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Technology, the Fiduciary Duty, and the Unaffordable Legal Services Problem
The concept of a legal profession should have a strong social welfare aspect to it such that its distant goal is to make a community’s legal health as important to it as its medical health, and its...
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Evidence Based Upon National Standards Might Thereby Be Unreliable
I’ve endured a very worrisome and incompetent drafting of an intended second edition of this National Standard of Canada (an NSC): Electronic Records as Documentary Evidence CAN/CGSB-72.34-2005...
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“Counsel, I Demand Justice!” – “Most Definitely! How Much ‘Justice’ Can You...
Might that majority of society who cannot afford a lawyer’s advice (“the problem”) soon use the social media to demand the abolition of law societies? Indeed; “off with their heads!” Quite fitting for...
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No Longer Is It Possible to Be Both a Good Lawyer and a Good Bencher
The longstanding massive damage and misery being caused by the unaffordable legal services problem (the “accesses to justice” (A2J) problem) compels this conclusion: the problems of law societies are...
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Automation, Support Services, and Flat-Fee Billing
The degree of predictability and repetition in legal services determines both their ease of automating and flat-fee billing, as distinguished from hourly billing. See this article by, Erika Winston,[i]...
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Alternative Business Structures’ “Charity Step” to Ending the General...
(This is a short version of the FULL ARTICLE posted on the SSRN (pdf.). Articles cited herein without stated authors are those of the author of this article—Ken Chasse.) The alternative business...
View Article“Apps” and the Waning of the Solicitor-Client Relationship
“Apps’” (as used herein, means the application of software to create electronic systems, programs, processes, devices, etc., in relation to legal services) are being developed in many locations. They...
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Access to Justice: “We Have Seen the Enemy and He Is Us”
[articles cited without authors are mine] Lawyers remain the passive victims of the benchers[1] that we ourselves elected to be the law societies’ managers, instead of demanding that they get busy...
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China’s Judicial Independence and Modern Art, and LSUC Becomes LSO
China is making slow but steady progress toward what western countries consider to be judicial independence (see authorities listed below). I asked a judge in Beijing (my wife assisting as interpreter)...
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Innovation Canada, IP, and Dependence Upon the Standards Council of Canada
[Note: this is but a short summary of the full text posted on the SSRN, February 2, 2018, (pdf.)-Ken Chasse.] Canada’s federal government will be looking to gain political points and praise in the next...
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Election Politics, Innovation Canada, IP, and Dependence Upon the Standards...
Some in-depth investigative journalism is needed because there has been a further danger-augmenting development in regard to the creation of National Standards of Canada (NSCs) as that behavior relates...
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Consequences to Innovation Canada and IP of a Badly Drafted National Standard...
The federal government’s “Budget 2017,” Innovation Canada project has led to the badly drafted National Standard of Canada, Electronic Records as Documentary Evidence CAN/CGSB-72.34-2017...
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Challenging Technology’s Ability to Produce Reliable Evidence
Access to Justice (A2J): for our work as lawyers, we don’t know enough about the technology that produces much of the evidence we have to deal with. So how to be educated affordably? This is an outline...
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Artificial Intelligence: Will It Help the Delivery of Legal Services but Hurt...
On March 23, 2018, I attended a competition among “startup” applications of artificial intelligence (AI) applied to the delivery of legal services. Here are the results by way of quotations from the...
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Law Society Accountability for the Access to Justice Problem
[See the full text article for this summary on the SSRN, using the same title] Law societies are not trying to solve the A2J problem, but instead provide “alternative legal services”[1] that merely...
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Canada’s Law Societies Need a National Civil Service
This post summarizes a full-text article with the same title on the SSRN, and refers to Fasken InHouse. The Law Society of Ontario (LSO) is to have a bencher[1] election on April 30, 2019. We should...
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What Should LSBC’s Futures Task Force and LSO’s Technology Task Force Do?
The Law Society of British Columbia’s E-Brief for January 2019 states that LSBC has established a Futures Task Force: “… to look at the future of the legal profession and legal regulation in British...
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Challenging Electronic Systems’ and Devices’ Ability to Produce Reliable...
This is a short summary of the full text of this article, which has the same title, and which was posted on the SSRN, March 25, 2019, pdf.; 62 pages The fact that lawyers lack the knowledge to...
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Electronic Systems Are Trusted Far Too Much as to Producing Reliable Evidence...
Most of the evidence now used in legal proceedings and for legal services comes from complex electronic systems and devices. But because of ignorance of technology in general, lawyers don’t challenge...
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Law Society Policy for Access to Justice Failure
[Download the full text for this summary from the SSRN.] Law societies appear to be powerless to serve the public interest by defending lawyers’ markets against three major threats: (1) the access to...
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Mr. Attorney General, Please Help Lawyers Short of Clients
On March 20, 2918, I received an email message about Legal Aid Ontario’s (LAO’s) increases in financial eligibility for legal services.[1] But the majority of the taxpayers who fund Legal Aid Ontario,...
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Evidentiary Vulnerabilities of Bad Electronic Records and Information Management
This article is based upon my several decades of experience working with experts in electronic records management systems (ERMSs), servicing institutional clients, and drafting related national...
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A Proposal to Replace Ontario’s Evidence Act With an Evidence Code
In September, 2019, I responded to the Law Commission of Ontario’s request for law reform project suggestions, with the following Evidence Code proposal. It contains reasons why you should send your...
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Law Society Policy for Access to Justice Failure, Part Two
[see the full text on the SSRN (updated in March, 2020)] The comment of the Treasurer of the Law Society of Ontario (Malcolm Mercer, its CEO) responding to my first article having the above same title,...
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Society’s Income-Inequality Unrest and Law Society Access to Justice Failure
[See the full text of this article on the SSRN. This one is related to my two previous Slaw posts dated: July 25, 2019, and April 9, 2020] Law society bencher-based[i] management structure: (1) has...
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Law Societies’ “Bencher Burden” Causes the Access to Justice Problem
[See the full text of this article on the SSRN. It is related to my three previous posts on Slaw, dated: July 25, 2019; April 9, 2020; and, May 29, 2020.] Bigger law firms are now providing an example...
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Is Former SCC Chief Justice McLachlin’s Action Committee and Leadership of...
[The content of this article is closely related to four of my previous posts on Slaw, dated: July 25, 2019; April 9, 2020; May 29, 2020; and, August 6, 2020. See also the full text on the SSRN.] The...
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Is Former SCC Chief Justice McLachlin’s Action Committee and Leadership of...
[The content of this article is closely related to five of my previous posts on Slaw, dated: July 25, 2019; April 9, 2020; May 29, 2020; August 6, 2020; and, October 22, 2020. See also the full text on...
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Why the “Access to Justice” Activity Should Be Trying to Solve the A2J Problem
[The content of this article is closely related to six of my previous posts on Slaw, dated: July 25, 2019; April 9, 2020; May 29, 2020; August 6, 2020; October 22, 2020; and October 24, 2020. See also...
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The Washington January 6, 2021 Insurrection, and Racism in Canada
[The Full-text of the following summary can be downloaded from the SSRN (Feb. 1, 2021).] The riotous insurrection at the Washington Capitol building on January 6th is a good example of this truth: “The...
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