Advocates and Advocacy

The Best of The Advocates' Journal, 2005–2018


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Product Description

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.

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

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