Letter to J.P. Bradley from Montreal lawyer D. Montizambert

Letter to J.P. Bradley from Montreal lawyer D. Montizambert (3 pages, handwritten), Sept. 22, 1849.

A lawyer's lawyer joins the high court of Australia

In November 2005, Susan Crennan was sworn in as the 45th justice of the High Court of Australia. This follows a brief two year period as a justice of the Federal Court of Australia. In this article, the author recounts the debate leading up to the latest appointment regarding what type of justice should be appointed to the Court, and reviews Crennan's Federal Court judgments in an attempt to provide some insight on the type of High Court justice Crennan will be. What is for certain is that Crennan is enchantingly mysterious.

Legal professional privilege and the foreign lawyer in Australia

Legal professional privilege is very important to lawyers and clients alike. It has evolved within the common law world over a period of centuries. In a domestic Australian context the test to establish what attracts advice privilege has become reasonably well settled. However, the increasingly international character of commerce has revealed new challenges. Is the current test appropriate to determine whether advice given outside Australia by a foreign lawyer is privileged? This article considers that question in detail. After examining the historical development of legal professional privilege, the article discusses Kennedy v Wallace (2004) 208 ALR 424 (at first instance) and Kennedy v Wallace (2004) 142 FeR 185 (on appeal). The article concludes that the current test is both capable and appropriate if properly applied.

A mutual confrontation of structure and accident : a framework for researching how lawyer-mentors engage with scholarship of teaching

This is an edited version of 'A mutual confrontation of structure and accident' - a paper presented by Kristoffer Greaves at the International Journal of Clinical Legal Education conference in Brisbane July 2013.

Social media for social change lawyers: an Australian housing rights lawyer's experience

This paper reflects on the use of Twitter and Facebook at the PILCH Homeless Persons' Legal Clinic (HPLC), and the lessons for social change lawyers. While these two forms of social media have been useful tools in the HPLC's mission to address the systemic and structural issues that impact on people experiencing homelessness in Victoria, Australia, there have been salutary lessons in their deployment, engagement and impact. This paper, written in autoethnographic form by a former HPLC manager, reflects on the costs and benefits of these new media forms for ‘social change lawyering’.

‘Yes, no, maybe, can you repeat the question?’ : Is thinking like a lawyer different to thinking like a teacher?

Presentation at APLEC 2013. 
Kristoffer Greaves is researching how lawyers who teach lawyers’ skills in PLT engage in scholarly activities regarding their teaching work. This qualitative research involves cross-disciplinary exchanges between law, legal education, education theory and practice, sociology of law, and cultural theory. Data collected for the research includes 30+ hours semi-structured interviews with 35 PLT practitioners working with different PLT providers around Australia.
One question asked during the interviews - Is thinking like a lawyer different to thinking like a teacher? - elicited reflective and diverse responses and insights about how PLT practitioners reconcile ‘thinking like a lawyer’ with their teaching and mentoring work.
This presentation discusses the relevance and significance of these insights in the context of scholarship of teaching in PLT, and practical legal training’s ‘big picture’ purpose to improve protection of clients, protection of the administration of justice, and the assurance of the quality of legal services.

The consumer litigation industry: chasing dragon kings in lawyer-client networks

The community of lawyers and their clients form a scale-free bipartite network that develops naturally as the outcome of the recommendation process through which lawyers form their client base. This process is an example of preferential attachment where lawyers with more clients are more likely to be recommended to new clients. Consumer litigation is an important market for lawyers. In large consumer societies, there always a signi cant amount of consumption disputes that escalate to court. In this paper we analyze a dataset of thousands of lawsuits, reconstructing the lawyer-client network embedded in the data. Analyzing the degree distribution of this network we noticed that it follows that of a scale-free network built by preferential attachment, but for a few lawyers with much larger client base than could be expected by preferential attachment. Incidentally, most of these also gured on a list put together by the judiciary of Lawyers which openly advertised the bene ts of consumer litigation. According to the code of ethics of their profession, lawyers should not stimulate clients into litigation, but it is not strictly illegal. From a network formation point of view, this stimulation can be seen as a separate growth mechanism than preferential attachment alone. In this paper we nd that this composite growth can be detected by a simple statistical test, as simulations show that lawyers which use both mechanisms quickly become the \Dragon-Kings" of the distribution of the number of clients per lawyer.

The Ethics of Implementation: Institutional Remedies and the Lawyer's Role

The issue addressed in this article is whether and to what extent a lawyer has an ethical responsibility to pursue implementation of the remedy in institutional reform litigation. Institutional reform litigation refers to cases in which an individual or class of individuals sues a large organization in order to vindicate constitutional or statutory rights. The types of cases with which this article is concerned are the "public law" type, such as school desegregation, prisoners' rights and patients' rights cases, although included under the rubric of institutional reform can be, inter alia, antitrust, reapportionment and bankruptcy cases. The implementation stage of institutional reform litigation arises after an individual or class of individuals prevails at the liability stage, or pursuant to a settlement, and a court orders the defendant organization to change in order to vindicate the plaintiffs' rights. At that point, the defendant organization, whether it be a prison, mental hospital or school district, usually has the burden of implementing the order. One conclusion drawn is that the ethical duty of the lawyer must always be consistent with the lawyer's "special responsibility for the quality of justice."

Lawyer's form book, 1793-1805

Lawyer's form book containing sample forms for legal documents, compiled by most likely Walter Franklin Esq. of Philadelphia, Pennsylvania.

Lawyer's case book containing notes of cases adjudged and determined in the courts of Delaware, 1793-1796

Lawyer's case book containing notes on cases before the Delaware Supreme Court and Delaware Court of Common Pleas. Contains information on the cases and judgements.