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
