Lawyers should learn how the legal community approaches problems differently than do business or government.
150 years ago, if you found that you were riding a dead horse, the same solution was commonly accepted by almost everyone. 2022 has a more sophisticated technological approach, illustrating 3 diverging philosophies and types of working methods for this problem. Some examples follow.
A. Solutions from Large Business Client
Point out that that is the way this big respected company has always ridden this horse.
Set up a committee to study the horse.
Claim a capital loss, and amend upwards the horse's adjusted cost base.
Promote the horse to a supervisory post.
Study what effects live and dead horses have on the environment.
Contract out riding the horse.
Harness together several dead horses.
Get government funding to electrify or power by solar panels this horse, or to hire temporary horses in the summer vacation.
Hire quality officers to improve the dead horse, or marketing consultants to find novel uses for dead horses.
Visit other countries to see how they ride dead horses.
Increase staff training to boost their riding ability.
B. Solutions from Government or Military Departments or Organizations
Amend the rider's job description.
Amend the horse's job description.
Spend the year's budget for hay and feed before the end of the fiscal year.
Transfer the horse to another department
Hide the death of the horse.
Remove all records that the horse existed.
Court-martial the rider
Give the horse an official written warning.
C. Solutions from Courts and Law Offices
Define the term "horse" narrowly
Sue to declare the horse's death a nullity, preferably a Charter breach
Sue the horse's parents
Define broadly "death benefits" under the Canada Pension Plan
Point out that the present state of the horse's health is a matter for individual discretionary or professional judgment in the particular circumstances of each case, to which deference is owed.
In the insurance policy, define "employee" and "disabled" broadly.
Search for some conflict of interest by the rider.
D. Solutions from Municipal Governments
All of the above.
– Hon. J.E. Côté
The Commentaries are intended to call the attention of lawyers to promising or threatening developments in the law, in civil procedure, in developing their skills, or simply to describe something curious, funny or intriguing.
Justice Côté recently retired from the Court of Appeal of Alberta and currently acts as an arbitrator, mediator, or referee under Rules 6.44 and 6.45 of the Alberta Rules of Court.