140 Law - Legal Headlines for the Week of October 19, 2015

Here are the leading legal headlines from Wise Law on Twitter:

• The Canadian War on Science: A long, unexaggerated, devastating chronological indictment
• Police drove Rob Ford home, didn't charge him with impaired driving: ex-chief of staff
• Secrecy to continue when complaints are raised against judges | Toronto Star
• SCC upholds B.C.’s automatic roadside suspensions regime
• Illinois Adopts Duty of Technology Competence; Is Now 15th State To Do So
• Oscar Pistorius to be released from jail
• Wayne Simmons, used by Fox News for analysis, lied about CIA career: prosecutors - World - CBC News
• Unpaid internships demand more action to prevent exploitation of young: expert - Toronto Star
• Decision unduly limits political rights of prosecutors: lawyers’ union
• Bell Canada pays $1.25M penalty to settle app rating case
• Bell Canada pays $1.25M penalty to settle app rating case
• Eugenie Bouchard files lawsuit over fall at U.S. Open
• Abortion at the US Supreme Court’s Door
• Shafias say 'cultural stereotyping' affected their "honour killing" trial, appeal for new one
• The Upcoming Federal Election and the Supreme Court of Canada
• Gun Retailer Found Liable for Negligence in Milwaukee Police Shooting
• Oregon ct. upholds manslaughter convictions of parents whose religious beliefs precluded medical care for child
• Jury rejects woman’s lawsuit against 12-year-old nephew’s exuberant hug
• Student buys Google.com for $12, owns it for a minute
• Montreal men accused of illegally exporting railway equipment to Iran - Montreal - CBC News
• Non-competition, non-solicitation covenants - Canadian HR Reporter (blog)
• Quebec judge approves $450M settlement for Lac-Mégantic victims
• Mulcair calls legalization of pot ‘the way for the future’

- Rachel Spence, Law Clerk

Visit our Toronto Law Office website: www.wiselaw.net

140Law - Legal Headlines for the Week of October 12, 2015

Here are the leading legal headlines from Wise Law on Twitter:

• Coffee anyone? via @Sandra_Bekhor
• Legal Profession in the 21st Century: Does It Include ADR?
• Psychologists sued over CIA torture
• Who’s Social Contract? Voting Rights for Non-Residents at Issue in Frank v Canada
• Should apologies be admissible in court?
• Civil trial against Wisconsin gun shop enters final week
• New .Law Domains Go on Sale Today – Here’s How to Buy One
• Dating app Tinder sparks heated legal battle in Toronto - The Globe and Mail
• U.S. judge approves settlement for victims of Lac-Mégantic train disaster
• Lawyer grilling Cosby 'goes after guys who hurt women'
• Defamation Suit Against Bill Cosby Will Go Forward in Massachusetts
• Ontario court upholds termination for abandonment - Lexology
• On Russell Brown’s Appointment to the Supreme Court of Canada
• Brown welcomed to SCC
• California law requiring warrant for digital searches is ‘a landmark win for digital privacy’
• David Milgaard says presumption of innocence for accused has vanished
• Lawyer killed goat, drank its blood, and is running for US Senate
• Former Supreme Court Justice Louise Arbour talks niqabs - CBC.ca
• We Really Need to Hear From You…
• Secret DNA computer code is used to help send defendants to jail
• Data privacy laws fall in 'international black hole'
• Conservatives match Liberal pledge to extend parental leave to 18 months
• Harper’s proposed civil service niqab ban draws fire
• FIFA chief could face $100M suit
• Kitchener, Ont., arrow death: 5 facts about bows and arrows in Canada - Kitchener-Waterloo - CBC News
• Alan Grayson files ethics complaint against Rep. McCarthy over Benghazi Committee
• Two important cases for regulatory bodies on the Ontario Human Rights Code - Lexology
• Florida judge harasses domestic violence victim before jailing her: ‘You haven’t even seen anxiety’
• Cosby Loses His Bid to Prevent Another Lawsuit
• Charities wade into election campaign despite CRA audit 'chill'
• California Governor Signs Assisted Suicide Bill Into Law
• Federal court rejects Ottawa's bid to suspend niqab ruling - The Globe and Mail
• Rich young adults associated with cocaine associated with hockey and maybe even Toronto Maple Leafs
• Justice is blind when it comes to Canadian jury selection

- Rachel Spence, Law Clerk

Visit our Toronto Law Office website: www.wiselaw.net

140 Law - Legal Headlines for the Week of October 5, 2015

Here are the leading legal headlines from Wise Law on Twitter:

• Revocation of Canadian citizenship: 5 things to know
• Regina tenant manipulates system to squat for free at landlords' expense - Saskatchewan - CBC News
• Toronto judge cites jail lockdowns in delivering shorter sentence
• Midnight reefer madness in Oregon as pot sales now legal
• Ghomeshi to return to court for February trial
• Hospitality contractor claims it owns Yosemite trademarks
• Woman at centre of niqab controversy tells court she wants citizenship in time to vote | National Post
• Jian Ghomeshi pleads not guilty to sex assault and choking charges | The Toronto Star
• Ottawa real estate lawyer forfeits his law licence | Ottawa Citizen
• Marcel Aubut investigation forced COC to act: Arthur
• Supreme Court again asked to rule on scrapping early parole law - Ottawa Citizen
• Quebec Ruling Established More Onerous Duty to Accommodate Workplace Injuries
• Sheriff Joe Arpaio testifies in contempt hearing, says he delegated compliance with court order
• Los Angeles prosecutors reviewing case against Bill Cosby
• Testifying by Teleconference at the Ontario Human Rights Tribunal
• SCOTUS Accepts 13 New Cases
• Can Skype Be Used for Testimony in Court?
• Law Times Editorial: Balance struck by LSUC on ABS
• Ontario judge strikes down mandatory minimum sentence for pot growing
• Conservatives playing politics with Citizenship Act, say human rights lawyers - Hill Times (subscription)
• Canada’s top court sets dangerous precedent in Chevron case | Financial Post
• Batmobile qualifies for copyright protection as “character”
• PETA lawyer discusses monkey’s copyright suit over selfie
• Judge sends sheriff to seize husband’s devices after spyware is found on wife’s phone
• Texas county sues Volkswagen for $100M, seeks civil penalties for violation of emissions laws
• Fugitive NSA leaker Edward Snowden joins Twitter
• N.Y. Paralegal Forges Judges’ Names on 117 Court Orders
• Chemerinsky: 10 lessons from Chief Justice Roberts’ first 10 years

- Rachel Spence, Law Clerk

Visit our Toronto Law Office website: www.wiselaw.net

I Don't Know

They may be the three most difficult words for certain professionals to utter.

The mere temptation to speak them aloud has even been known (among some, it is rumoured), to dredge up sweaty palms, blinding pillars of ego and fortress-thick walls of denial.

I don’t know. 

Or if you prefer, I dunno.

Je ne sais pas.

Or or as it is said in ancient legalese, “a comprehensive answer to this most important enquiry is not yet at my immediate fingertips."

However you phrase it, get used to saying it.

I don’t know. 

There are lots of things we are all comfortable not knowing.

What will tomorrow’s weather be? Which leaders should we vote for? Does life as we know it exist elsewhere in the cosmos? Will the Leafs ever host another parade on Bay Street?

We just don’t know.  Somehow, we manage to live with that.

And when it involves our professional lives, I’d suggest that comfortably saying those three words is actually in our job descriptions.  And at times, our codes of ethics.

This is not something to worry over.

We can’t expect ourselves to know everything on the spot. We can’t possibly be fully up to speed on every section of every statute or every single reported decision that has emerged in the last 24 hours – or  24 years.  Our duty of care to our clients surely includes a duty, before providing an opinion,  to carefully research and consider all applicable law that will  be relevant to whatever riddles we are unraveling.

That will usually take a bit of time, and that is generally not something to be uncomfortable with.  Given the ample research and networking tools now available, we can all feel quite confident that good answers will never be very far away.

So, when you don’t know the answer, just say “I don’t know (but I will).

I would suggest that for new lawyers, in particular, doing so is a survival skill.

Now, I am a realist, and understand that it may a hurdle too high for some to utter those exact three words.   In deference to them, I therefore offer my Top Ten* serious ways for lawyers to say “I don’t know” without actually saying “I don’t know:”

1.  That’s a really good question, and I’d like to take a day or two to review the law before I give you a firm opinion.
2.  The law has usually been “x” on this, but I’m pretty sure I came across a case recently that went the other way. I will look it up and let you know.
3.  That’s a very technical question.  As a first step,  I’d like to consult with  a colleague who specializes in this area of the law.
4.  That question may be one that would be better handled by your accountant. Let’s give her a call to discuss it.
5.  That question is  outside my area of practice. I’d like to arrange a referral for you to speak to a specialist who works regularly in this area.
6.  That question is likely governed by the [name of statute] Act.  Let me look it up and get back to you.
7. There’s very good website that addresses this.  Can I send you a link?
8. That question is now before the Supreme Court of Canada. We won’t really know until the court decides, at some point in the next six months.
9. It will be necessary for me to review quite a bit of documentation in order to properly assess this  situation. That will take a little time.
10.  This question is in a gray zone, and I’m not sure if a court  has ruled on it recently. Let me see if I can find a case that will give us some guidance on this.

(*to be used only in circumstances where factually applicable)

So that’s today’s tip.    You may not know the answer immediately, but you will find it. Just keep your clients in the loop. And take the time you need –  to know.

(Cross-posted at Slaw Tips)

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net