most disputes are dealt with at first instance outside the formal legal system through Kaikea (roughly translated as village mediation) where Nai Ban (local chiefs) and elders attempt to resolve disputes between parties. Many matters, particularly criminal, are dealt with through the formal legal system, and it is clear that many in the legal sector, such as the police, courts, and prosecutors, have little idea of a lawyer’s role and are uncomfortable in their relationship with members of the bar. In recent meetings I attended, judges and police officials expressed their dismay with lawyers who are not “impartial” when they defend clients in criminal proceedings (the vast majority of accused persons are not represented at all). As a result, lawyers are not easily able to perform the function of an advocate; they frequently have difficulty getting copies of police files and seeing clients in custody. In the courtroom, lawyers must obtain leave of the court to ask questions of their client (there is no right to silence) and rarely are they granted permission to ask questions of other witnesses. Often, their contribution is restricted to limited closing remarks. It was in this context that I assisted the organization of a five-day Lawyer Skills Training Workshop last December for all of our members. This training, which was developed by the CBA’s International Development Program, used participatory methods to teach client interviewing, drafting and advocacy skills. The week ended with a day-long mock trial incorporating elements of the Canadian and Lao systems. By all accounts, the training was a great success and I have since overheard several lawyers comment about how they are trying to implement their new skills in their practices and in the courtroom. Perhaps even more notably, the translation of the CBA’s comprehensive materials into the Lao language is the first resource of its kind ever produced here. Speaking personally, I couldn’t ask for a better overseas experience than living here — Vientiane is a contrast of ancient and modern, sleepy and hectic. During my morning walk I pass lines of softly-chanting, saffron-robed monks walking through the villages collecting sticky rice and other alms for their temples. During rush hour, I dodge dozens of motorbikes and tuk tuks that whiz by chaotically in all directions on the streets and walkways. Most women here wear cins, traditional long skirts, but on weekends one is equally likely to see young Lao women sporting jeans and chatting on cell phones. So much of life is lived outside here – women cooking, minding their small shops; men building, fixing motorbikes, relaxing with a Beer Lao; children playing badminton, checkers with bottle caps, and an amazing array of other games. I am often the lucky recipient of a cheerful Saibaidee (hello) from kids, which is delightful. (One night, a little guy eager to practice his English bounded up to me as I was walking home relatively late with a confident and enthusiastic “Good Morning!”) It has been a pleasure to live in Lao PDR, and to be part of the Canadian “team” supporting the Bar here. Now, if I can just figure out a way to bring the tropical climate back with me when I return to Canada … • — Julie Smith
John McLeish authors important new text JOHN A. MCLEISH (LL.B.’73) has recently
published a book on the challenging topic of brain injury litigation. Both John and his co-author, Roger Oatley are certified specialists in civil litigation and restrict their practice to the plaintiff side of personal injury and death claims. Their book, The Oatley McLeish Guide to Brain Injury Litigation, lays out the conduct of a brain injury case from start to finish. Part one begins with the basic anatomy of a brain injury. Part two explores what is involved in preparing for a brain injury case. Part three focuses on the trying of a brain injury case. John has dedicated most of his career to representing individuals who have suffered traumatic brain, spinal cord and orthopedic injuries, as well as families where a family member has been killed through negligence. John has also authored a manual on motor vehicle litigation and is a co-author of a Guide to Personal Injury Practice in Motor Vehicle Cases. He lectures and publishes extensively for various continuing legal education programs on trial advocacy and all matters related to actions for personal injury and wrongful death damages. John is a past president of the Ontario Trial Lawyers Association, a past governor of the Association of Trial Lawyers of America, and a past director of the Ontario Brain Injury Association. He is a Fellow of the American College of Trial Lawyers and other legal organizations related to trial advocacy and personal injury practice. John is a partner in the firm McLeish Orlando LLP in Toronto. John and his co-author are donating the royalties from their book to the Head Injury Clinic at Toronto’s St. Michael’s Hospital. • Dalhousie Law School Hearsay 2006
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