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TrialPrep

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  1. Mismatched principle

    Sleep deprivation will take away from other work. To become a professional when starting out we have to maximize our efficiency with 100% dedication.
  2. Mismatched principle

    Agree with all except saying you’ll put in extra time. Articling students should already be giving their all and there shouldn’t be any extra time. OP, you have a long road ahead. There are many general skills to learn. Try to approach everything you do at work with a positive attitude and you will get the most out of it and more easily end up where you want to be in the long run.
  3. What does a litigator's resume look like?

    Your resume should be customized to the job for which you're applying. The job posting should help determine what the employer is looking for, and highlight those qualities as you can from your past experiences. For example, if the firm you're applying to wants someone to bring files, talk about the files and leads you generate. Or, if the position you're applying to is to assist with complex appeals, highlight the research you have done and how it was used.
  4. Family law litigation experience can translate into civil litigation. But the key to not doing family law is to stop doing family law. I know many lawyers who can’t stand family files but end up taking them anyway. Other areas that are relatively easy to get into include admin, employment law, personal injury, or collections work. That said, litigation of all stripes involved dealing with crazy people, because crazy people, rich and poor, often get themselves into all kinds of lawsuits. A friend of mine does injunctions and defamation law and working for a school board to sue an old lady who screams at and refuses to let children walk to school along a public path behind her house.
  5. One might argue the breathalyzer is more intrusive than being scanned, certainly if the scan is only meant to prove who uses the phone. But if the scan is used on the scene to go into the phone and see all the dick pics I sent to Mrs. TrialPrep from the office today, then the unlocking may be more intrusive than a breathalyzer.
  6. That's right the police do not need a warrant to use a breathalyzer, but this is where my ignorance of criminal law comes in, don't they need probable cause and isn't the breathalyzer a breach of s. 8 saved by s. 1? I'm not sure unlocking phones would have the same s. 1 considerations as stopping drunk drivers. Someone please correct me if I'm wrong on this point of law.
  7. The facial id scan is taking bio data and processing that data through the machine. I think a facial Id scan more closely resembles a breathalyzer than a camera, for a breathalyzer also takes and processes bio data through the machine. To compare, police may stand in front of you and smell your breath, or take a picture of your face, but for them to use the breathalyzer requires something more, and therefore to use the Face ID scanner should require something more.
  8. I think 2 and 3, finger scan and facial id, are analogous because a bio sensor is being used on the accused. The fact that the finger scan involves a sensory touch upon the accused while the facial id scan is a light scan with no sensation felt by the accused does not change that a biological key is being used to unlock the device. How does the sensory response felt or not felt by the accused change the analysis?
  9. The fact scenario in the OP was: Say there are three people in a car with a bunch of stolen merchandise and police believe that there may be texts or photos on the phone that are potential evidence they want to seize (assume they are right). WHO the phone belongs to is an issue, because this evidence is a powerful indicator of guilt. No one is talking and everyone wants their lawyer. Maybe the answer is, the police have to take fingerprints and go back to get a warrant, but I think the question has more to do with if there are any immediate steps the police can take on the scene such as: 1. demand passcode? No 2. apply finger scanner to suspects? I don't think so 3. apply facial recognition to suspects? Seems analogous to 2. therefore I don't think so If the phone is locked, I do not think it should not matter what type of key is used to open it.
  10. If holding the phone to one’s finger is a violation, then surely hitting one’s face with the phone’s facial recognition beams is also a violation.
  11. Question about Vacation during Articling

    It may not seem fair for the employer to think less of you for asking for vacation time before starting work, but it makes sense why they would likely feel that way. The managing lawyer has to arrange and pay for office space, with a lease commitment, take on the liability of an employment contract paying a salary for a year, schedule around your bar exam, fit you into the existing framework of the practice, and be sure there's enough work built up ready for you to do. When we advertise an articling position, we are swamped with applicants telling us how great a fit they would be. And we interview, and hear all about how the applicants really want to do this work. We are out of pocket for months before we know whether this articling student was a good investment of our time and resources. We finally get through all of that, and are waiting for them to start, and we get asked about vacation? We will be likely thinking, just for a second, a vacation? A vacation from what? What about my vacation? Gee maybe I should have hired one of many other candidates out there who said they really wanted this job. It may be hard to empathize unless you've had the experience of putting your own money and time on the line to hire someone. We put a lot into having an articling student, and all we want in return is for someone to come in, try their best, work hard, and learn as much as they can. Vacations are something that ought to be well deserved. Fair or not, that's just how many employers in that position at the beginning will likely think and feel. It may not be a first impression if you summered, but it's a starting impression, and the expectations for an articling student are a step up from a summer.
  12. You likely cannot go back to big law. But many medium size firms will generally take anyone with 3+ years experience who carries their own weight in terms of brining in their own files, bills well, and is easy to get along with.
  13. Question about Vacation during Articling

    Yeah first impressions are really important. I have not gone away on a real vacation in years, I understand that’s largely my choice being self employed, but I’d rather not start off a new working relationship by scheduling my time around a new articling student’s holiday. Just put some work in, see how things go, and when the time is right it won’t be a big deal at all. Everyone should take time off, but it’s an articling student’s job to make the principal’s job easier, not the other way around.
  14. Question about Vacation during Articling

    I think the articling student’s advice was great. I agree with providence. We can’t predict schedules, even though trials may be being set for fall, what if we take on a new client in June who already has a trial scheduled for September and we need the articling student to prepare books of authority?
  15. Crypto Currency and Law

    On the issue of cryptocurrency more broadly, I think for a cyrpto to function as a currency, it would need to perform better than fiat in terms of 1. speed; 2. transaction cost; 3. security; 4. price stability; 5. money supply management; 6. widespread acceptance; and 7. the ability to trace and clawback transactions, for example if a judgment were rendered against a party. So far, no crypto offers all of these. But it is interesting to watch the competition as improvements develop. One of the biggest issues in achieving these goals is the argument for/against decentralization. On the one hand, a decentralized currency would not be subject to human error from a government that borrows too much, or a central bank makes an error with setting interest rates, but on the other hand, a decentralized currency would be difficult to clawback and may be impossible to manage. Some argue crypto does not need to be a currency but can be a place to store wealth. I do not see any value in that because nearly anything can be purchased as a means to store wealth. So unless a cyrpto figures out how to be a currency, I can't see this taking off much further than it has already. However, if a cyrpto does achieve the above factors, it could be huge.
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