Ken Chasse

Independent

SCHOLARLY PAPERS

34

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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 (34)

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1.

Electronic Records as Evidence

Number of pages: 43 Posted: 19 May 2014 Last Revised: 19 Feb 2018
Ken Chasse
Independent
Downloads 443 (65,968)

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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: 153 Posted: 19 Jul 2016 Last Revised: 08 Nov 2018
Ken Chasse
Independent
Downloads 234 (133,873)
Citation 2

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Law society management structures, Access to justice, A2J, Alternative legal services, judicare model, alternative business structures, Law Society of Upper Canada, CanLII, justice system, unaffordable legal services, legal research, clerking, judges’ clerks, LSUC, bencher, rule of law, cause of jus

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 150 (200,080)

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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.

Legal Advice Services Cannot Be Automated by Alternative Business Structures

Number of pages: 6 Posted: 17 Oct 2014
Ken Chasse
Independent
Downloads 105 (262,516)
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

6.

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 90 (290,496)

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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

7.

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 83 (305,548)
Citation 8

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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 80 (312,317)
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.

Law Society Policy For Access to Justice Failure

Number of pages: 46 Posted: 14 Jun 2019
Ken Chasse
Independent
Downloads 73 (329,299)

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

10.

'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 70 (337,089)

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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

11.

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 70 (337,089)

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

12.

No Votes in Justice Means More Wrongful Convictions

Number of pages: 28 Posted: 09 Jun 2016 Last Revised: 10 Jun 2016
Ken Chasse
Independent
Downloads 69 (339,707)

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13.

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 67 (345,094)

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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

14.

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

Number of pages: 41 Posted: 27 Jan 2016
Ken Chasse
Independent
Downloads 64 (353,430)

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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

15.

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 60 (365,203)
Citation 2

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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

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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

17.

Indexing

Number of pages: 18 Posted: 19 Oct 2014 Last Revised: 20 Oct 2014
Ken Chasse
Independent
Downloads 55 (380,849)

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

18.

Electronic Discovery's 'Records Review Stage' Software Programs

Number of pages: 20 Posted: 01 Oct 2018
Ken Chasse
Independent
Downloads 54 (384,103)

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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

19.

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 52 (390,633)

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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

20.

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 51 (394,015)

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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

21.

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 50 (397,431)

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

22.

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 50 (397,431)

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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

23.

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 47 (407,844)
Citation 1

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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

24.

Technology, Evidence, and Its Procedural Rules

Number of pages: 64 Posted: 01 Oct 2018
Ken Chasse
Independent
Downloads 44 (418,904)

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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

25.

The Dependence of Electronic Discovery and Admissibility Upon Electronic Records Management

Number of pages: 5 Posted: 19 May 2014
Ken Chasse
Independent
Downloads 42 (426,489)

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26.

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 38 (442,691)

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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

27.

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 37 (446,818)
Citation 1

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

28.

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

Number of pages: 62 Posted: 21 May 2019
Ken Chasse
Independent
Downloads 32 (468,781)

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

29.

A Canada Evidence Code Should Replace the Canada Evidence Act

Number of pages: 16 Posted: 31 May 2014
Ken Chasse
Independent
Downloads 31 (473,499)
Citation 2

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

30.

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 26 (499,376)
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

31.

Making Sufficient Knowledge of Technology Available to Counsel

Number of pages: 69 Posted: 01 Oct 2018
Ken Chasse
Independent
Downloads 23 (516,327)
Citation 4

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

32.

The Failure to Innovate to Solve the Unaffordable Legal Services Problem

Number of pages: 6 Posted: 06 Jul 2014
Ken Chasse
Independent
Downloads 21 (528,150)

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33.

Canada's Law Societies Need a Civil Service

Number of pages: 41 Posted: 09 Jan 2019
Ken Chasse
Independent
Downloads 19 (540,112)

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

34.

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 11 (589,768)

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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: 29
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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 20

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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 9

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electronic discovery & admissibility, conceptual foundation, legal infrastructure