The Vanishing Trial: The Era of Courtroom Performers and the Perils of its Passing

In the “Vanishing Trial: The Era of Courtroom Performers and the Perils of its Passing”, trial lawyer Robert Katzbergreminds readers of the importance of the jury trial, why it is in danger of vanishing, and what makes a good trial lawyer. His arguments are grounded in stories from his experience of being a trial lawyer for … Continue reading The Vanishing Trial: The Era of Courtroom Performers and the Perils of its Passing

Retired Judges: When Does Advocacy Begin?

In the Macleans’ article “Talk to my former Supreme Court judge“, the arms race to have a retired Supreme Court of Canada judge bless your position is discussed. Shannon Proudfoot of Maclean’s writes: [I]t emerged that retired Supreme Court judge Frank Iacobucci was acting as legal counsel for the Quebec engineering giant as it sought … Continue reading Retired Judges: When Does Advocacy Begin?

Should Judges be Allowed to Block Followers on Twitter?

Many new judicial appointments are former lawyers with active social media accounts, including Twitter. Assuming that judges should be allowed to use Twitter, what are the rules? The National Judicial College posted useful rules here. The recommendations include: not engaging in ex party communications, not giving legal advice, not conducting independent judicial investigations, and not … Continue reading Should Judges be Allowed to Block Followers on Twitter?

Should Social Media Use by Judges Disqualify Them From Being Considered for a Supreme Court Nomination?

With Supreme Court Judge of the United States Anthony Kennedy announcing his retirement, there are a host of potential nominees. Included in this list is Justice Don Willet of the Fifth Circuit Court of Appeal. ABC News contends that some people are taking issue with his potential nomination because of his use of social media. … Continue reading Should Social Media Use by Judges Disqualify Them From Being Considered for a Supreme Court Nomination?

Should Judges be Defending Themselves in the Media?

In “Opinion: A free press must not undermine fair administration of justice“, Chief Justice of the Supreme Court of British Columbia Christopher Hinkson addressed two opinion pieces by reporter Ian Mulgrew (Cotton v. Berry and Cambie Surgeries Corporation v. British Columbia). Justice Hinkson argued that the articles by the reporter undermined democracy by arbitrarily casting the … Continue reading Should Judges be Defending Themselves in the Media?

The Macklowe Trial

In September the divorce trial began between billionaire Harry Macklowe and wife Linda Macklowe. Before the trial began, Manhattan judge Justice Laura Drager issued a warning. Telling the litigants that “Your personal lives, your business, your assets, everything will be displayed for everyone to see… What I foresee is a very difficult, extended trial.” The … Continue reading The Macklowe Trial

Don’t Speak: Is the Media Under Attack?

The press speaks truth to power. And in doing so, helps uphold the rule of law. But what happens when people can sue publications into bankruptcy – effectively silencing them. Should that be allowed? Should wealthy people or corporations be able to silence publications they don’t like? In the documentary, “Nobody Speak: Trials of the … Continue reading Don’t Speak: Is the Media Under Attack?

Diamond & Diamond: More Questions than Answers

Last week Diamond & Diamond was unmasked by the Toronto Star Reporter, Michele Henry. She unveiled lewd text messages between lawyer Jeremy Diamond and a staff member and revealed that the firm operated mostly as a referral service. Meaning that the firm advertised to the public and then referred the cases to other law firms … Continue reading Diamond & Diamond: More Questions than Answers

Should the Courts Have a Spokesperson?

The internet has democratized criticism. Anyone with a Twitter account, Facebook account, LinkedIn account, etc can voice their opinion. And with it has come greater mistrust of our courts. Some of it unfounded. In “Justice Understood”, Patrick McCann gives the examples of the Ghomeshi and Duffy trial. “When Ghomeshi and Duffy were each eventually acquitted, the … Continue reading Should the Courts Have a Spokesperson?

Living in a World of Words

Lawyers live in a world of words. Precision is key. And so, it is the very bending of those words that turns an honest story into a distorted story. An example of a distorted story is the Amber Heard – Johnny Depp saga. It was a tale of “he said – she said”. All played … Continue reading Living in a World of Words