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NDP’s rural crime fighting plan gets mixed reviews

The NDP’s $10-million plan to combat rural crime with new RCMP officers, more Crown prosecutors and improved intelligence gathering is getting mixed reviews from a rural county reeve, a lawyers’ group and an opposition politician. 

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Publication date : 2018-03-12
Bitter anniversary for Quebec government lawyers

It was one year ago today that the Quebec government passed a law that forced the province’s 1,100 civil lawyers and notaries back to work after a four-month general strike, the longest in Canadian public service history. But the head of the lawyers’ union says time hasn’t taken the sting out of the collective slap his members received when the law was passed following a marathon 24-hour debate in the National Assembly on Feb. 28, 2017.

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Publication date : 2018-02-28
‘Bully’ bosses issue ‘swept under the carpet’ until junior government lawyer sent email

A junior lawyer’s decision to speak out — with an email copied to dozens of government lawyers — about an allegedly “abusive” boss at Ontario’s Ministry of the Attorney General caused Queen’s Park to finally take notice of historic problems that were later called a “festering” sore in a government report.

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Publication date : 2018-02-22
Ontario government lawyers being terrorized by ‘bully’ bosses, secret report reveals

Ontario’s Liberal government has kept secret an explosive report that paints some of its most senior bureaucrats — male and female — as bullies who have harassed and discriminated against hundreds of provincial lawyers and administrative assistants for years.  The workplace for 600 government lawyers and several hundred administrative staff at the Ministry of the Attorney General is described as a “toxic” cesspool where fear and retribution rule the day...

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Publication date : 2018-02-21
Lawyers promise to drag Couillard and Moreau to court

Despite their four-month strike in the middle of the winter, lawyers and public notaries (LANEQ) will have to settle for the lowest wage increase in the entire public service. Unable to agree with Quebec, they promise to drag Philippe Couillard and Pierre Moreau before the courts.

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Publication date : 2017-07-13
Lawyers and Notaries of the Québec State: Predictable Failure of Mandatory Mediation

Quebec lawyers and notaries (LANEQ) react to the disclosure of the report resulting from mandatory mediation with the government under the law. The report concludes that mediation has failed. According to LANEQ, this desolate result was predictable, since the law passed by the government to force the return to work of its members did not allow a real negotiation.

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Publication date : 2017-07-13

Judgment, Identity, and Independence

Cassandra Burke Robertson*

      Whenever a new corporate or governmental scandal erupts, onlookers ask “Where were the lawyers?” Why would attorneys not have advised their clients of the risks posed by conduct that, from an outsider’s perspective, appears indefensible?  When numerous red flags have gone unheeded, people often conclude that the lawyers’ failure to sound the alarm must be caused by greed, incompetence, or both.  A few scholars have suggested that unconscious cognitive bias may better explain such lapses in judgment, but they have not explained why particular situations are more likely than others to encourage such bias.  This article seeks to fill that gap.  Drawing on research from behavioral and social psychology, it suggests that lawyers’ apparent lapses in judgment may be caused by cognitive biases arising from partisan kinship between lawyer and client.  The article uses identity theory to distinguish particular situations in which attorney judgment is likely to be compromised, and it recommends strategies to enhance attorney independence and minimize judgment errors. 

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