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Archive for ‘Research & Writing’

We Continue to Have an Apostrophe Problem

Tweets, like text messages, are often composed on the fly (as we know from painful experience emanating from the country to the south).

This, plus their brevity and informality, may sometimes excuse lapses in grammar, spelling and punctuation.

One apostrophe error in an isolated tweet could just be a typo, but when a managing partner of a Toronto firm (which shall remain nameless) tweets these within the space of 24 hours, there is clearly a larger issue:

·         Lets roll even higher in 2020

·         Hat’s off to the workers

·         Hows this one …

Remedial training is available, managing …

Posted in: Research & Writing

Finding Annual BC Statutes

A holiday treat for those of us who carry out British Columbia legal research: BC Laws has just added historical BC annual statutes dating back to 1858. You can find them at http://bclaws.ca/civix/content/hstats/hstats/?xsl=/templates/browse.xsl. Up until now, BC’s annual statutes were not available freely online in any format.

Susannah Tredwell

Posted in: Research & Writing

Endangered Species Alert: Correct Use of the Apostrophe

You may have seen the news that John Richards, the founder of the Apostrophe Protection Society, has decided to call it quits after 18 years of fighting for the correct use of the troublesome punctuation mark.

Part of the reason is that Richards, a retired journalist, is 96 and needs to scale back his activities.

But he also feels that ‘ignorance and laziness have won’, his efforts over the years having proved so much tilting at windmills.

He may have a point: my phone’s autocorrect feature assumes that its must always be it’s, and I routinely encounter things like …

Posted in: Research & Writing

Terms for Associates Who Won’t Make Partner but Who Are Allowed to Stick Around

The old, Darwinian rule for associates was ‘up or out’, meaning that if you weren’t going to be asked to join the partnership, you’d be more or less politely shown the door.

Some firms still do it that way, but not all. Terminology varies, but the most common term in my neck of the woods for someone who’ll never have a corner office is Senior Associate.

Counsel is also used for associates not on the partner track, but also for lawyers past retirement age but still profitable or prestigious enough to keep on board. Counsel is also used for …

Posted in: Research & Writing

‘This Matter Is Very Confidential’

This cautionary note was included (in red, boldface type!) in one of the e-mail notices that go round at my firm, notifying lawyers of prospective clients and asking if there would be any conflicts in acting for them.

Some matters may be more sensitive or interesting or salacious or newsworthy than others, but as a matter of law and legal ethics they can’t be more (or less) confidential.

As lawyers we owe the same duty of confidentiality to each client, and the standard is as high as it gets.

As a matter of English grammar, the very confidential warning is …

Posted in: Research & Writing

Finding Federal Orders in Council

Thanks to Jason Wong of McCarthy Tétrault LLP for the inspiration for this tip.

The Privy Council Office has created an online database that allows users to search for federal Orders in Council (OICs) made between 1990 and the present. 

If you cannot retrieve your OIC from the database, you can request it by emailing the Privy Council Office directly at oic-ddc@pco-bcp.gc.ca. If the OIC is available, it will be emailed directly to you (usually within one working day); if not available, you will have to check with Library and Archives Canada (LAC). 

LAC has digitized microfilm copies of …

Posted in: Research & Writing

Plain Language for Lawyers

My discovery of Richard Wydick’s Plain Language for Lawyers was serendipitous.

I had started sending out weekly writing tips by e-mail at my firm and was in constant need of new material (and I still am).

Someone on my street had left a box of books at the kerbside, for passers-by to take what appealed to them. On the top of the pile was the fifth edition of Wydick’s excellent book.

Its messages are simple and important:

  • omit surplus words
  • use base verbs, not nominalisations
  • prefer the active voice
  • use short sentences
  • arrange your words with care
  • choose your words
Posted in: Research & Writing

Thanks!

I used to work with someone who might fairly be described as curmudgeonly.

This person detests people who reply to an e-mail with a one-word Thanks.

Needless replies are a bit annoying, but it’s also hard to know when to terminate an e-mail exchange.

The advice I give to law students in my seminar on e-mail in a professional setting is to err on the side of politeness, especially in relation to more senior peeps.

Even at the risk of irritating a curmudgeon.

Neil Guthrie (@guthrieneil) …

Posted in: Research & Writing

Fancy for the Sake of Being Fancy

‘Keep it simple’ is good advice – but advice that many lawyers fail to heed.

As soon as I am able
Seen in automatic out-of-office e-mail replies or heard on voicemail.

There is nothing wrong with as soon as I can, and it certainly sounds less pretentious.

For the avoidance of doubt
This phrase is pompous, no doubt about that.

It also indicates that you needed to explain things better in the first place.

Don’t admit failure: avoid it.

Iteration
Someone recently e-mailed me the latest iteration of the presentation.

So much fancier than a good old draft

Posted in: Research & Writing

Finding Information About Private Acts

“Private acts” are acts that are passed to deal specifically with the private interests of a person, company, or organization; for example the Acme Assurance Company Incorporation Act, S.C. 1931, c. 71 is a private act. Private acts can be found both federally and provincially. 

One challenge with researching private acts is that they may not be consolidated in their jurisdiction’s Revised Statutes. If this is the case, a researcher will have to pull the original act (which may be quite old) and any subsequent amendments, and produce a consolidation manually. On the plus side, private acts tend not …

Posted in: Research & Writing