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Unlike lawyers, judges are part of a process that is and must be public. The more the public knows about the judicial process the better, and that includes understanding what judges do and why they do it. permission. The commentary on this rule says, "The duty sur- vives the professional relationship and continues indefinitely after the lawyer has ceased to act for the client. . . ." Another Ontario rule, 2.03(6), specifically addresses the writing of books: "If a lawyer engages in literary works, such as a memoir or an autobiography, the lawyer shall not disclose confidential information without the client's or former client's consent." Very similar structures exist in the other provinces. But in many cases, how these rules apply is far from clear. Take the lawyer-turned-novelist. Famous authors from Mark Twain to Ernest Hemingway are supposed to have advised budding scribblers to "write what you know." Whether this is good advice or not, you can bet that many a lawyer/ novelist operates that way. Courtroom scenes are based on cherished memories of personal forensic triumphs. Accounts of corporate scheming draw upon remembered participation in headline-grabbing takeovers. Descriptions of law firm intrigue are based on long personal experience of partnership politics. All of this, of course, is subject to the law of libel. But do the formal rules of professional conduct apply as well? Should the permission of a former client be sought if a fictional plot is based on something involving him that actually happened? Perhaps it depends on how closely the supposedly fic- tional account conforms to what actually took place. That's a particularly interesting issue given the modern inclination to blur the line between fact and fiction. The blurring ten- dency began in 1966 with Truman Capote's In Cold Blood, a fictionalized account of an actual murder; Capote called his book a "non-fiction novel." It can work the other way as well. As fiction can resemble fact, so "fact" can turn out to be fiction. Remember, for example, James Frey's 2003 book A Million Little Pieces, promoted by Oprah Winfrey? That was supposed to be a genuine memoir, but, to Oprah's great and magnificent annoyance, it turned out that Frey had invented much of it. Oprah lambasted Frey on television, although she later forgave him. As for judges, in the United States even the most senior members of the judiciary apparently feel free to write at any time about any aspect of their lives — see, for example, Clarence Thomas' My Grandfather's Son (2007), and the forth- coming autobiography by Sonia Sotomayor, both sitting asso- ciate justices of the U.S. Supreme Court. Canadian judicial memoirs include William Morrow's Northern Justice (1995), David Vanek's Fulfilment (1999), Sam Hughes' Steering the Course (2000), Fred Kaufman's Searching for Justice (2005), and John Reilly's Bad Medicine (2011). All of these Canadian books, I believe, were written once the author had left the bench. Is it okay for a judge to spill the beans? "Ethical Principles for Judges," a booklet published by the Canadian Judicial Council, is silent on the matter. I can think of no reason why a judge, even a sitting judge, cannot discuss cases once they are over and done with. Unlike lawyers, judges are part of a process that is and must be public. The more the public knows about the judicial process the better, and that includes under- standing what judges do and why they do it. It is said that when Edward Gibbon gave the Duke of Gloucester the second volume of Decline and Fall of the Roman Empire, the duke commented, "Another damned thick, square book! Scribble, scribble, scribble! Eh! Mr. Gibbon?" Gibbon's history was, of course, an extraordinary work and the Duke's implicit criticism quite inappropriate. Most books are not extraordinary, but that doesn't stop us writing them. Philip Slayton is writing a novel about legal and corporate intrigue on Bay Street. Follow him on Twitter @philipslayton. KEEP PACE WITH THE EVOLVING LANGUAGE OF THE LAW NEW EDITION POCKET DICTIONARY OF CANADIAN LAW, 5TH EDITION DAPHNE A. DUKELOW, B.Sc., J.D., SLL.M. Find a quick reference to current Canadian legal definitions with the Pocket Dictionary of Canadian Law, 5th Edition. ORDER # 983688-64809 $49 Softcover 650 pages July 2011 978-0-7798-3688-8 This new edition includes 3,000 new and revised legal terms that have entered the legal lexicon through case law, treatises, learned journals and legislation including federal and provincial statutes. 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