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Friday, August 09, 2019 @ 2:28 PM

Champerty in third-party litigation funding darkfacebehinddollars.jpg

The standard rule in Canadian civil litigation is that the loser pays a portion of the legal costs of the winning side. Such a rule does not make sense for class actions, including employee class actions. There is a single plaintiff in court who represents a large class of persons — the representative plaintiff. No sane representative plaintiff who might stand to gain $100 from the success of a class action is going to expose himself to the risk of an adverse cost award that could be over $1 million. ... [read more]

Thursday, August 08, 2019 @ 1:19 PM

How blind spots affect judgment in everyday legal practice Two heads grey

This is the final part of a three-part series discussing how cognitive biases and heuristics can affect everyday legal practice. Part one discussed the well-known concept of anchoring. Part two dealt with the concepts of framing and the illusory truth effect. This final chapter addresses the concept of “irrational escalation” and the “bias blind spot.” ... [read more]

Thursday, August 08, 2019 @ 11:36 AM

The man with the newspaper | Ron Dalton

One day a man gave me his used newspaper to read, he did the same for each of the next five days, hardly a monumental act of kindness but one which had an immediate and lasting impact on my life. It was the summer of 1988 and I had just been arrested for the murder of my wife, the mother of our three young children. I was sitting in a holding cell of the local RCMP detachment in a small rural Newfoundland town. ... [read more]

Tuesday, July 30, 2019 @ 2:36 PM

Coming to courtrooms near you: ‘Mulligan’ doctrine | Lawrence David

A quirky common law doctrine has been bubbling in the lower courts and, thanks to the Supreme Court of Canada’s (SCC) endorsement, is poised to hit the Canadian legal mainstream: this is the “mulligan” doctrine.   ... [read more]

Monday, July 29, 2019 @ 2:05 PM

Power of framing, illusory truths in everyday legal practice twoheadsteal

This is the second part of a three-part series discussing how cognitive biases and heuristics can affect everyday legal practice. Part one discussed the well-known concept of anchoring. This second part discusses two further concepts: “framing” and the “illusory truth effect.” These concepts are particularly relevant to effective advocacy. ... [read more]

Wednesday, July 24, 2019 @ 2:36 PM

Cognitive biases, heuristics in everyday legal practice Two blue heads

Given our profession is one that operates in a system that, quite literally, is defined by decisions, scientific research about decision making can have profound implications on the practice and the study of law. ... [read more]

Friday, July 19, 2019 @ 2:16 PM

Emojis are law, says U.S. justice system Emojiline

In an article reported in CNN Business, legalites in New York began to discuss the increasing presence of emojis in court cases. Specifically, emojis such as hearts from managers and C-suite executives, and threatening emojis depicting violent tools, like knives, could potentially constitute evidence of sexual harassment or violence. ... [read more]

Thursday, July 18, 2019 @ 1:58 PM

More outreach, less paper to be focus of Alberta Court of Queen’s Bench: annual report

Alberta’s Court of Queen’s Bench is looking to increase accountability, harness new technologies and reduce its reliance on paper as it looks to its future. ... [read more]

Tuesday, July 09, 2019 @ 9:18 AM

Marriage of Big Law and alternative legal services electronic_legal_sm

If you can’t beat them, join them. Or better still, have them join you. Is that, perchance, the evasive formula for satisfying the ever-more complex expectations that clients and in-house counsel have of their law firms? ... [read more]

Friday, July 05, 2019 @ 2:35 PM

France prohibits case analysis using deep learning Gears inside head

Algorithms can rewrite themselves through a process called deep learning. Our limited ability to fully understand and control how deep learning algorithms function have led some jurisdictions to consider how to limit the use of new artificial intelligence technologies. Last month, France amended Article 33 of the Justice Reform Act, making it illegal to use a judge’s name for the purpose or effect of evaluating, analyzing, comparing or predicting his or her professional behaviour. ... [read more]