Ken Chasse

Independent

SCHOLARLY PAPERS

35

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Ideas:
“  I write about: (1) electronic records and records management systems; (2) the relationship between the use of evidence produced by electronic systems and devices, to the procedural laws concerning the use of such evidence in legal proceedings; and, (3) the use of “support services” methods of making legal services affordable for middle-income people, thus solving the “access to justice” (A2J) problem. My ideas are the product of my experience as a practising lawyer, which is summarized at: http://www.slaw.ca/author/chasse/ .  ”

Scholarly Papers (35)

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1.

Electronic Records as Evidence

Number of pages: 43 Posted: 01 Jan 2020
Ken Chasse
Independent
Downloads 531 (64,583)
Citation 1

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Electronic records, electronic discovery, admissibility, standards for electronic records management, records management defects, software error rates, software unreliability.

2.

Access to Justice -- Unaffordable Legal Services' Concepts and Solutions

Number of pages: 159 Posted: 19 Jul 2016 Last Revised: 05 Aug 2020
Ken Chasse
Independent
Downloads 324 (115,307)
Citation 2

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Access to justice, A2J problem, unaffordable legal services, Law Society of Ontario, LSO, benchers, civil service for law societies, alternative legal services, alternative business structures, legal aid, LAO LAW, support services, legal research, justice system.

3.

Admissibility of Electronic Records Requires Proof of Records Management System Integrity

Number of pages: 36 Posted: 06 Sep 2015 Last Revised: 07 Dec 2015
Ken Chasse
Independent
Downloads 204 (183,180)

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electronic records management systems, admissibility, ERMS, system integrity, Evidence Act, software, national standard, 72.34, records system defects, 72.11, ISO, software error rates, electronic discovery, proportionality principle, privacy and security, electronic commerce, tax records, imaging

4.

Law Society Policy For Access to Justice Failure

Number of pages: 103 Posted: 14 Jun 2019 Last Revised: 28 Sep 2020
Ken Chasse
Independent
Downloads 136 (258,784)

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access to justice, machine intelligence, artificial intelligence, support services, law society regulation, lawyer-client relationship, standardized legal services, A2J

5.

A Legal Opinion is Necessary for Electronic Records Management Systems

Number of pages: 31 Posted: 04 Aug 2014 Last Revised: 03 Dec 2014
Ken Chasse
Independent
Downloads 118 (287,640)

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Keywords: electronic records management systems, system integrity, electronic records, paper records, standards of electronic records management systems, records management law, common defects in electronic records management, Canada’s major records management standard, electronic discovery, admissi

6.

Legal Advice Services Cannot Be Automated by Alternative Business Structures

Number of pages: 6 Posted: 17 Oct 2014
Ken Chasse
Independent
Downloads 113 (296,285)
Citation 1

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alternative business structures, automating legal advice services, legal advice, ABS proposals, support services, handcraftsman’s method, CanLII, LAO LAW, Law Society of Upper Canada, routine legal services, law firm ownership, investors owning law firms

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access to justice, unaffordable legal services, law societies' inaction, cutting costs by cutting competence, government intervention to provide legal services

8.

The Sedona Canada Principles are Very Inadequate on Records Management and for Electronic Discovery

Number of pages: 67 Posted: 26 Nov 2014
Ken Chasse
Independent
Downloads 101 (320,077)
Citation 2

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Sedona, Sedona Canada, Sedona Principles, system integrity concept, electronic records, electronic discovery, proportionality, admissibility, national standards for electronic records management, electronic records management systems, triangle of interdependent concepts, triangle of interdependent p

9.

Alternative Business Structures' 'Charity Step' to Ending the General Practitioner

Number of pages: 68 Posted: 21 Aug 2017 Last Revised: 30 Sep 2018
Ken Chasse
Independent
Downloads 97 (328,536)

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Alternative business structures, access to justice, alternative legal services, apps, LegalZoom, LegalX, general practitioner, unauthorized practice of law, Canadian Charter of Rights and Freedoms, legal services

10.

Access to Justice – Canada's Unaffordable Legal Services – CanLII as the Necessary Support Service

Number of pages: 65 Posted: 26 Jan 2014
Ken Chasse
Independent
Downloads 95 (332,881)
Citation 9

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11.

The Washington January 6, 2021 Insurrection, and Racist and Ethnic Terrorism in Canada

Number of pages: 18 Posted: 17 Mar 2021
Ken Chasse
Independent
Downloads 93 (337,424)

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Racism, domestic terrorism, Washington insurrection, politics and civil rights, FLQ crisis, racism in Canada, Canadian Charter of Rights and Freedoms, rule of law.

12.

No Votes in Justice Means More Wrongful Convictions

Number of pages: 99 Posted: 09 Jun 2016 Last Revised: 22 Sep 2020
Ken Chasse
Independent
Downloads 88 (349,392)

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13.

'Records Management Law' — A Necessary Major Field of the Practice of Law — A Summary

Number of pages: 13 Posted: 24 Mar 2015 Last Revised: 20 Dec 2015
Ken Chasse
Independent
Downloads 88 (349,392)

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Records as evidence, records management law, records management lawyer, indexing, electronic discovery, proportionality principle, experts in electronic records management systems, preventive legal services, litigation

14.

Law Society Accountability for the Access to Justice Problem

Number of pages: 33 Posted: 16 Dec 2018 Last Revised: 27 Dec 2018
Ken Chasse
Independent
Downloads 85 (356,827)

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law society, access to justice, A2J, justice system, lawyers, attorneys legal profession, economies of scale, political-democratic process, support services method, practice of law, LegalZoom

15.

Records Management Law - A Necessary Major Field of the Practice of Law

Number of pages: 41 Posted: 27 Jan 2016
Ken Chasse
Independent
Downloads 80 (369,889)

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Records as evidence, records management law, records management lawyer, indexing, electronic discovery, proportionality principle, experts in electronic records management systems, preventive legal services, litigation, predictive coding, TAR

16.

Access to Justice – The Unavailability of Legal Services at Reasonable Cost and the Canadian Charter of Rights and Freedoms

Number of pages: 66 Posted: 08 Sep 2013
Ken Chasse
Independent
Downloads 80 (369,889)

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access to justice, legal services at reasonable cost-government interention-equality rights-two-tier justice

17.

Electronic Discovery's 'Records Review Stage' Software Programs

Number of pages: 20 Posted: 01 Oct 2018
Ken Chasse
Independent
Downloads 76 (380,899)

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Electronic Discovery, Records Review Software, Review Stage, Electronic Records for Discovery, Relativity, Analytics Guide, eDiscovery Software, Indexing, Sedona Conference TAR Case Law Primer, NIST

18.

A2J: Preventing the Abolition of Law Societies by Curing the Defects in their Management Structure: A Solution to the Unaffordable Legal Services Problem

Number of pages: 24 Posted: 21 Aug 2015 Last Revised: 05 Sep 2015
Ken Chasse
Independent
Downloads 66 (411,373)
Citation 1

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Access to justice, unaffordable legal services, A2J, law society management structure, support services, handcraftsman’ method, Clementi Report, socialized law, delivery of legal services, evolution of legal services delivery, legal research, alternative legal services, CanLII, LAO LAW, law students

19.

Technology, Evidence, and Its Procedural Rules

Number of pages: 64 Posted: 01 Oct 2018
Ken Chasse
Independent
Downloads 63 (421,324)

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Rules of Procedure, Technology, Evidence, Evidence to the Contrary, Lawyers’ Education About Technology, Centralized Legal Research, Support Services, Discovery, Disclosure, Admissibility, Onus of Proof

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concept of a law society, law society functions, conflicts of interest-regulatory and representative functions, alterntive business structures, ABS, access to justice, unaffordable legal services, legal services delivery, legal aid, Clementi Report

21.

Guilt by Mobile Phone Tracking Shouldn't Make ‘Evidence to the Contrary’ Impossible

Number of pages: 91 Posted: 03 Oct 2016 Last Revised: 13 Oct 2016
Ken Chasse
Independent
Downloads 59 (435,212)

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Mobile phone tracking, evidence to the contrary, evidentiary burden, presumption of regularity, fair trial, disclosure, national standards for electronic records management, guilt by electronic device, software error rates, full answer and defence, Linux kernel, Canada Evidence Act, 72.34

22.

The Technology of Centralized Legal Research Can Solve the Unaffordable Legal Services Problem

Number of pages: 42 Posted: 19 Oct 2014
Ken Chasse
Independent
Downloads 58 (438,736)

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access to justice, centralized legal research, legal research, support services, the unaffordable legal services problem, Legal Aid, LAO LAW

23.

Indexing

Number of pages: 18 Posted: 19 Oct 2014 Last Revised: 20 Oct 2014
Ken Chasse
Independent
Downloads 58 (438,736)

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Indexing legal materials, indexing, headnotes, information systems, accessing legal materials

24.

The 'Records Management Lawyer' — A Specialist in a Necessary Major Field of the Practice of Law

Number of pages: 48 Posted: 08 Sep 2014
Ken Chasse
Independent
Downloads 57 (442,443)

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records management law, records management lawyer, electronic records management systems, evidence, electronic records, electronic discovery, review stage, Canada, evidence acts, admissibility, Sedona, Sedona Canada, rebuttable presumption, electronic devices, presumption of regularity

25.

The Failure of Law Societies to Accept Their Duty in Law to Solve the Unaffordable Legal Services Problem

Number of pages: 9 Posted: 11 Aug 2014
Ken Chasse
Independent
Downloads 57 (442,443)

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unaffordable legal services, law society, rule of law, access to justice, legal research, legal aid, poor people, support services, handcraftsman’s method, government intervention, legal profession, management structure for law societies, proactive steps fulfilling law society duties, legal bills

26.

Solving the High Cost of the 'Review' Stage of Electronic Discovery

Number of pages: 14 Posted: 19 May 2014 Last Revised: 30 Jun 2015
Ken Chasse
Independent
Downloads 52 (460,960)

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KEYWORDS: electronic discovery, due diligence, records management law, records management lawyer, admissibility, TAR, predictive coding, review stage of electronic discovery, indexing, electronic records management systems, electronic records as evidence, regulation of technology producing evidence

27.

Challenging Electronic Systems’ and Devices’ Ability to Produce Reliable Evidence

Number of pages: 62 Posted: 01 Jan 2020
Ken Chasse
Independent
Downloads 50 (468,965)
Citation 1

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technology, justice system, lawyers, evidence, procedural rules, software, electronic records, mobile phone tracking, courts, access to justice

28.

The Dependence of Electronic Discovery and Admissibility Upon Electronic Records Management

Number of pages: 5 Posted: 19 May 2014
Ken Chasse
Independent
Downloads 49 (472,953)

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29.

A Canada Evidence Code Should Replace the Canada Evidence Act

Number of pages: 16 Posted: 31 May 2014
Ken Chasse
Independent
Downloads 45 (489,724)
Citation 2

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evidence code, codification, Canada Evidence Act, electronic records as evidence, consultation processes

30.

Access to Justice Support Services or Government Intervention — A Solution for Canada's Unaffordable Legal Services Problem

Number of pages: 67 Posted: 02 Mar 2014
Ken Chasse
Independent
Downloads 45 (489,724)

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access to justice, support services for legal services, constitutional democracy, parliamentary democracy

31.

Innovation Canada, IP, and Dependence Upon the Standards Council of Canada

Number of pages: 284 Posted: 30 Jan 2018 Last Revised: 27 Nov 2019
Ken Chasse
Independent
Downloads 39 (517,054)
Citation 3

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intellectual property, Innovation Canada, public inquiry, records management systems, national standards, knowledge economy, intangible property, clusters and superclusters, software errors, imaging, standards development organization, Standards Council of Canada, Canadian General Standards Board

32.

Making Sufficient Knowledge of Technology Available to Counsel

Number of pages: 69 Posted: 01 Oct 2018
Ken Chasse
Independent
Downloads 34 (542,038)
Citation 11

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Lawyers’ Knowledge, Technology, Counsel Challenge the Reliability of Those Technologies, Electronic Systems, Devices, Electronically Produced Records, Mobile Phone

33.

The Failure to Innovate to Solve the Unaffordable Legal Services Problem

Number of pages: 6 Posted: 06 Jul 2014
Ken Chasse
Independent
Downloads 25 (594,482)

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34.

Canada's Law Societies Need a Civil Service

Number of pages: 41 Posted: 09 Jan 2019
Ken Chasse
Independent
Downloads 24 (601,076)

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Law Society, Bencher, Civil Service, Access to Justice, Unaffordable Legal Services, LegalZoom, A2J Problem, Canada

35.

A Memorandum for Judging the Candidates Running in the Law Society of Upper Canada's (Ontario’s) 2015 Bencher Election

Number of pages: 13 Posted: 25 Apr 2015
Ken Chasse
Independent
Downloads 14 (671,335)

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law society, benchers, affordable legal services, government intervention, independence of the legal profession, support services, economies of scale, production of goods and services, legal advice, professional infrastructure of support services, cost-efficiency in the production of legal services.

Other Papers (2)

Total Downloads: 33
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1.

Alternative Business Structures Proposals or Solving the Unaffordable Legal Services Problem

Number of pages: 7 Posted: 25 Apr 2015
Ken Chasse
Independent
Downloads 23

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law society, affordability of legal services, constitutional democracy, alternative business structures, law firms, independence of the legal profession, management structure of law societies, benchers

2.

The Dependence of Electronic Discovery and Admissibility Upon Electronic Records Management

Number of pages: 5 Posted: 26 Jan 2014
Ken Chasse
Independent
Downloads 10

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electronic discovery & admissibility, conceptual foundation, legal infrastructure