Category Archives: Articles/Books

A Dodek: Solicitor-Client Privilege in Canada: Challenges for the 21st Century

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Adam Dodek’s paper for the Canadian Bar Association titled “Solicitor-Client Privilege in Canada: Challenges for the 21st Century” has just been posted online (February, 2011).  To access the full paper online, click HERE.

Executive Summary

The context for this Discussion Paper is the need to take stock of the state of Solicitor- Client Privilege in Canada in light of developments internationally and at home. There is no single court decision, government action or event that has precipitated the need for reflection but that should not be an invitation for complacency. The Supreme Court of Canada’s jurisprudence is consistent and predictable in strongly protecting Solicitor-Client Privilege (the Privilege). It generally aligns with the positions taken by the Canadian Bar Association (CBA) before the high court. However, the court’s jurisprudence does not provide an adequate framework for addressing the multitude of issues that currently exist and that are likely to arise regarding the Privilege.

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A Hutchinson: Is Eating People Wrong? Great Legal Cases and …

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A Hutchinson, Is Eating People Wrong? Great Legal Cases and How they Shaped the World

From the Cambridge University Press website:

Great cases are those judicial decisions around which the common law develops. This book explores eight exemplary cases from the United Kingdom, the United States, and Australia that show the law as a living, breathing, and down-the-street experience. It explores the social circumstances in which the cases arose and the ordinary people whose stories influenced and shaped the law as well as the characters and institutions (lawyers, judges, and courts) that did much of the heavy lifting. By examining the consequences and fallout of these decisions, the book depicts the common law as an experimental, dynamic, messy, productive, tantalizing, and bottom-up process, thereby revealing the diverse and uncoordinated attempts by the courts to adapt the law to changing conditions and shifting demands. Great cases are one way to glimpse the workings of the common law as an untidy, but stimulating exercise in human judgment and social accomplishment.

For more information on the book and to order, click HERE.

R Graham: Legal Ethics: Theories, Cases and Professional Regulation

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The second edition of Randal Graham’s Legal Ethics: Theories, Cases and Professional Regulation is now available.

From the Emond Montgomery Publications website:

Overview

With a basic overview of the nature of ethical reasoning, the second edition of Legal Ethics: Theories, Cases, and Professional Regulation presents a thorough and clear discussion on ethical philosophy and related challenges faced by the legal profession. Author Randal Graham analyzes legal decisions in the context of tort, contract, criminal, and administrative law and uses this discussion as a backdrop for examining rules of professional conduct. Students will gain detailed knowledge of the Canadian Bar Association Code of Professional Conduct and provincial codes of conduct, Ontario’s Law Society Act, as well as key issues related to confidentiality, conflicts of interest, character and integrity requirements, self-regulation, and general regulatory theory.

For more information and to order a copy, click HERE.