The seven words you can’t say
on television may have netted comedian George Carlin a lot of laughs
but they could net North American
professionals a load of trouble.
Between the suggested
removal of a sitting Ontario judge
last year in part for off-colour
remarks and the bathroom-
tainted remarks of Wall Street
traders, intemperate language in
stressful professions has begun to
Procedural Strategies for
Litigators in British Columbia
“For litigators in British Columbia, who
regrettably find it increasingly difficult to get
actual courtroom experience, this work will be
a valuable tool.”
Chief Justice R. J. Bauman
From the Foreword
$99 + tax
Approx. 250 Pages • Softcover
July 2010 • ISBN: 9780433458470
Tactical Advice for Advancing Your Client’s Case
While fewer and fewer trials are held today, litigation is on the
upswing and companies must build this into their regular budgets.
With even large companies mindful of costs, this means clients
expect you to:
• Use ALL tools available to the civil litigation process to help
solve a matter prior to trial
• Conduct a trial, when needed, skilfully, efficiently, and cost
Procedural Strategies for Litigators in British Columbia explains
practical ways to reduce the costs of litigation while adhering to
the province’s new civil procedure rules. The authors demonstrate
how to use these rules along with established court procedures to
strengthen your client’s position in a lawsuit.
Take advantage of the 30-Day Risk-Free; Examination!
(Price & other details are subject to change without notice.
We pay shipping & handling if payment accompanies order.)
† Pre-payment required for first-time purchasers.
Please quote Reservation Code 3306 when ordering.
And, while at least one member
of the CBA’s ethics committee says
that may work for some, for others,
the lack of rules may be a problem.
Further, says Paul Paton, who
has written for The Lawyers
Weekly, the issue could go as deep
as law schools— if not further.
But in the Canadian legal profession, law firms seem by and large
content to leave the issue to the
common sense and professional
discretion of individual practitioners while counsel practicing in government or business are governed
by general codes of conduct.
The use of profane language
became an issue in the U.S. earlier
this year after the use of swearing
in an email by an employee of an
investment banking and securities
firm became an issue. New York-based Goldman Sachs company
told employees that they will no
longer be able to get away with
profanity in electronic messages.
“[B]oy, that timberwo[l]f was
one s— deal,” Thomas Montag,
who helped run Goldman’s securities business, wrote in a June 2007
email that was repeatedly referred
to at a Senate hearing, The New
York Times reported.
Now, the company has a ban
enforced by screening software.
Even swear words spelled with
asterisks are out, the Times
reported, adding the edict was
While other U.S. investment
firms have similar policies, in Canada, there seems to be no clear
trend in the legal profession.
Paton says bad language can
arise from the stresses of practice but adds it is not an excuse
and does not remove the need
to handle things better.
“You can be a very strong or
zealous advocate without being
disrespectful,” Paton says. “Lan-
guage comes into that.”
He says sanctions need to be
enforced and the issue dealt
with in law schools before it
manifests itself as a greater
problem down the road.
Popularity of small-town law to grow?
appearances become available.
In smaller communities, you hit
the ground running from your
first day on the job.
Obviously, many lawyers want
to and should gravitate to large
firms in big cities. There’s no
point heading out of town if you
want to do securitization or mergers and acquisitions, or if you
have your eye on overseas work.
And many people simply prefer
to live in the metropolitan world,
for reasons ranging from diversity and nightlife to opportunities
to take an evening and see the
ballet or the local pro sports franchise.
There’s also the question
whether law schools do a good
enough job publicizing opportunities outside the city limits. Many
Continued From Page 23
law school career offices lack the
resources to do more than refer
students to the big firms, whose
presence on campus has never
been more overwhelming.
But it’s an open question
whether big firms will continue to
hire and expand as they have in the
past. The gradual but inexorable
transition to value billing is going
to force firms to reconsider the
traditional role of associate leverage in partner profitability. Large
firms simply might require fewer
lawyers in their formative years,
and those lawyers have to go somewhere to pay the bills.
The generational factor has to
be considered too. When millen-
nials talk about prioritizing family
and lifestyle over earning and
advancement opportunities, they
mean it. The attractions of living in
smaller communities or in smaller
cities far from central Canada are
real, and cross-country mobility
has never been easier or cheaper.
Jordan Furlong is a partner
with Edge International. He is
also a senior consultant with
Stem Legal and head of its
Media Strategy Service. He
authors the award-winning blog
Law21: Dispatches from a Legal
Profession on the Brink, http://