Trial Adjourned Due to Lawyer’s Laptop April 15, 2010

The National Post has an “interesting” story today about an Ontario justice of the peace who adjourned a trial after the Crown prosecutor complained that the laptop was a “recording device” and thus not allowed. The sad part is that the judge bought it. Here is what the defense counsel had to say:

“I went all through law school using only a laptop. I can’t even write anymore. Sometimes I don’t even have a pen. My whole brain is in there: legal research, case law,” Mr. Robichaud said. “That’s the beauty of it.”

He also questioned the justice of the peace for assuming he will record the proceedings, just because his computer is capable of it. “It’s like saying I have the capability to punch someone in the face, and therefore I have to keep my hands in my pocket,” he said.

As noted by W. Michael G. Osborne on John Gregory’s listserv: “It would seem that a practice direction explicitly allowing lawyers to retain their laptops, Blackberries, etc in the courtroom may be required.”