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Full-Text Articles in Law
"Uncivil By Too Much Civility"?: Critiquing Five More Years Of Civility Regulation In Canada, Alice Woolley
"Uncivil By Too Much Civility"?: Critiquing Five More Years Of Civility Regulation In Canada, Alice Woolley
Dalhousie Law Journal
The author revisits criticisms of the civility movement made in an earlier paper ("Does Civility Matter?" (2008) 46 Osgoode Hall LJ 175). She argues that Canadian law societies remain concerned with lawyer incivility, despite bringing surprisingly few formal prosecutions against lawyers for incivility. In a few cases the law societies' concern can be justified insofar as lawyer incivility in those cases appears to correlate with serious professional dysfunction. Generally however, the focus on incivility is counter-productive. First, in several cases the focus on lawyer incivility elides the complex and difficult ethical issues raised by the behaviour of the lawyers in …
The Limited Power Of The Bar To Protect Its Monopoly., Zachary C. Zurek
The Limited Power Of The Bar To Protect Its Monopoly., Zachary C. Zurek
St. Mary's Journal on Legal Malpractice & Ethics
The weaknesses within unauthorized practice of law (UPL) laws, coupled with shaky and fragmented enforcement, allow nonlawyers to perform activities that are otherwise characterized as the practice of law. Certified Public Accountants (CPAs), non-lawyers representing individuals in administrative settings, legal document preparation services, and other non-lawyers offering detailed legal advice pose serious threats to the bar and the individuals they serve. Uniformed standards of liability, ethics, and certification should be developed to ensure a balanced group of practitioners is available to the public. Pulling nonlawyers into the realm of liability for breach of professional responsibility would result in a higher …
The Disappearing Fourth Wall: Law, Ethics, And Experiential Theatre, Mary Lafrance
The Disappearing Fourth Wall: Law, Ethics, And Experiential Theatre, Mary Lafrance
Vanderbilt Journal of Entertainment & Technology Law
The cutting edge of experiential theatre blurs the lines between performer and audience. Both the performer and the audience are vulnerable. Audiences may be subject to assaultive or disturbing behavior or images. The performance may take place in an unconventional venue that poses safety hazards. A single audience member may be alone with a performer, who may engage in provocative or shocking behavior, including verbal abuse or touching. The performer may invite similar conduct from the participant. Typically, the participant does not know in advance what will take place and does not sign a waiver. While the performer has a …