired Supreme Court judge as her legal counsel.  The former minister declines comment to reporters on the… Read More

Is it time to unshackle law schools from law societies?

On December 10, 2018, the Law Society of Ontario chose to stay the course on its dual streams for lawyer licencing.  Apart from a few substantive enhancements such as the requirement for paid internships, a candidate for membership in the legal profession must either article under an approved lawyer or pursue an experiential education program… Read More

The Myth that Lawyers Believe in Equality, Diversity and Inclusion

In case you missed it, the Law Society of Ontario now requires lawyers to prepare and embrace a ‘Statement of Principles‘ regarding diversity in their practices.  I have been critical of the initiative because, at the end of the day, it requires no more than yet another act of lip service to fix real diversity… Read More

Did Politics Trump Justice Zabel’s Sentence?

Yesterday, the Ontario Judicial Council sentenced Justice Bernd Zabel, a trial judge sitting in Hamilton, to a 30-day suspension without pay for having brought a Donald Trump “Make America Great Again” cap into court the morning after the 2016 U.S. presidential election, and for telling the public assembled in court that he had “voted” for Mr. Trump… Read More

Resolving R. v. Jordan linguistically: Why the dissent was right

It was the most significant Supreme Court of Canada decision of 2016, and it continues to dog the justice system.  Last July, R. v. Jordan set 18 months as the presumptive ceiling for criminal cases in the provincial courts, and 30 months in superior courts (or cases in provincial courts after a preliminary inquiry).  Canadian courts do… Read More

The Trial of Hillary Clinton, the Lawyer and Woman

“The episode is one of … America’s most notorious cases of mass hysteria. It has been used in political rhetoric and popular literature as a vivid cautionary tale about the dangers of isolationism, religious extremism, false accusations, and lapses in due process.” No, this is not a future historian’s description of yesterday’s election of the… Read More

Originalism as misnamed judicial legacy of the Scalia years – 1986-2016

Yesterday, in The Supreme Battle, Canadian constitutional scholar Adam Dodek described a side of the late Antonin Scalia, that few even in the legal community hardly ever saw: a U.S. Supreme Court justice willing to subject himself to honest intellectual debate among peers, even once with Canada’s former Supreme Court justice and champion of legal pragmatism, Ian Binnie. Dodek nevertheless… Read More

From Law Office to lawPod : The Apple-ization of McCarthys

Yesterday’s Globe and Mail reported, in ‘McCarthy Tétrault’s Tracie Crook leading firm’s radical transformation,’ that the day of the partner’s corner office may one day be relegated to history.  By inverting the traditional office, partners will now occupy fish tanks in the middle of the office, surrounded by exchangeable stations in an open concept work space for… Read More