Small ideas on legal practice, research and technology

Add Resources to the Internet Archive

The Internet Archive Wayback Machine allows users to “capture a web page as it appears now for use as a trusted citation in the future”. I’ve mentioned it before since it can be a very useful tool to find information on a webpage that has subsequently changed or been removed.

You are not restricted to using it to access materials that other people have archived. If, in the course of your research, you identify a useful web page, you may want to consider checking if the page has already been archived by the Wayback Machine and—if it is not already …

Posted in: Research & Writing

Further Redundancies

End result
No, just the result.

 Freak accident
As opposed to the deliberate or expected kind?

Directly on point
A case is on point or it isn’t, and you wouldn’t ever say that one was indirectly on point.

Sidebar: in England, it is usual to say that a legal authority is in point, not on point. North Americans do say a case in point, but typically (I think) in non-legal usage.

Exactly the same, one and the same
Just the same.

Oftentimes
I heard this in a meeting recently, but the OED says it’s …

Posted in: Research & Writing

My Favourite Apps – Part I

While smart phones are an increasingly big part of most lawyers’ practices, many lawyers only use their phones for email, text and calls. But there’s so much more you can do! This is the first post in a series on my favourite apps.

I am continually collecting receipts and Genius Scan is a great app for scanning them on the go. Using the camera on your phone, you can scan a single document or a series of documents. Then crop the scanned image or make other edits, including changing the page order. Finally, save the scanned document(s) as a PDF, …

Posted in: Technology

Trite Law

To a layperson, trite means ‘hackneyed’, ‘worn-out from over-use’, ‘lacking freshness’ – as in Greetings cards are filled with trite expressions of cloying sentiment.

To a lawyer (or a law student after about 4 weeks into 1L), trite law means any legal principle that is ‘obvious or common knowledge’ (in the words of that unassailable authority, the Wiktionary).

The expression trite law has an ancient pedigree. Its origins go back to T Pasch’s case (1478) YB 17 E4 Pasch fo 2 pl 2, where Brian CJ says that ‘it is trite law that the thought of man is not …

Posted in: Research & Writing

A New Cloud Computing Guide From the LSS

Cloud.

You’ve heard the term, perhaps wondered what it really meant and maybe even worried about it. ‘The cloud’ is just a marketing term that means the internet. So, if you see the term ‘cloud storage’, it means ‘store your documents on the internet’.

There are many benefits to using the cloud properly. If you pick the right providers, it will be easier to keep, manage and restore backups. You can also seriously expand your office – if you’re careful, you can have access to all your most important files anywhere you have an internet connection. And perhaps most helpful, …

Posted in: Technology

Due To

Riders of the subway in Toronto will be familiar with announcements along these lines: Due to signal problems at Eglinton station, you can expect longer than normal travel times.

You know all too well what this means, but it isn’t quite grammatical.

Due to, usually but not always following some form of the verb to be, properly means attributable to. It needs to be attached to a noun, rather than the vaguer concept of expecting (in the subway example). Due to is frequently misused as a substitute for because of or as a result of.

So, your …

Posted in: Research & Writing

How to Create Your Own Teleprompter

A few years ago, I stopped using paper notes when giving presentations. Instead, I began using my iPad for speaking notes. It seemed easier (and less distracting) to scroll through a single page than flipping through paper notes.

While any note-taking app could serve this purpose, I noticed that the Pages app includes a Presenter Mode option. (This app is automatically included on all Apple devices. So, these instructions would also work with an iPhone.) Once in the Pages app, you can find the Presenter Mode by clicking on the ellipsis in the top-right corner. Presenter Mode turns your speaking …

Posted in: Technology

It’s Not What You Say; It’s How You Say It: Using Typefaces to Write More Persuasively

When drafting documents, the voluminous typeface options at our disposal may sometimes leave us overwhelmed and relying on the safety of default options, such as Calibri in the case of Microsoft’s Office Suite, or Arial for Google’s suite of cloud-based applications. But venturing beyond the confines of the defaults can not only help your documents appear less rote, but can also increase the effectiveness of the underlying text.

A 2013 experiment conducted by the New York Times found that the choice of typeface has a measurable impact on the persuasiveness of the underlying text. The experimented tested six fonts—including Helvetica, …

Posted in: Practice

The Trouble With Terminology

Terminology associated with things like race, ethnic origin or disability, that is. An area fraught with peril these days, not least because the terminology changes – and sometimes rapidly. Forgive me if I put a foot wrong!

Indian is not a term one should use, except in relation to people from India (and I’m guessing people from the West Indies may prefer Caribbean). Having said that, Indian is (for now) a term of art in the Indian Act (‘a person who pursuant to this Act is registered as an Indian or is entitled to be registered as an Indian’, …

Posted in: Research & Writing

Ministry of Labour Employment Standards Act 2000 Policy and Interpretation Manual Update

Guest post by Martha Murphy of the Ontario Workplace Tribunals Library

We have good news for those of you who use the Ontario Ministry of Labour Employment Standards Act 2000 Policy and Interpretation Manual (P & I Manual). The Manual has been updated as of Mar 22, 2019 and the release will be available through our Ontario Workplace Tribunals Library (OWTL) website or it can be requested directly from MOL.

The ESA 2019 Release 1 March 2019 replaces all prior versions. The previous version was ESA 2018 Release 2 July 2018.  Please share this widely with the legal community and …

Posted in: Research & Writing