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9 Oct 2014, 7:00 am
The fact that legal advice services cannot be automated is of critical importance in determining whether the legal profession should accept proposals for “alternative business structures” (ABS’s). [read post]
23 Sep 2014, 7:11 am
Small law has its own processes, and one of the reasons we have an access to justice crisis is that they are hand-crafted, inefficient processes (for a hilarious yet thoughtful send up of the way lawyers tend to think that more lawyers are the solution, see The Access to Clothing Crisis by Canadian lawyer Malcolm Mercer, which posits tailors cluelessly standing in the way of the industrial revolution the way some lawyers and law professors would stand in the way of today’s… [read post]
28 Aug 2014, 6:00 am
Beyond that, the potential for ABSs to improve access to justice is being put forward as a key reason for allowing them, as can be seen in Slaw columns of Malcolm Mercer and in the work of the Law Society of Upper Canada’s Working Group on ABSs that he co-chairs. [read post]
28 Aug 2014, 6:00 am
Thanks to Malcolm Mercer and Alice Woolley for reading an earlier draft of this commentary and providing helpful comments. [read post]
5 Aug 2014, 4:00 am
As Malcolm Mercer has argued in his recent Slaw column: “If we cannot find ways to effectively have regulated lawyers, paralegals or alternative providers deliver legal services in some areas, there can be no justification for prohibiting anyone but licensees from servicing those areas. [read post]
4 Aug 2014, 1:33 pm
” Malcolm Mercer Partner and general counsel, McCarthy Tétrault LLP, Toronto Mercer is leading the charge for alternative business structures in the legal profession. [read post]
5 Jun 2014, 3:00 pm
Malcolm Mercer, the GC at McCarthy Tétrault, resident in their Toronto office, will be contributing here from time to time. [read post]
24 Apr 2014, 1:42 pm
There is no evidence the school’s graduates will exhibit discriminatory attitudes, he said, adding if they reject TWU’s bid, benchers would be validating the “vitriolic” comments that have been directed at the university, including comparisons to apartheid, racism, and Muslim extremism.For Bencher Malcolm Mercer, those analogies are in fact relevant since the issue at the heart of the accreditation debate is the exclusion of people for who they are. [read post]
3 Jan 2014, 10:45 am
As well, legal ethics in Canada continues to develop as a matter of practical and intellectual significance, with practitioners, judges, regulators and academics paying attention to the conduct and regulation of lawyers and judges.Thanks to Professor Annalise Acorn of the University of Alberta, and Malcolm Mercer of McCarthy Tétrault LLP, for their assistance in compiling this list.1. [read post]
9 Dec 2013, 6:59 pm
[Hat tip: Malcolm Mercer via the Canadian Legal Ethics email list] [read post]
22 Nov 2013, 9:25 am
Currently, different panels may arrive at different decisions as to whether someone has been effectively rehabilitated, he said.Sandler suggested looking into how other professions deal with this issue, such as the possibility of fixing a time period for rehabilitation after a potential licensee has shown behaviour that is against the values of the law society and public interest.Bencher Malcolm Mercer agreed the issue is something “for us and the federation to… [read post]
17 Oct 2013, 10:12 am
Kudos to Benchers, Susan McGrath and Malcolm Mercer for organizing the event. [read post]
14 Feb 2013, 7:05 am
Malcolm Mercer, with nearly thirty years in practice, is general counsel and a litigation partner at McCarthy Tétrault. [read post]
23 Jan 2013, 12:37 pm
Neil, when former justice Ian Binnie wrote that in general “a lawyer may not represent one client whose interests are directly adverse to the immediate interests of another current client” even if the two mandates are unrelated, unless both clients consent after receiving full disclosure.But counsel for the the CBA, Malcolm Mercer, says the rule should only apply where there is a substantial risk of prejudice to the lawyer’s former client. [read post]
3 Jan 2013, 9:42 am
Malcolm Mercer, Tom Harrison, and Richard Devlin, as always, expanded and enriched the discussion. [read post]
3 Jan 2013, 8:13 am
With contributions from Adam Dodek (University of Ottawa), Malcolm Mercer (McCarthy Tétrault LLP), Richard Devlin (Dalhousie University), and other members of the Canadian Legal Ethics Listserv, here is my articulation of the top 10 Canadian legal ethics stories for 2012:1. [read post]
19 Nov 2012, 6:39 am
Sue Grundy (Blake, Cassels & Graydon) and Malcolm Mercer (McCarthy Tétrault) shared some of the progress on those fronts. [read post]
17 Apr 2012, 7:36 am
Malcolm Mercer - McCarthy Partner/General Counsel and LSUC bencher - walked us through the recent modifications to the Federation Model Code, rate of adoption by the different Law Societies, and the anticipated impact on conflicts. [read post]
22 Mar 2012, 7:01 am
For those attending our upcoming Toronto Roundtable, we're pleased to welcome Malcolm Mercer, general counsel at McCarthy Tétrault LLP, as a guest speaker. [read post]
8 Feb 2012, 9:35 am
“The reprimand or admonition that may have been seen as an acceptable penalty one or two decades ago is not, in our view, an acceptable regulatory response today, given the proper evolution of societal appreciation of the seriousness of sexual misconduct and the regulatory role of the Law Society in the public interest,” wrote panel chair Malcolm Mercer on behalf of the unanimous panel in reasons dated Jan. 16. [read post]
