Small ideas on legal practice, research and technology

Oh, With the Verbing!

Professor Frink says this on The Simpsons, but don’t you do it.

In simple terms, a verb is an action word. Sometimes there doesn’t seem to be a good verb available to express a particular action, so it may make sense to adapt a noun or some other word.

This is often fine, but often not. Herewith, some of the pitfalls.

Noun as verb

In The Sweet Smell of Success, the 1957 film noir classic, Burt Lancaster’s character holds up an unlit cigarette and says ‘Match me, Sidney!’ in a particularly venomous speech directed at Tony Curtis.

An …

Posted in: Research & Writing

Have a Task? Book an Appointment to Do It

When I joined the law firm as a mid-level associate, the managing partner shook my hand and welcomed me. “We’re happy to have you”, he said. “I’m happy to be here”, I said, and asked, “where are my files?” “In your office. You have one hundred to start with.” I walked with excitement and, admittedly, not a little fear and trembling, into my office, fired up my computer, and thanked my lucky stars for joining a paperless firm. Then I clicked on each file from A to Z. Where to start? What to do? Didn’t every file need tasks doing

Posted in: Practice

Coming Into Force of Statute Revisions

One of the (many) confusing things about historical legislative research is the fact that revised statutes don’t necessarily come into force in the year of their citation. For example R.S.C. 1985, which consolidates the text of the statutes in force on December 31, 1984, came into force almost four years later on December 12, 1988. Any changes made after December 31, 1984 to Canadian statutes were published in the supplements to R.S.C. 1985.

Courthouse Libraries BC has put together a list of the in force dates for the revised statutes of the following jurisdictions:

Posted in: Research & Writing

Is That In– or Un–?

The question of –able or –ible a few weeks ago got me thinking of other spelling conundrums. Is a course of action inadvisable or unadvisable?

Either, actually – but usage is changing and now seems to favour inadvisable.

Is there a rule for determining this? Sort of, but it’s not very helpful (like the one for –able versus –ible).

The general rule is where the word is fully English, go with un–.  Example: unwholesome. Where the root is Latin (or more immediately so), the negated form generally takes in–, as in ineffable or …

Posted in: Research & Writing

Need American Case Law? Try Google Scholar

Surprising as it may be, of the available free sources for American case law, there may be none better than Google Scholar.

For starters, check out the main search screen – “Case law” is one of two main searches you can do (alongside “Articles). Once you have selected Case law, you get a list of higher-level courts for all 50 states, all Federal Court circuits, and of course, the U.S. Supreme Court.

From there, it is only a matter of constructing your google search. As always, be mindful of Operators, how to apply Filters, and generally good search

Posted in: Technology

Ask Yourself These Four Questions About Any Digital Collection

Whenever you set out to use any electronic research source, be it a public web search or a specialized database, there are a few questions you should always ask – four to be exact. You may say there are really five or six important questions, or maybe you think there are only three, and that’s ok. But for me, not three but four is the magic number.

So here are my four questions you should always ask, with examples drawn from some of our favourite databases.

1. What is the SCOPE of the database?

Or what is its reach? How …

Posted in: Research & Writing

Are You Intentional About Saving for the Future?

A number of Canadians wait until the last minute to contribute to their RRSP. Perhaps it’s a financial hangover after the Christmas bills have come in or a general avoidance to deal with their finances. Often the RSP investment is made without any real thought on how the investment will be withdrawn to create and income stream in retirement or without considering alternative types of investments such as a TFSA. Before the March 1st deadline ask yourself: have I created a plan to pay as little tax as possible when I start to draw an income from my investments?

Are

Posted in: Practice

Your Queries Answered, Part 3

From the mailbag.

Baffled in British Columbia enquires, ‘I have this feeling that I shouldn’t use “hopefully” in the way that I do. Can you shed some light?’

Let there be light, Baffled.

The standard meaning of hopefully is ‘in a hopeful manner’. Example: The articling student started work hopefully, confident that she would find the answer.

There is a second – and more controversial – sense to the word, when it’s used to mean ‘It is hoped (that)’ or ‘I hope (that)’.  As in, The partner told the associate, “Hopefully, you’ll be finished this task before

Posted in: Research & Writing

Last Night I Dreamed I Was at One of My Old Jobs. I Woke Up to Heaven.

There I was at the office, churning away, berated by my boss, being laughed at, missing meetings, leavings tasks unfinished. Everywhere my heart raced, a test around every corner. Perform or perish – I was perishing. But then the fog of sleep lifted, the grey clouds of my old job giving way to the sunshine of reality. The old job long gone, I breathed in the heaven of the here and now. Sometimes a nightmare is good for the soul.

Perhaps because I love giving advice more than taking it, I often talk to lawyers considering a career change. I …

Posted in: Practice

Finding Cases on CanLII by Name of Counsel

The following is based on a post made by John Sadler of Western University on the CALL listserv.

CanLII does not offer a custom field that permits searching by counsel.  However, there is a technique for finding cases in which a particular lawyer appeared for one of the parties. It relies on the fact that most cases follow a uniform syntax when identifying counsel. For example in a case in which Ms June L. Carter was counsel, the reasons for judgment will say something like the following at the beginning:

               June L. Carter, for the respondent

To search for Ms.

Posted in: Research & Writing