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Advocates and Advocacy

The Best of The Advocates’ Journal, 2005–2018

Overview

It’s been 13 years since The Advocates’ Society published Ethos, Pathos, and Logos: The Best of The Advocates’ Society Journal 1982–2004, recalling the classical lynchpins of rhetoric. Advocates and Advocacy picks up where Ethos, Pathos, and Logos left off, covering 2005 to 2018, now with contributors from across the country.

Have things changed? The digital age is undeniably pervasive, for better or worse. Advocacy continues unabated but has morphed into different forms and forums, especially with the rise of the regulatory society. Advocates now grapple with privacy, electronic communications, artificial intelligence and, in practice, the expansion of summary judgment. The delivery speed of legal information is nothing short of astonishing. Cases and commentary show up instantly on Facebook, Twitter, LinkedIn and other social media. To the next generation of advocates, our older ways will seem archaic, but that’s for then. As one sees in this volume, the clarity and cogency of our current writing on advocacy – print or electronic – remains solid.

I have collected here a selection of the best of the Journal, grouped into topics for ease of reference, from storytelling to humour with personal reflections in between.

Table of Contents

President’s Message
The Best of The Advocates’ Journal, 2005–2018 From the Editor

Part One: Advocates as Storytellers
The power of context by Benjamin Zarnett, LSM
The trial advocate as storyteller: The art and science of persuasion by The Honourable Todd L. Archibald and J. Manuel Mendelzon
The charm of the narrator: The overlooked commonality between novelist and advocate by Andrew Pyper
The only way to be paid well as an actor: Why I became a lawyer by Yashoda Ranganathan
Did opposing counsel get your GOTE? by Kate Southwell
Personal Reflection: Advocacy at the crossroads by Linda R. Rothstein, LSM

Part Two: Witnesses
Why we can’t trust witnesses by Paul Fruitman
If we can’t trust witnesses, can we trust trials? by Matthew Milne-Smith
Personal Reflection | Fostering connection, creating community by The Honourable Harriet Sachs

Part Three: Experts, Science and the Like
Science in the courtroom: The mouse that roared by The Honourable W. Ian C. Binnie
Cross-examining the opposing expert by John McLeish
The independent expert witness: How did we get here? by Bryan Finlay, Q.C.
Asking ourselves the Moneyball question about expert evidence by Professor Adam Dodek, LSM
What irreproducible results mean for the law of scientific evidence by Jason M. Chin
Personal Reflection: The advocate’s calling by Guy J. Pratte

Part Four: Trials and Settlements
The unsettling truth about settling: Part one by The Honourable Joseph W. Quinn
The unsettling truth about settling: Part two by The Honourable Joseph W. Quinn
In support of open courts by Iris Fischer
Personal Reflection: The advocate as loser by Jonathan Lisus

Part Five: Appellate Advocacy
Losing tip no. 16: 1066 and all that by The Honourable Marvin Catzman
Some appellate advocacy advice by The Honourable Marshall Rothstein
How to lose an appeal in the Court of Appeal: The next generation by The Honourable David M. Brown
Personal Reflection: Beside the Supreme Court bench: A law clerk’s reflections on advocacy by David Sandomierski

Part Six: Standard of Review
Tipping the balance in the Court of Appeal by The Honourable Kathryn N. Feldman
Advocacy in the Court of Appeal: One lawyer’s perspective by Paul J. Pape
Standard of review: Ongoing chaos or a path to order? by Greg Temelini
Personal Reflection: The heroic advocate by The Honourable Eleanore A. Cronk

Part Seven: Ethics and Professionalism
The ethics of advocacy by Gavin MacKenzie
Professionalism: An old idea but a new ideal by The Honourable Joan L. Lax
Looking back and looking forward on learning in professionalism by The Honourable Stephen T. Goudge
Personal Reflection: How I do it by Jasmine Akbarali
Personal Reflection: Diversity and the future of advocacy by Iman Abokor and M. Greg Abogado

Part Eight: Media Relations
The care and feeding of reporters: A lawyer’s guide by Tracey Tyler
When a journalist comes calling by Kirk Makin
Talk to reporters: It’s your professional duty by Cristin Schmitz
What litigators and broadcast journalists have in common by Scott Arnold
Personal Reflection | Why good judgment comes first by John Adair

Part Nine: Humour
And the winner is … by Marie Henein
Personal Reflection: Why lawyers like baseball by Peter Hrastovec, LSM

Of interest...