The changing legal profession: anticipating the future

Transcription

Spring 2013 Volume 17, No. 1 / Printemps 2013 Volume 17, no 1
Published by The Law Society of Upper Canada / Publiée par le Barreau du Haut-Canada
FOCUS
The changing legal profession:
anticipating the future
TAG — Treasurer’s Advisory Group on
Access to Justice begins with success
New video highlights value of
Certified Specialist Program
Solo and Small Firm Conference & Expo
Public Legal Education
The Promise of Technology,
the Merit of Simplicity
Tour d’horizon
Tendances dans la pratique du droit
John D. Honsberger, O.Ont., Q.C., LSM
Founding editor of the Law Society
Gazette recognized
Notice
ANNUAL GENERAL MEETING
Notice is hereby given that the Annual General Meeting of The Law Society of Upper
Canada will be held at Osgoode Hall, 130 Queen Street West, Toronto, on Wednesday,
May 8, 2013 beginning at 5:15 in the afternoon. All members of the Society are invited
to attend.
Osgoode Hall
February 22, 2013
James Varro
Secretary
Avis
Assemblée générale annuelle
La prochaine assemblée générale annuelle du Barreau du Haut-Canada se tiendra
à Osgoode Hall, 130, rue Queen Ouest, à Toronto le mercredi 8 mai 2013 à 17 h 15.
Tous les membres du Barreau sont invités à y assister.
Osgoode Hall
Le 22 février 2013
James Varro
Secrétaire
SPRING 2013 | Vol. 17, No. 1
PRINTEMPS 2013 | Vol. 17, no 1
The Gazette (ISSN 0023-9364) is published by
The Law Society of Upper Canada, the
licensing and regulatory body governing the
legal profession in Ontario. Articles appearing
in the Gazette do not necessarily represent
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La Gazette
Barreau du Haut-Canada
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Thomas G. Conway
Chief Executive Officer
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& Editor-in-chief
Roy Thomas
managing editor
Lisa Hall
production editor
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Design & ART Production
Barbara Bailey
contributors
Ayumi Bailly
Filippo Conte
Christopher Guly
Sally Hewson
Robyn Rucchin King
Denise McCourtie
Katie Rook
Susan Tonkin
Aaron Wrixon
French Language Contributor
Collaboratrice de langue française
Geneviève Proulx
photography
Tim Fraser
Della Rollins
cover
Spark Studio/Imagezoo/Getty Images
The changing legal profession: anticipating
the future, page 4
Family law website delivers helpful
guidance in plain language, page 14
Retention programs to include paralegals,
page 19
Contents
2
TREASURER’S Q & A | Entretien avec le trésorier
4
FOCUS
The changing legal profession: anticipating the future
news
11
Law Society calls for proposals for new Law Practice Program | 11
National competency profile for lawyers approved | 11
TAG: Treasurer’s Advisory Group on Access to Justice begins with success | 12
13
YOUR PRACTICE
Real Estate Declaration introduced for Lawyer Annual Report | 13
Important Reminder: Late fee policy in effect | 13
Family law website delivers helpful guidance in plain language | 14
CPD: make a plan | 15
New video highlights value of Certified Specialist Program | 16
Peer volunteers needed for Member Assistance Program | 16
Don’t miss this year’s Solo and Small Firm Conference & Expo | 17
Law Society Referral Service provides thousands of referrals to those seeking assistance | 18
Net Benefits: Online Gazette | 18
Paralegal Update | 19
20
perspectives
Annual golf tournament helps Lawyers Feed the Hungry provide healthy meals | 20
Public Legal Education: The Promise of Technology, the Merit of Simplicity | 21
Why I Went to Law School: Informing public perceptions | 22
23
tour d’horizon
Tendances dans la pratique du droit | 23
Les tendances de la profession juridique en français | 24
Le Barreau à la foire | 25
Cliquez justice | 26
27
IN RECOGNITION
29
convocation decisions
judicial appointments
33
The Hon. Ian Corneil Binnie, C.C., Q.C.; John D. Honsberger, O.Ont., Q.C., LSM;
The Hon. Dennis O’Connor, Q.C.; The Hon. Sydney L. Robins, O.Ont., Q.C., LSM
Recent rule and by-law amendments | 30
Convocation attendance and roll-call votes | 31
Printed on paper containing recycled material.
THE LAW SOCIETY OF UPPER CANADA 1
treasurer’s Q & A / Entretien avec le trésorier
in this edition of the Gazette, Treasurer Conway shares his thoughts on the
Law Society’s role to facilitate access to justice, why it’s a priority and what he’s
doing to advance the issue during his term. He continues to explore access to justice
on his blog www.lawsocietygazette.ca/treasurers-blog, encouraging dialogue and
welcoming new views and different perspectives on the issue.
Dans ce numéro de la Gazette, le trésorier Conway parle du rôle du Barreau
pour favoriser l’accès à la justice, de la priorité qu’il y accorde et de ce qu’il fait
à cet égard durant son mandat. Il explore l’accès à la justice sur son blogue à
www.lawsocietygazette.ca/treasurers-blog où il encourage le dialogue et les
nouvelles perspectives sur le sujet.
In a recent blog post, you called access to justice
“one of the most pressing issues facing the profession
today.” Talk about why that is.
I believe the average citizen feels alienated from the justice system and I think that’s a problem.
How the system is structured and operates has contributed significantly to that attitude. If we don’t correct
that perception — and do something about the reality —
our democracy is going to suffer.
Access to justice, for me, doesn’t just mean access to
the courts, or to lawyers or paralegals. It is that people
who live in a democracy like ours understand their legal
rights and how to advocate for them and believe that
their disputes can be resolved quickly and within their
means… that they can have ready access to straightforward, easy to understand legal information and
assistance that helps them avoid or prevent a legal
problem in the first place, or to resolve their disputes,
when one arises.
Many people don’t realize the Law Society has a broad
mandate to facilitate that kind of access.
You’re right. Since 2006, we’ve had a specific legislative mandate to facilitate access to justice. That mandate
means something — it means we actually can’t ignore
the issue.
So we’ve done a lot of work in that area. Paralegal
regulation is one example, or yourontariolaw.com,
the family law portal. As well, programs like Justicia
that we’ve implemented so that the public can access
2 GAZETTE | SPRING 2013
Dans un de vos récents blogues, vous avez qualifié
l’accès à la justice d’un « des problèmes les plus
pressants auxquels fait face la profession aujourd’hui ».
Pouvez-vous nous dire pourquoi ?
Je crois que le citoyen moyen se sent éloigné de l’appareil
judiciaire et à mon avis, c’est un problème.
La structure et le fonctionnement du système ont
largement contribué à cette attitude. Si nous ne rectifions
pas cette perception — et n’agissons pas en fonction de la
réalité —, notre démocratie en souffrira.
L’accès à la justice, pour moi, ce n'est pas seulement
l’accès aux tribunaux, aux avocats ou aux parajuristes.
C’est aussi que les personnes qui vivent dans une
démocratie comme la nôtre comprennent leurs droits et
comment les défendre; et croient que leurs différends
peuvent être réglés rapidement et selon leurs moyens…
qu’elles puissent trouver de l’information juridique
simple et facile à comprendre et de l’aide pour éviter des
problèmes juridiques au départ, ou pour résoudre leurs
différends dès qu’ils surgissent.
Peu de gens savent que le Barreau a un large mandat
pour favoriser ce genre d’accès.
C’est vrai. Depuis 2006, nous avons un mandat précis
visant à favoriser l’accès à la justice. Ce mandat est
important, car il nous empêche de faire abstraction
du problème.
Nous avons donc accompli beaucoup de travail à
cet égard. La réglementation des parajuristes en est un
exemple, ou encore yourontariolaw.com, le portail sur le
legal professionals who reflect their own racial or
gender identities… these initiatives are all connected.
That said, we have yet to consciously focus on what
the Law Society’s role is in the broader community.
What I’m hearing from judges, lawyers and paralegals
is there’s a need for leadership and coordination on these
issues. I think that the Law Society is uniquely positioned to bring that leadership… to bring a more strategic and overarching focus to the efforts and initiatives
in this field and see that they are developed and delivered in more collaborative and integrated ways. How can
the Law Society fulfil such a role? Well, we still need to
determine that.
You’ve recently started holding meetings to do exactly
that — define that role.
Yes. I have established a Treasurer’s Advisory Group on
Access to Justice to gather advice from a broad cross-section of those working on these issues. I have already met
with people in organizations with an access to justice
mandate and we started talking about a role for the Law
Society moving forward.
Now, we’re obviously going to have to broaden the
conversation — lawyer and paralegal associations,
government and courts, academia, other intermediaries;
they all have a voice too… so I intend to actively engage
them for advice as well.
People we interviewed for this issue’s Focus section
are suggesting that technology will be key to enabling
access to justice. What are your thoughts on that?
Technological developments in the last five years have
shown incredible potential for improving access to
justice. There are risks there, too, and as legal
professionals we have to be concerned about them.
The Law Society is paying close attention to what
influence technology is having on how law is practised
and on how legal information is delivered.
At the same time, we are identifying who can best help
us achieve our mandate of facilitating access to justice.
I’ve been talking about the Law Society’s statutory
duty to facilitate access to justice, but it’s also the
responsibility of everyone who’s a member of the
Law Society.
Whether you’re a lawyer or a paralegal, whether
you’re in a big firm or a small firm, it’s your responsibility
too. It’s all of ours, collectively, as a profession.
droit de la famille. Il y a aussi des programmes comme
Justicia que nous avons mis en œuvre pour que le public ait
accès à des professionnels du droit qui sont de leur race ou
de leur sexe… ces initiatives sont toutes connectées.
Cela dit, nous devons encore nous pencher sur la nature
du rôle du Barreau dans la collectivité.
Les juges, avocats et avocates et parajuristes me parlent
d’un besoin de leadership et de coordination à cet égard.
Je pense que le Barreau bénéficie d’une position privilégiée
lui permettant de fournir ce leadership… de favoriser des
initiatives et des efforts plus stratégiques et plus globaux dans
ce secteur, et voir à leur élaboration et à leur délivrance d’une
façon plus collaborative et intégrée. Comment le Barreau
peut-il remplir ce rôle ? Eh bien, cela reste à déterminer.
Vous avez récemment commencé à tenir des rencontres
pour accomplir cela — pouvez-vous préciser ce rôle ?
Oui. J’ai créé un groupe consultatif du trésorier sur l’accès
à la justice pour recueillir des opinions de toutes sortes de
personnes qui travaillent sur ces questions. J’ai déjà rencontré
des personnes d’organisations qui ont un mandat d’accès à
la justice et nous entamons des discussions sur le rôle du
Barreau à partir de maintenant.
Il est évident que nous allons maintenant élargir la
conversation – les associations d’avocats et de parajuristes, le
gouvernement et les tribunaux, les universitaires et d’autres
intermédiaires ont aussi une voix… j’espère les engager
activement pour obtenir leurs conseils.
Certaines personnes que nous avons interviewées
pour ce numéro suggèrent que la technologie est un
aspect primordial pour donner accès à la justice.
Qu’en pensez-vous ?
Les progrès de la technologie au cours des cinq dernières
années ont fait ressortir des possibilités incroyables pour
améliorer l’accès à la justice. Cela comporte aussi des
risques dont nos professionnels du droit doivent se soucier.
Le Barreau est très attentif à l’influence de la technologie
sur l’exercice du droit et sur la prestation de l’information
juridique.
Parallèlement, nous déterminons qui peut le mieux
nous aider à favoriser l’accès à la justice, conformément à
notre mandat.
J’ai parlé de l’obligation du Barreau de favoriser l’accès à la
justice, mais cette responsabilité revient aussi à chaque membre
du Barreau.
Que vous soyez un avocat ou une parajuriste, que votre
cabinet soit grand ou petit, c’est aussi votre responsabilité. Elle
nous incombe à tous, collectivement, en tant que profession.
focus
“We’re living in a new world filled with structural changes that aren’t reversing. So it
is imperative that we learn how to use them in order to better serve the public interest.”
— Mitch Kowalski, lawyer, author
focus
The changing legal profession:
Change is upon us, driven mainly by the public’s need for better access to legal services.
Trends such as globalization, technology and pressure to reduce the cost of legal services will increasingly
shape the legal landscape. In Ontario, the Law Society has begun to look at Alternative Business Structures
(ABS). As part of that work, the ABS Working Group is examining these trends, exploring the ideas of legal
futurists and observing developments both at home and abroad. The working group will be assessing the
implications of these trends, ideas and developments, including potential regulatory impact, for the Law Society.
This article presents the perspectives of thought leaders in Canada, the United States, and England on how
spark studio/imagezoo/Getty Images
legal services may be provided in the future and the related regulatory challenges.
in mitch kowalski’s view, lawyers in the future will be
more consultants than technicians.
“They’ll need far more than legal skills,” explains Kowalski,
author of the acclaimed 2012 book, Avoiding Extinction:
Reimagining Legal Services for the 21st Century. “Among other
things, they’ll need project-management and peoplemanagement skills. Lawyers will also need to be comfortable
managing a number of different moving parts and different
players in order to create solutions for clients.”
Many of Kowalski’s ideas come not only from studying
legal markets across the world, but also from his own eclectic
experience in a wide range of legal service roles, ranging from
practising law at the Toronto office of global law firm Baker
& McKenzie and at one of Toronto’s oldest, mid-sized firms,
Aylesworth, (which merged with Dickinson Wright PLLC
in 2011), to being in-house counsel at the City of Toronto,
performing a business role at First Canadian Title and now
operating a small solo practice in Toronto.
Kowalski says that lawyers of the near future will serve
as “quarterbacks” handing the ball to a variety of players each
of whom fulfil discrete tasks for each situation. “The successful 21st-century law firm will use a number of different players and options appropriate for each situation, as opposed to
the current approach where the law firm does everything on
a file.”
Mitch Kowalski at Convocation's live webcast of the Articling Debate, fall 2012
Lawyers will also have to be much more comfortable using
technology so that they are not only more mobile, but also
more interconnected with clients.
While major law firms all claim that they’re very efficient,
“if you actually went through their operations with a Lean Six
Sigma Black Belt, you’d find a lot of waste and inefficiency.
focus
Smaller firms are better positioned to become efficient and
lean, which in turn will allow them to punch above their
weight and do work that bigger firms can do,” says Kowalski.
Lawyers also need to be better at running their files,
he explains.
“Most lawyers project-manage in their heads instead of
mapping out the file step-by-step. A disciplined project management approach allows lawyers to not only rethink how
files are run, but also gives lawyers a greater understanding
of the actual costs of each file,” Kowalski says. “This approach
is critical for pricing and for managing client expectations on
process and price.
“There are a lot of things that can be re-engineered.”
Rethinking legal services
That’s why Kowalski believes it’s time for the profession
to undergo a complete overhaul. The billable hour is “outdated” since it doesn’t provide lawyers with an incentive to be
“efficient” and because, in his view, there is “no connection
between time spent on a file and value to the client.”
Similarly, he feels the partnership model is obsolete and
exceptionally fragile. “The short-term goals of individual lawyers — such as making as much money as they can this year —
do not automatically lead to the long-term viability of a firm.”
“Acting in the long-term interests of the firm actually
reduces the amount of money each lawyer takes home in the
short term.”
Kowalski prefers a corporate model to a partnership model,
where executives and boards of directors think long term,
focus on concepts of custodianship, stewardship, responsibility, and accountability and also make long-term investments
that are in the interests of the firm as a whole, despite any
short-term personal costs. In other words, he believes that
“where a partnership is merely the sum of its parts, a corporation can be greater than the sum of its parts.”
Kowalski also points out that the partnership model has no
mechanism to allow for outside investment to fund innovations. Any innovation must be funded from within the partnership, creating large short-terms costs for existing partners.
According to Kowalski, capital investment is key to funding
innovations necessary to drive efficiencies and he points to
the United Kingdom as an example to be emulated.
“The Legal Services Act opened up the field to non-lawyer
ownership in legal service entities, which is driving efficiencies, lowering prices and providing greater access to justice in
the UK,” explains Kowalski, who has also lectured in the UK
on innovative thinking in the legal profession. “Capital is a big
driver of innovation, so if your only source of capital is from
your partners, it’s extremely limiting.”
“But if you allow outside investors, you theoretically have
unlimited amounts of capital that can be invested to create
processes, purchase technology and even develop new technology that will be beneficial to your firm and to your clients.”
He hopes Canadian law societies will follow the lead of the
UK and permit ABSs that allow non-lawyers to manage or coown law firms in England and Wales.
“It’s all about access to justice,” says Kowalski.
Embracing technology
Kowalski says that technology is another way access to justice
can be improved.
California-based LegalZoom — a one-stop online
legal shop established by four U.S. attorneys that provides
businesses and individuals with routine solicitor work
involving incorporations, trademarks and wills and estates
— is one initiative that demonstrates how practitioners
can improve the efficiency and effectiveness of delivering
legal services.
Another example is Michigan State University law professor Daniel Katz, who is designing high-tech tools to help
litigation counsel advise clients as to the feasibility of their
cases. Katz and his team are working with big data and algorithms so that eventually a lawyer will be able to enter a set
of facts into a program — based on a compendium of case law
in the United States — and that program will then determine
the odds of success.
“It’s probably five years away from going live, but it certainly demonstrates how technology is going to impact how
we litigate and negotiate settlements,” says Kowalski.
Current technology already enables lawyers to have
virtual offices that are able to reach under-served communities hungry for legal services at affordable rates. “Consider
rural areas of the province where older lawyers are retiring.
Perhaps a lawyer won’t need to have an office in small-town
Ontario as long as he or she has a virtual presence there.
Locals can deal with that lawyer through Skype or some
other interactive technology and get the same level of service,” says Kowalski.
“We’re living in a new world filled with structural changes
that aren’t reversing. So it is imperative that we learn how to
use them in order to better serve the public interest.”
At the same time, lawyers will face an increasing presence
of non-lawyers offering low-cost online legal services, says
Penn State Dickinson School of Law professor Laurel Terry, a
scholar in the international regulation of the legal profession.
“There will be a lot of pressure on lawyers to come up with
very efficient means to compete and they’re going to need to
persuade clients about the value-add of their services, which
to me is the training, experience and judgment involved
in representation,” she explains, noting that in the future,
clients may initially interact with counsel online from their
homes rather than meet in their lawyer’s office to begin the
preliminary work on their case.
Globalization and other
pressures
However, lawyers will also have to be mindful of the dramatic
effect of globalization and changing demographics.
Terry points out that Canadian exports and imports of legal
services more than doubled between 1995 and 2011. “That
means lawyers will need to be prepared to help business
clients navigate not just within the bounds of their province
or territory, but also help them globally — and that’s a skill-set
lawyers may not have had in the past.”
Lawyers will have to think — and act — globally when
representing non-business clients too, she says.
For instance, Terry cites a 2010 Statistics Canada study
that predicted that by 2031, between 25 and 28 per cent of
the country’s population will be foreign-born. The report
noted that Canada’s foreign-born population was expected to
grow at a rate four times faster than the rest of the population,
and that by 2031, 46 per cent of Canadians 15 years of age or
older will be foreign-born or have at least one non-Canadian
born parent.
That demographic shift will bring with it issues not only
involving immigration law, but also ancillary issues, such
as foreign property or inheritance flowing from wills and
estates law.
“Lawyers in the future are much more likely to deal
with legal issues arising in other countries for their clients,” says Terry, who recently wrote an article on trends in
global and Canadian lawyer regulation for the University of
Saskatchewan Law Review.
“It doesn’t mean that every Canadian lawyer will have to
become competent in international law. But if they’re not,
they will need to be able to find an expert who can help their
clients on international matters.”
Ultimately, lawyers will have to better understand what
clients want and need, argues Crispin Passmore, director of
strategy at the Legal Services Board (LSB) in London.
“I’m not convinced there’s such a thing as the legal services
market,” he says.
“Consumers want problem avoidance and problem resolution and sometimes legal advice, and it doesn’t matter
whether it’s an individual caught up in a family breakdown;
a small business hiring employees, engaged in major finance
deal or exporting intellectual property; or a big business doing
compliance work, tax management or risk management.
“People want help to either avoid problems happening or
when they happen, they want to manage them effectively. So
Penn State Dickinson School of Law professor Laurel Terry, a scholar in the
international regulation of the legal profession
it’s not really a legal market. It’s more of a problem-avoidance/
problem-resolution market.”
Alternative ways to meet
client needs
In Passmore’s view, as competition for the legal services market
increases, it will shift from what he refers to as “performance
competition,” where lawyers try to focus on costs and quality of
service to improve what they do, to “disruptive competition,”
where counsel attempts to meet client needs differently.
“That might find lawyers offering mediation and arbitration instead of traditional legal services,” he explains.
Passmore suggests in the future, other players, such as
accountancy firms, may provide legal extras, such as compliance work traditionally performed by lawyers, but in this case,
run through a corporate software program to which clients
would have direct online access.
“It’s as much about how can people’s needs be met by
alternatives to lawyers as it is about lawyers changing what
they do,” says Passmore, who prior to joining the LSB in May
2009, worked for the UK’s Legal Services Commission as
executive director of policy and before that, was the first nonlawyer to serve as CEO of the legal aid-type, not-for-profit
Coventry Law Centre in the UK.
At the LSB, he is witnessing firsthand how the legal profession is undergoing dramatic change in his jurisdiction.
focus
Created as an independent body under the 2007 Legal
Services Act, the LSB regulates law firms and has the
mandate to modernize the provision of legal services by
facilitating the development of ABSs, subject to their own
regulatory requirements.
Firms intending to provide certain legal services reserved
for legal professionals — but which seek to do so with the
involvement of a non-lawyer, and in which either corporate managers or non-lawyers together exercise control, or
are entitled to control the exercise of at least 10 per cent of
the voting rights in the firm — must be licensed as an ABS in
England and Wales.
In Passmore’s view, the shareholding ABS model offers
greater opportunity for the delivery of legal services.
Providing capital and
expanding offerings
“Profit gets distributed to shareholders rather than to managers whereas in a partnership, the managers and shareholders are one in the same,” Passmore says, echoing Kowalski’s
criticism of the partnership model.
“That matters if you imagine a director telling partners
they need to push down costs and need to invest X amount
of money. What they’re being asked is to take that money out
of their income or profits, which doesn’t happen in corporations. Those funds come out of surplus profit after money is
distributed to shareholders. With ABSs, you bring capital to
the game so that firms with good ideas can raise money to
expand quickly.”
Passmore says that some of the first ABSs to arrive in the
UK looked like law firms but were able to quickly raise capital
to expand their legal offerings on a large scale, such as superretailer Co-operative Group, which sells food, appliances,
insurance, travel and offers banking, pharmacy and legal services in everything from wills and estates, conveyancing and
personal injury claims to employment law and, most recently,
family law.
If a client cannot afford the legal fees upfront, Co-operative
Legal Services Ltd. will provide them a low-cost loan and
secure the credit against any future settlement or asset distribution, Passmore explains.
“This allows Co-op to grow the banking and legal services
sides of its business, and the company can also cross-sell into
other areas, such as its funeral business. The company can
offer to probate a will and remind other family members to
write one, and provide investment advice for any assets from
an estate.”
Co-op relies on its brand to reach existing and potential
customers. The same holds true with QualitySolicitors, an
Internet-based alliance of independent UK law firms that,
in 2011, formed a national partnership with high-street stationery giant, WHSmith, to set up shop with “Legal Access
Points” in over 150 branches across England and Wales, where
bookstore customers can enquire about legal services but not
receive direct legal services, as is the case with Co-op. (Last
year, QualitySolicitors teamed up with LegalZoom to offer
online legal services from solicitors in over 400 locations
across the UK.)
Co-op and QualitySolicitors are considered ‘Mega ABSs’,
which are subject to the same regulatory and disciplinary
rules traditional law firms face in protecting the public against
such issues as the misappropriation of client funds, transparency in pricing and misrepresentation.
“But what really is different is the ability of ABSs to meet
consumer need,” says Passmore.
Further, according to Passmore, “customers don’t care
about the ownership structure of legal services providers
much like they don’t care who owns a supermarket or garage.
They look at the services offered and prices and see whether
they’re happy with it.”
He also dismisses concerns that ABSs are purely driven
by profit.
“We can overstate the idea that external owners are in it for
the money whereas lawyers aren’t. When it comes down to it,
lawyers are trying to make a living as well.”
In fact, former Bank of England deputy governor Sir David
Clementi headed a commission a decade ago that reviewed the
regulatory framework for legal services in England and Wales,
Crispin Passmore, director of strategy at the Legal Services Board (LSB) in
London, England
and suggested in his final report in 2004 that lawyers who don't
think they're in the legal services business wouldn't be in business for long.
“Lawyers are making decisions the same as any other business, and are doing it to maximize profit, which is best done
by meeting consumer demand,” says Passmore, who notes
that one of the first major entrants into retail legal services
was Co-op, which distributes its profits to its members.
Enhancing access via
broader choice
He explains that since the LSB became fully active in 2010,
when the regulatory regime it operates under was activated
by statute, the major issue has been to “strip away the rules
that protect lawyers rather than protect clients.”
“Our focus has been on how to enhance competition and
allow people to come into the legal services market and get
away from the idea that regulation should ever dictate business structure.”
Passmore believes that giving consumers broader choice
can only enhance access to justice.
“Lots of economic theory shows that competitive market
growth will lead to new providers offering legal services and
therefore giving more people greater access to those services,”
he explains.
“Competition also drives innovation, which means people
getting services in different sorts of ways at better pricing.”
For instance, people who don’t qualify for legal aid but who
nonetheless cannot pay standard legal fees are an untapped
market for providers, who, says Passmore, could design affordable services for such consumers.
Clients unhappy with the service they receive from a lawyer at a law firm or an ABS can also file a complaint with the
Legal Ombudsman, an office also established by the Legal
Services Act. “That increases consumer confidence and makes
them less scared of lawyers and able to choose one as they
would access banking, insurance or other professional services,” says Passmore.
Although some jurisdictions around the world are waiting
to see how ABSs play out in the UK, legal markets globally
are headed in one direction, he believes — and that’s toward
liberalization.
Benefits of global reach
As a result of technology shrinking geographic distances, legal
service providers have more opportunity to expand their reach
internationally and serve clients in multiple jurisdictions,
Andrew Fleming, managing partner of Norton Rose Canada LLP in Toronto
according to Andrew Fleming, managing partner of Norton
Rose Canada LLP in Toronto.
He says that Montreal-based Ogilvy Renault LLP, where
he held the same managing partner role he has now, didn’t
hesitate when it was presented with an offer to join Norton
Rose Fulbright, as the global legal practice will be known as of
June 1 when it joins forces with Fulbright & Jaworski LLP of
Houston.
“We recognized that some of our clients with whom we
had very good relationships and did a lot of work were basically looking outward and Canada and the UK are countries
where that is more prevalent than most others,” explains
Fleming. “We decided that if we wanted to be good lawyers
making reasonable amounts of money we could do so by staying in Canada. But if we wanted to reach for the brass ring, we
would have to look outward as most of our clients were with
the idea that we could provide services globally.”
Following the 2011 merger, Norton Rose Canada lawyers now join with their global partners to represent clients
in matters beyond Canada’s borders as Fleming recently did
when he assembled a team to handle the sale of a client’s company that had offices in six foreign jurisdictions.
“We can run the deal out of Toronto, but to have the global
reach like we have with Norton Rose Group [which has
more than 2,900 lawyers in offices on every continent save
Antarctica] means we can capture a lot of the value in that
transaction very easily,” he explains.
“In part, it’s embracing technology and all that it can bring
to us. But fundamentally, it’s about having a group of likeminded professionals around the world with whom we have
enough faith to be able to recommend to our best clients that
they use them in various parts of the world.”
focus
Fleming, who also practises business law, says the profession will have to “embrace an advanced model for the production of legal services,” which includes the extensive use of
technology and within that, a sophisticated knowledge-management system.
“If my colleague in Sydney is doing a public-private partnership for a gas plant in Australia, I should be able to access
all of the knowledge accumulated and use that in connection
with a transaction in Canada.”
Knowledge management, in his opinion, is likely “the largest
and most important tool” global firms have at their disposal.
“People don’t hire law firms, they hire lawyers, and want a
trusted-advisor relationship with them to solve as many problems as the lawyer can and provide them with access to legal
services wherever they do business, which is where we have a
tremendous advantage as a global law firm.”
Fleming characterizes London-headquartered Norton Rose’s
outward reach internationally as a quasi-genetic attribute.
“I think it’s in the DNA of British culture to be global in perspective and look beyond its shores,” he says. “The UK is reasonably small geographically, yet has managed to grab and hold
an incredibly important position in global commerce, with
London still the financial capital of the world. And English
law firms have all been very strong in former British colonies,
such as Hong Kong and Singapore, and now most of them are
branching out into the United States, another former colony.”
Fleming says that Norton Rose’s recent inroads into Canada,
Australia, South Africa and the U.S. is simply a natural extension of the firm’s business model. Other multinational marriages of major firms in Canada are possible, he thinks, but
doubts any large Canadian firms will embrace ABSs.
“The model is pretty straightforward in Canada,” says
Fleming. “It’s either based on a partnership or a professional
corporation for tax-planning purposes.”
However, he concedes that ABSs could be a future fit for
class-action boutiques that typically use settlements from a
handful of successful cases to pay for the many more run on a
contingency-fee basis.
“That sort of practice might need extra capital.”
The one common driver that will guide firms, regardless
of size or practice area, in the future is technology, says Fleming.
“When I started practising law in 1975, I would go to
the library, pull out books and search indexes as part of my
research. Now, I can go on the Internet, type in three or
four words in Google, and I’ve done as much research in 30
seconds that would have taken days to do 10 years ago.”
He adds that Canadians are also becoming empowered in
cyberspace. “It’s becoming so much easier for people to protect
or enforce their rights by getting a sense of what matters and
what can be defended or arbitrated from using the Internet —
and that will be a major factor in the future in terms of how
legal services will be provided.”
Thinking as a service provider
For lawyers, the future will be filled with various pressures,
from clients seeking other options beyond the hourly billing
rate to increasing competition from alternative service
providers who can use technology to replicate legal services
provided by licensed lawyers, says University of Ottawa
technology law professor Michael Geist.
Of all those factors, he believes technology can play an
important role in improving access to justice already seen
through such initiatives as the online compendium of case
law, board and tribunal decisions, statutes and regulations
developed by the Canadian Legal Information Institute
(CanLII), of which Geist serves on the board of directors.
“I also think service providers able to offer more technology-driven, cookie-cutter-style services, such as wills and
estates, real-estate transactions, incorporations and contracts,
will significantly increase access to legal services because
they’ll be able to offer many of those services at lower price
points,” says Geist, who holds the Canada Research Chair in
Internet and E-Commerce Law at the U of O.
But as Penn State’s Terry points out, the most profound
paradigm shift lawyers face in the future is that of being considered service providers.
“The legal profession will not be viewed as a separate,
unique profession entitled to its own individual regulations,
but will be included in a broader group of service providers
that can be regulated together,” she explains, noting that lawyers are already considered service providers under the North
American Free Trade Agreement.
“This new paradigm represents a fundamental, seismic
shift in the approach towards lawyer regulation, and will affect
not only who regulates lawyers but how they are regulated.”
University of Ottawa technology law professor Michael Geist
news
Law Society calls for proposals for new Law Practice Program
the law society issued an open request for proposal (rfp)
on February 1, 2013, for one or more qualified organizations
to design, develop, implement and manage all aspects of
a Law Practice Program (LPP), to begin in the 2014-15
licensing year.
The LPP is part of the three-year Pathways to Lawyer
Licensing Pilot Project, as approved by Convocation in
November 2012.
Under the pilot project, lawyer licensing candidates may
either complete the traditional 10-month articling term with
enhanced documentation, or a four-month long LPP, which
will include an additional four-month co-operative work
placement. The new licensing pilot will be extended for up
to an additional two years if there is insufficient evidence to
properly evaluate the pilot after three years.
The RFP includes certain criteria to be met by the LPP, but
it is up to prospective providers to detail how their proposed
programs will meet that criteria and provide proposals on
course and co-operative work placement structure.
The closing date for Receipt of Notice of Intention to Submit a
Proposal was March 15, 2013 by 5 p.m. EST. The closing date
for Receipt of Proposals is May 31, 2013 by 5 p.m. EST. The
Law Society expects to announce results of the RFP process
in the fall of 2013.
The RFP is available on the Law Society website at
www.lsuc.on.ca/LPP/
National competency profile for lawyers approved
Convocation recently approved the Federation of Law
Societies of Canada’s National Entry to Practice Competency Profile
for Lawyers and Québec Notaries.
The competency profile is a key element in the first phase of the
Federation’s National Admission Standards Project, which is focused
on developing and implementing consistent, transparent and high
national regulatory standards.
The evolution of legal services demands an increasingly mobile
legal profession and Canada’s law societies have responded with
comprehensive national mobility agreements.
Now, membership in one law society effectively
grants lawyers membership in virtually every other
Canadian law society, underlining the need for
national standards.
Practitioners and law society representatives from across Canada, including Diana Miles,
Executive Director, Organizational Strategy and
Effectiveness at the Law Society of Upper Canada,
worked with a consultant specializing in credentialing to develop the profile. To test and confirm
its validity, the Federation undertook a large-scale
survey of the legal profession.
“This important step of approving the National
Competency Profile is the result of two years of
focused, detailed work” says John J.L. Hunter, Q.C.,
past president of the Federation.
The profile is now with the law societies for approval and
10 of the 14 jurisdictions have approved it, with the understanding
that phase two of the project, implementation, will be based on
a nationally accepted plan.
According to Hunter, “We plan for phase two to conclude with
a detailed roadmap of the process for implementation, a plan to
manage the transition to national standards, and identification of
the resources that will be necessary to manage the implementation process”.
The competency profile is
a key element in the first
phase of the Federation’s
National Admission Standards
Project, which is focused on
developing and implementing
consistent, transparent
and high national regulatory
standards.
news
TAG: Treasurer’s Advisory Group on Access to
Justice begins with success
the Law Foundation of Ontario. A key finding of the OCLN
Project was the need for better, and more strategic, cooperation
between organizations working on improving access to justice.
“The best way to set a new direction for the Law Society in
access to justice is to hear from and talk to as many people as
possible,” says Treasurer Conway. “TAG will help me do that.”
A key finding of the Ontario Civil Legal Needs
Project was the need for better, and more
strategic, cooperation between organizations
working on improving access to justice.
istockphoto.com
Answering the call for
reliable legal information
In addition to calling for creative collaboration,
the first meeting of tag — the treasurer’s advisory group
on Access to Justice — took place this February, and was by
all accounts, a success.
“The enthusiastic response from the initial group of participants was extremely encouraging,” says Treasurer Conway. “I am
looking forward to meeting again with those organizations and
also with many others from the legal and broader community.”
Representatives from organizations with access to justice
mandates met with the Treasurer to discuss current projects
and how they might better work together in the future. More
meetings are planned with law associations, academia, government and community service providers.
Treasurer Conway established TAG as a means to help
define an enhanced role for the Law Society in facilitating
access to justice, a goal the Treasurer has set for his term and
one that has personal roots.
“To a certain extent, my experience as a lawyer in private
practice in all sizes of firms, has led me to focus on access
to justice. I am disturbed by what I perceive as a growing
distance between the public and the justice system,” says
Treasurer Conway. “We need to reverse this trend and make
justice accessible to all Ontarians.”
The genesis of TAG can be traced, at least partially, to the
Ontario Civil Legal Needs (OCLN) Project, a large-scale public
research initiative that the Law Society undertook with Legal
Aid Ontario and Pro Bono Law Ontario, with support from
the Ontario Civil Legal Needs Project identified the pressing
need to provide the public with reliable legal information. This
laid the groundwork for the Law Society’s most recent access to
justice initiatives.
The Law Society's Your Law video series, accessible through
YouTube and the Law Society website, explores common legal
issues faced by the public and the benefits of hiring a lawyer or
licensed paralegal to help in these situations. The first five videos
in the series look at working with a lawyer when buying or selling a
house, writing a will and creating a power of attorney, dealing with
personal injury, custody and child support, as well as alimony and
jointly owned property. A sixth video demonstrates how a paralegal
can help people in Small Claims Court or with a traffic offence. The
latest video in the series discusses how the public can benefit from
hiring lawyers certified by the Law Society for their specialization in
an area of practice.
In 2012, the Law Society launched the Your Law: Family Law
in Ontario website, which acts as a “first stop” for people in need
of preliminary information and guidance on family law matters.
Lawyers can direct their clients to the site to help them find easyto-understand answers to some of their questions.
This year, the Law Society is partnering with the Ontario Justice
Education Network (OJEN) and Community Legal Education Ontario
(CLEO) to develop online resources to support lawyers and paralegals in presenting public legal information programs. The Law
Society will host a live public legal education event for lawyers,
paralegals and members of the public as a demonstration. More
details about the event will be released soon.
your practice
Real Estate Declaration introduced for Lawyer Annual Report
istockphoto.com
to help combat the high costs of real
estate-related complaints, particularly
mortgage fraud, the Law Society’s governing body approved a motion requiring lawyers who practise real estate law
to declare their compliance with the Law
Society’s Rules and By-laws regarding
this area of practice.
As a transitional step, the Real Estate
Acknowledgement will be included in
the 2013 Lawyer Annual Report, to be
filed by March 31, 2014. In 2014 and
subsequent years, lawyers practising
real estate law will be required to
complete an Annual Declaration of
their compliance.
The new requirement focuses on
mortgage fraud issues and does not
involve any rule or by-law changes,
nor does it create any new obligations.
It consolidates and reinforces the real
estate requirements outlined in the
Rules of Professional Conduct and the
Law Society By-laws.
“The Law Society takes mortgage
fraud extremely seriously and we’ve
introduced many initiatives and
resources over the last several years
to prevent and combat it,” says
Treasurer Conway. “Now, we are
further enhancing our efforts. The
new requirement confirms the critical
role that real estate lawyers play in real
estate transactions and reflects the
due diligence required. This will help
to further protect the public and real
estate lawyers.”
Under the provision, lawyers will
acknowledge in 2013 (and declare in
2014 and subsequent years) that they
complied with their professional
obligations to:
ot allow anyone to use their e-reg™
n
diskette/key or personalized e-reg™
pass phrase
n directly supervise non-lawyers assigned
permissible tasks and functions and
not assign to non-lawyers any tasks
requiring a lawyer’s skill or judgment
n not act for both a transferor and transferee in the transfer of title to real
n
property, except in the limited circumstances set out in Rule 2.04 1(3)
n when acting in permissible circumstances for both a borrower and lender
in a mortgage or loan transaction,
disclose in writing to the borrower
and lender, before the advance or
release of mortgage or loan funds, all
material information that is relevant to
the transaction
n not act or do anything or omit to do
anything to assist a client or anyone
else to facilitate dishonesty, fraud,
crime or illegal conduct and acknowledge the existence of various Law
Society and LAWPRO resources
relating to real estate fraud
n comply with their obligations under
the Electronic Land Registration
Agreement to obtain evidence of
proper authorization from the owner of
the land or holder of an interest in the
land that has directed the registration,
prior to the submission of the document for registration in the Electronic
Land Registration System.
Lawyers who have questions about
the requirement can contact the Law
Society’s Client Service Centre at
416-947-3315 / 1-800-668-7380,
ext. 3315. General information is also
available on the Law Society website.
Important reminder
Late fee policy in effect, annual report must be received by July 2, 2013
In addition, the default period during which lawyers and paralegals
may pay their annual fee or file their annual report without penalty
The annual report was due March 31, 2013. Any reports not received has been reduced to 90 days from 120 days for 2013 fees and filings.
In 2014, the default period will be further reduced to 60 days.
by July 2, 2013 will be subject to a $100 late fee charge.
The Law Society has reduced the default period and implemented
a late fee policy for annual fee payments and annual report filings.
Lawyers and paralegals who fail to file their annual report on time, The Law Society adopted the new policies to save administrative
costs by reducing the number of late payments and filings.
or who fail to pay their annual fee on time, will be subject to the
late fee as well as potential administrative suspension.
More information is available at: www.lsuc.on.ca/fee_and_filing_policies/
your practice
Family law website delivers helpful guidance
in plain language
six months after its launch, the law society’s your law:
Family Law in Ontario website is proving to be a valuable
access to justice tool for the audience it was designed for
— parents involved in a family breakdown.
The site was designed to provide information to the
public, with an emphasis on addressing the needs of selfrepresented and unrepresented litigants facing a family law
dispute in Ontario.
“With yourontariolaw.com, we set out to provide guidance in plain language, pulling together information that
already exists online, to create a ‘first stop’ for visitors in
need of preliminary information and guidance on the emotional, financial, legal and social considerations involved in
family breakdown,” says Diana Miles, Executive Director of
Organizational Strategy and Effectiveness.
An evaluation based on an online survey, usage statistics,
feedback from practitioners and other organizations, and
other feedback, shows that the site has been a success.
The yourontariolaw.com site has received an average of
1,611 visits per month. Each month, 82 per cent of the visitors
are new to the site and 91 per cent are based in Ontario.
Over 81 per cent of respondents to an online survey found
some or all of the information that they were looking for. The
survey results also indicated that 62 per cent of visitors would
recommend the site to a friend.
An open-ended question, asking survey respondents the
purpose of their visit, elicited a variety of responses, providing
some insight about how the site is used.
These ranged from someone wanting information on filing
forms at the beginning of the separation and divorce process,
and a person looking for legal help who can't afford a lawyer,
to professionals, such as social workers and family law lawyers, looking for information and resources to help clients.
Testimonials from family lawyers laud the site for its user
friendliness, the quality of information presented and for
effectively providing guidance to people trying to navigate the
family law justice system.
spending some time on the website, I must confess
“After
that I’m impressed by its intuitive user interface. Rather
than forcing the reader to scroll through a long page, the
site arranges its contents by topic. For each topic, there
is a series of commonly encountered issues from which
to select.
”
Pei-Shing B. Wang, PSW Law
“The
site contains information and answers that were not
easily accessible beforehand. The online guides are written
in simple English so they can be understood by everyone.
It gives a better understanding of the justice system so
one can answer their own questions. “The
purpose of Your Law was to make it an all-inclusive
site where one would not have the need to look elsewhere in regards to family law. It seems the creators of
this site were quite successful as they have produced an
excellent site.
”
Barry Nussbaum Family Law Group
“We are pleased that early indicators show the site is being
used for its intended purpose by its intended audience,” says
Miles. “The site was designed to provide guidance to people
facing a family matter and as a tool for lawyers in educating
their clients, to help the family law justice system to function
more effectively.
“We have integrated a special section on dealing with violence
in the home within the site, specifically to promote access to
the legal and community supports and services that are available to people facing these circumstances.”
CPD make a plan
Gain maximum benefit from your
2013 CPD by following these
steps to make a plan:
1
5
4
1
Set
goals
2
Consider
benefits
3
Review your 2012 CPD activities.
• What benefited you the most and why?
• What would you like to build on?
2
Write down your goals and plans for the future, both short- and long-term.
• Are there areas of law you want to expand into?
• What major changes to the law, procedure or industry are on the horizon?
• Are you looking for new skills or knowledge in your current practice area?
3
Consider how CPD programs and activities could benefit you.
• Are you looking for networking opportunities?
• Do you want to share your expertise through teaching, writing or mentoring?
• Are any of the activities you are already doing eligible for CPD Hours?
4
Establish a budget.
• Take advantage of the many cost-effective and convenient ways to earn CPD Hours.
• Do you and your colleagues want to set up a study group to discuss a new case or common challenges?
• Why not write an article on the latest developments in your area of practice?
• The Law Society offers a number of free professionalism programs to lawyers and paralegals. In addition,
a number of other providers offer free or low cost programming for CPD Hours.
5
Mobilize. Set your plan, implement it and enjoy the benefits.
• Which programs address your areas of growth or provide networking opportunities?
• Which CPD activities will help achieve your goals?
• Do any of your activities address professional responsibility, ethics and/or practice management
topics? If so, they may qualify for accreditation for Professionalism Hours.
More information is available at www.lsuc.on.ca — click CPD Requirement on the home page.
EXIGENCE DE
REQUIREMENT
your practice
New video highlights value of Certified Specialist Program
experienced leader in a particular field of law who has met
high standards of competence and professionalism.”
The Certified Specialist video is one of the seven-part Your
Law series of videos designed to help the public learn more
about how to access and navigate the legal system. The six
other videos in the series consider issues related to wills and
estates, real estate, personal injury, paralegals, and family law.
The complete series is also available on the Law Society’s
YouTube channel at www.youtube.com/lawsocietylsuc.
About the Certified Specialist Program
lawyer may cheng, cs, has some advice on how to gain an
edge in today’s competitive legal environment.
In a new online video, Cheng describes how becoming a
Certified Specialist can improve one’s career.
“If you’re looking to establish your credibility within your
firm, or if you’re looking to enhance your profile externally, the
Certified Specialist Program is a great way to achieve that goal,”
says Cheng, who specializes in Intellectual Property Law.
Launched in January, the video features four Certified
Specialists discussing how the public can benefit from
hiring lawyers recognized by the Law Society for their
specialization in an area of practice. The new video is available at: www.lsuc.on.ca/yourlaw/.
“Achieving certification is the formal, public recognition
of ongoing distinction and achievement in a chosen field of
law,” Law Society bencher and chair of the Society’s Certified
Specialist Board, Janet Leiper says.
“When a member of the public hires a Certified Specialist
for their legal matter, they are hiring a recognized and
The Certified Specialist Program recognizes lawyers who
have met established standards of experience and knowledge
requirements in designated areas of law and maintained
exemplary standards of professional practice.
To be eligible for certification, lawyers must have at least seven
years of experience — five of which are in their specialty area.
Information about the Certified Specialist Program, including eligibility criteria, application materials and fees, is available on the Law Society website at: www.lsuc.on.ca/For-Lawyers/
About-Your-Licence/About-the-Certified-Specialist-Program/.
Certification Perks
n
n
Y
our name will be included in the Law Society’s online
Certified Specialist Directory at www1.lsuc.on.ca/specialist/
jsp/directory1.jsp, so that clients and referring
lawyers can find you quickly and easily.
Y
ou will be able to use the designation ‘CS’
following your name for the area of law in
which you specialize.
Peer volunteers needed
If you’re an empathetic and caring lawyer or paralegal who
has struggled in the past with addiction, mental health,
or other serious issues, consider helping colleagues facing
similar struggles by volunteering for the Member Assistance
Program’s confidential Peer Support Program.
The Peer Support Program, an integral part of the Member
Assistance Program offered by Homewood Human SolutionsTM,
offers peer-to-peer support to lawyers and paralegals who
are dealing with addiction, work-life balance challenges or
mental health issues.
Homewood will provide all volunteers with ongoing training
on effective ways to support others in the profession.
Administration of the program will be provided by
Aon Hewitt Inc. to ensure the full confidentiality of all
client information.
More information about
this volunteer opportunity
is available by email or by
phone: 1-855-403-8922.
your practice
Don’t miss this year’s Solo and Small Firm Conference & Expo
The Law Society’s annual Solo and Small Firm
Conference & Expo, May 23 and 24, 2013, is a
must-attend event, with each year’s conference
offering more of the latest in essential tools
and information to support the unique needs
of sole practitioners and lawyers in small firms.
New for 2013
The popular Vendor Expo, which showcases a wide range of
products and support services, will be bigger than ever this
year and will take place over both days of the conference.
“Demo Day” in the Exhibit Hall will see a variety of exhibitors take centre stage and tell delegates what they do best and
how their products and services can assist lawyers.
Also new this year, delegates are invited to share their
accomplishments and challenges with colleagues and speakers at an evening dinner event at the end of Day One.
“An important part of the event is the opportunity for
lawyers to meet other practitioners and to network with colleagues. This dinner will provide an excellent venue for these
activities,” says conference planner, Shari Slonim, Counsel,
Continuing Professional Development, at the Law Society.
Hot Topics
The many breakout sessions will offer practitioners a chance
to learn about innovative technologies and practice management tools that can increase productivity and enhance client
service. “We are very pleased with the range of speakers and
topics that we are able to offer this year,” says Slonim.
Here is a sample of the sessions being offered:
n The Five-Minute Entrepreneur: Lessons from Lawyers
on the Leading Edge
n Get Your Head and Practice in the Cloud
n Everything You Wanted to Know About Mac
but Were Afraid to Ask
n 50 Apps in 50 Minutes
n Social Media: Are You There Yet?
n 60 Tips You Can’t Live Without
n “You Need to Know” sessions in Real Estate, Business,
Wills and Estates, Family and Civil
The conference will once again kick off with the annual
Treasurer’s Dinner on May 22. Delegates will have an
opportunity to meet the Treasurer and network with other
conference attendees. Other popular features returning this
year are the cocktail reception following Day One, and the
“Stump the Experts” breakfast session on Day Two.
The Solo and Small Firm Conference takes place at the
Toronto Metro Convention Centre on May 23 and 24, 2013.
Registration is now open through the Law Society’s website at
http://ecom.lsuc.on.ca/solo&small. The
event is also offered as a live webcast
for those who are unable to attend
in Toronto. Early registration for the
Toronto event is
advised as it often
sells out.
Web: http://ecom.lsuc.on.ca/solo&small
Twitter: #solosmall
Facebook: facebook.com/solosmall2013
your practice
Law Society Referral Service provides thousands of referrals
to those seeking assistance
hundreds of people call the law society referral service (lsrs)
every day, seeking referrals to lawyers or paralegals because they
need assistance with a legal issue.
LSRS subscribers agree to provide up to 30 minutes of free
consultation to callers to explore their legal options.
This valuable service has been helping Ontarians for more than
40 years and there are currently more than 1,100 lawyers and more
than 145 paralegals registered with the LSRS.
Most lawyers who subscribe to the LSRS practise family law
(34 per cent), followed by civil litigation (23 per cent) criminal law
(22 per cent), business law (12 per cent), labour and employment
law (six per cent), and administrative law (three per cent).
In 2012, the LSRS provided 71,162 lawyer referrals and 91,757
names of lawyers to members of the public.
LSRS subscribers value the service as an important business
development tool and a way to enhance access to justice for the public.
The annual LSRS fee is $282.50 (including tax). More information about joining the LSRS or renewing a subscription is available
on the Law Society website: www.lsuc.on.ca.
Real Estate Law 4% Administrative Law 6% Criminal Law Civil Litigation 36% 9% Labour &
Employment Law 16% Family/Estate Law 29% Most Common Areas of Law for Referrals
to Lawyers
Net benefits: Online Gazette
Paralegal Update: Emerging
issues for the Law Society’s
newest members
Treasurer’s Blog: Field notes
from Thomas Conway and the
Law Society’s leadership
Parlez-vous français ?
Latest News: Stay informed
about CPD resources,
rule changes and Law Society
goings-on
Visit lawsocietygazette.ca
your practice
paralegal update
Retention Programs to include paralegals
Three Law Society initiatives designed to help women
in private practice were recently expanded to include
paralegals:
• the Career Coaching Program
• the Contract Lawyers’ and Paralegals’ Registry
• the Women’s Online Resource Centre.
istockphoto.com
These resources provide practical tools to enhance the
retention of women in private practice and help them
make seamless transitions throughout their careers.
Paralegals designated as commissioners
for taking affidavits
Effective July 1, 2013, a new regulation under the Commissioners for taking Affidavits Act will designate licensed paralegals as
commissioners for taking affidavits by virtue of their office.
All licensed paralegals will be able to take affidavits without having to apply to the Ministry of the Attorney General
for a commissioner appointment or pay an appointment fee.
In addition, their commission will not expire unless their
licence is revoked, surrendered or suspended.
More information on the regulation is available via
the Ministry of the Attorney General website:
www.attorneygeneral.jus.gov.on.ca.
recommends that “exemptions to Law Society regulation for
those providing legal services be minimized.”
The new working group began consultations with interested parties in January 2013.
Law Society Referral Service
Since the expansion of the Law Society Referral Service in
May 2012 to include paralegals, more than 145 paralegals
have signed up. The majority (49 per cent) deal with board
and tribunal representation matters, followed by criminal
and quasi-criminal law (45 per cent), and Small Claims Court
representation (six per cent).
The majority of referrals to paralegals relate to Small Claims
Court matters, as outlined in the accompanying chart.
More accredited programs now offered
Accredited paralegal education programs are now being
offered at 38 college campuses across Ontario. The Academy
of Learning in Brampton, Fanshawe College in London and
Connestoga College in Kitchener began offering programs
in the fall of 2012.
Review of Exemptions
A new working group established by the Paralegal Standing
Committee is reviewing the paralegal licensing exemptions
in Law Society By-law 4 to determine if any should be further
refined or reconsidered.
A number of amendments were made previously as recommended by a former working group. As well, a further
enhanced licensing opportunity was offered to members of
several exempt groups. Interested applicants had a year to
apply for the integration process — from October 1, 2010 to
September 30, 2011. As a result, many exempted persons are
now licensed or in the process of becoming licensed.
Additionally, the five-year review report by David Morris,
presented to the Attorney General in November 2012
Summary Conviction – Theft under $5,000
2% 5%
Other: OLRB – Labour Relations Act,
WSIB, POA – Other, POA – Municipal By-Laws
OLRB – Employment
standards act POA – Highway 3% traffic Offences
9% Landlord & Tenant
Board (landlord)
Small Claims Court 56% 10% Landlord & Tenant
Board (Tenant)
15% Most Common Areas of Law for Referrals to paralegals
perspectives
Annual tournament helps Lawyers Feed the Hungry
provide healthy meals
in the close -knit community of ontario’s criminal law
bar, David H. Newman, Q.C., known to his friends and loved
ones as “Bugsy”, and Ken Danson were favourites.
An annual golf tournament held in their honour will take
place this year on June 19, 2013, at the DiamondBack Golf
Club in Richmond Hill.
The Bugsy and Ken Golf Tournament raises funds for charities that were close to each man’s heart: Lawyers Feed the
Hungry and Camp Oochigeas. The latter offers year-round
programs for children affected by cancer.
The former provides hot, healthy meals to the homeless
and was chosen because it was a cause to which Bugsy was
dedicated, says his son, criminal lawyer Adam Newman.
“In light of my father’s passion for his job and his compassion for the homeless and underprivileged, it just seemed like
the right fit,” he says.
Adam is grateful that nine years after the first fundraising
tournament was held, his father’s affable spirit is still a part of
the day.
“Everyone has a story. My dad lit up a room. You’d be hard
pressed to find someone who didn’t like him. Even when he
wasn’t in court, he held court.”
Bugsy and Ken were connected before their deaths. They
worked alongside each other in court, and, following Bugsy’s
untimely death, Ken, an avid golfer, played in the original
Bugsy Golf Tournament.
The event was expanded to include a tribute to Ken following his death from cancer in 2007.
Adam, and Ken’s son, Jeremy Lum-Danson, both help
organize the annual tournament and steer fundraising efforts.
Now a judicial law clerk with the Superior Court of Justice,
Jeremy remembers his father’s passion and commitment to others.
“He wasn’t a larger-than-life type person, but he always
took the time to consider the interests and needs of others,
particularly those who were disenfranchised by the system,”
says Jeremy.
As Ken’s health declined, he received support and encouragement from many people, including those against whom he
had argued in court. The popular golf tournament continues
to celebrate Ken as a lawyer who embraced the highest ideals
of the legal profession.
“He was respected and genuinely liked by everyone. He
was a man of passion; he was passionate about life and undertook everything with great devotion,” says Jeremy.
To find out more about the 9th annual Bugsy and Ken
Charity Golf Tournament, visit the Lawyers Feed the Hungry
website at www.lawyersfeedthehungry.ca.
Other news
New website coming soon...
This spring the Law Society Foundation will launch a
revamped website — www.lawyersfeedthehungry.ca
to make information about the Lawyers Feed the
Hungry Program more accessible and encourage
donor support.
perspectives
Public Legal Education
The Promise of Technology, the Merit of Simplicity
Remember when the fax machine was
breakthrough workplace technology in the
1980s? Back then, secretaries answered telephones and used Dictaphones and electric
typewriters. We’ve come a long way since then
— but is it right to assume that technology is
the best solution for everything?
In 2011, the Law Foundation of Ontario
funded a national conference, “Just a Click
Away”, which showcased a dizzying array of
electronic tools for public legal education (PLE)
services, growing expertise in using them, and
endless third-sector creativity in maximizing
cheap technology to serve the equally endless
stream of vulnerable people needing assistance.
Webinars, chat lines, document assembly
software, Skype, YouTube, blogs, wikis … this
is but a fraction of the range of e-tools that
non-profits have rapidly embraced to serve
more clients and serve them more effectively.
Besides these generalist tools, PLE organizations
have created specialized electronic resources
to assure quality, accuracy and user-friendliness
of legal information. These resources include
www.justaclickaway.ca, and www.plelearning
exchange.ca, which in turn support the
development of hundreds of far more specialized online legal resources on individual legal
topics designed for specific targeted audiences
(e.g., www.yourlegalrights.ca).
In 2012, PLE organizations regrouped to
exchange promising practices and discuss questions of impact. What is PLE’s impact on access
to justice needs? What works best? How can
effective strategies be leveraged?
One particular message from the conference should not be overlooked, which is that
technology, for all its power, is not the panacea
for access to justice needs — at least, not yet,
and maybe not for a while.
Community Legal Education Ontario (CLEO),
with support from the Law Foundation, is surveying Ontario community workers to find out
what formats and delivery channels are most
effective for their clients. Several preliminary
findings serve as important reminders that we
should not let ourselves be dazzled by shiny
technology when it comes to using PLE to help
marginalized groups.
Even though the usage rate of electronic
resources is skyrocketing, print materials remain
the most user-friendly format for many disadvantaged groups. Short, easy-to-digest documents like brochures and posters are preferred.
The best electronic resources are plain and
text-based rather than sophisticated like videos
and webinars — i.e., the electronic equivalent
of short brochures.
The reasons for this preference are not fully
understood yet, but Julie Mathews, CLEO’s
Executive Director, offers some expert commentary. “Disadvantage rarely occurs in isolation. Many marginalized people have compound
problems that can include literacy limitations —
whether language, reading, or computer — the
inability to afford a computer or Internet access,
as well as a physical limitation that prevents
them from using technology.” And if a client is
in a state of crisis, his/her ability to absorb new
information is further hindered, she adds.
Another significant limitation on the use
of technology is bandwidth availability in rural
and remote locations. Creative tools like videos
and podcasts are accessible to urban centres
but not to those in isolated locations.
Despite the proliferation of PLE activities
and technology, we are just starting to understand what works in what circumstances for
which audiences. Evaluation tools and methods
are still evolving for this difficult-to-define
subject area. More research is needed to guide
both community agencies and funders.
From the Law Foundation’s perspective, there
are several important messages to be learned
today about PLE and technology in the future:
• Technology is a powerful tool for increasing the
efficiency and effectiveness of PLE activities —
experimentation and testing needs to continue.
• However, the choice of PLE tool must start
with a thorough understanding of the target
audience’s characteristics and needs, not with
the technology.
• The rapid growth of PLE gives rise to the new
need to make these resources easy to find and
to avoid duplication of effort. This may mean
developing a new array of tools specifically
designed to search the Internet effectively, or
to teach people how to find what they need.
• The old ways cannot be abandoned just yet.
Our response to access-to-justice needs must
remain multi-pronged.
The Law Foundation of Ontario receives the interest earned on lawyers’ and paralegals’ mixed trust
accounts. It funds Legal Aid Ontario, access-to-justice
grants, and supports public interest law and professional excellence. It updates the profession on its
activities in each issue of the Gazette.
perspectives
Why I went to law school
Informing public perceptions
as a service - based profession , one of the ontario bar
Association’s (OBA) responsibilities is to keep abreast of the
changing needs of our clients and the public. We are problem-solvers and helpers who know the law and the issues-athand. And our clients and the public look to us for insight,
knowledge and support during what can at times be challenging circumstances. We are often their interpreters, allies and
guides as they manoeuvre through our justice system.
Small and large firms alike are looking for new ways to
connect in an unstable time. Some of us are still grappling
with the value of social media; others are being overwhelmed
by current changes to legal services, such as offshore legal
outsourcing, cloud computing and alternative business structures. We have studied these changes as part of the OBA’s role
to improve access to justice and the future of our profession.
In our “real-time” society, where looking to the future
seems to be one of the keys to success, the value of looking at
OBA’s diverse membership is being encouraged
to tell their individual stories of why they
went to law school on the micro-website
whyiwenttolawschool.ca
the past and the present can be underestimated — particularly
as we move towards a more electronic and often impersonal
communications model.
In consultation with its membership and stakeholders, the
OBA learned that there is a disconnect in the perception of
lawyers. This is a concern given the immediacy of communications today and the necessity to build and maintain relationships and the respect of our audience.
An accessible approach is needed for practitioners to connect with their clients and be seen as colleagues, professionals and neighbours. By looking closer to home and informing
perceptions, we can create awareness and build bonds and
respect. The OBA’s new communications campaign offers us
this opportunity.
Sharing our stories, informing the public
Unified by one common experience (going to law school),
the OBA’s diverse membership is being encouraged to tell
their individual stories of why they went to law school on the
micro-website whyiwenttolawschool.ca.
By visiting the free site, we will start the conversation by
sharing our personal stories amongst ourselves. The website
produces a stylized poster with the lawyer’s story and illustrated portrait that can be used in interactions with colleagues
and the public (e.g., advertisements, social media profile
photos). The stories will then go beyond the profession and
eventually be shared with the public.
By sharing individual stories, the public will gain a better understanding of the people who make up our unique and
diverse profession and what we do for our communities. Thus,
we hope to create a foundation on which we can develop and
explore new technologies and look to the future. Informing the
public — one story and one person at a time — will benefit the
public’s perception, relationships and interactions with lawyers.
It is important for us to be active contributors in informing
and engaging with the public in positive ways. We need
to focus on being known as professionals, colleagues and
neighbours.
tour d’horizon
Tendances dans la pratique du droit
Me Marc-André Blanchard est président du
conseil et chef de la direction de McCarthy
Tétrault. La Gazette a recueilli ses propos
sur les tendances de la profession juridique.
Intégration : la distance
n’a plus d’importance
Pour Me Blanchard, la pratique du droit
est en période de profonde mutation.
Les besoins des clients sont de plus en
plus complexes. Pour assurer son succès,
l’avocat d’aujourd’hui doit bien connaître
les secteurs d’activités de ses clients.
Les clients de McCarthy Tétrault ont de
nombreux avocats qui travaillent au sein
de leurs propres contentieux. Quand
un client fait appel à un conseiller juridique, c’est parce
qu’il a besoin d’une expertise qu’il n’a pas à l’interne. Pour
répondre à des demandes du genre, le cabinet McCarthy
Tétrault a intégré la connaissance du droit et celle des
différents secteurs d’activités, et a développé huit groupes
d’industrie distincts. Leurs clients souhaitent obtenir la
meilleure expertise sans égard au lieu de résidence des
avocats. McCarthy Tétrault a la réputation d’être le cabinet
d’avocats le plus intégré au pays, un fait dont ses avocats
sont très fiers. Et c’est grâce à cette intégration que les
clients bénéficient de l’ensemble des ressources du cabinet.
Me Blanchard explique qu’un cabinet intégré comme le
sien offre non seulement des compétences juridiques de haut
niveau, mais aussi des services partout au pays, peu importe
où se trouve l’expertise. Ainsi, l’avocat de Toronto qui possède
l’expertise dans le domaine pharmaceutique peut représenter
un client à Vancouver, en personne, au téléphone, par
téléconférence...
Mondialisation
De nombreux clients font des affaires à l’étranger. Les
avocats doivent pouvoir les accompagner dans leur
cheminement. McCarthy Tétrault a établi à cet effet des
relations privilégiées avec des cabinets bien implantés
partout dans le monde. Par ailleurs, le cabinet a des
initiatives de développement des affaires aux États-Unis,
en Chine et en Afrique.
La gestion de projets
Lorsqu’il a commencé à travailler au sein
d’un bureau d’avocats en 1986 comme
étudiant, Me Blanchard fonctionnait avec
les moyens technologiques de l’époque :
le télécopieur faisait son apparition et le
traitement de texte se développait, mais
on en était encore aux dactylos !
Les changements technologiques ont
bouleversé les façons de faire de la
profession… et ils ont complètement
changé les attentes des clients. Les avocats
doivent désormais démontrer à leurs
clients qu’ils sont efficaces. Par exemple, la
gestion de projet juridique a entrainé une
certaine transformation dans la prestation
de services juridiques. Une gestion efficace repose sur une
communication continue et un travail d’équipe exemplaire.
Il est ainsi essentiel de développer des outils de gestion
performants, de se doter d’un personnel de haut calibre et
d’utiliser des processus internes solides permettant d’assurer
un suivi à chaque étape du projet.
Diversité
Pour Me Blanchard, la diversité est l’un des éléments clés qui
font la force d'un cabinet et qui lui permettent d’offrir des
résultats supérieurs à ses clients. La diversité fait place à des
gens de cultures, d’opinions et d’intérêts différents, tous des
facteurs dont les clients bénéficient. Plus un cabinet s’ouvre
à la diversité, plus il se rapproche des gens qu’il côtoie, qu’ils
soient clients ou membres de la communauté dans laquelle le
cabinet exerce ses activités.
Les générations de l’avenir
Pour rester dans le coup, les avocats se doivent d’être curieux et
ouverts au changement. Ils devront accepter de se réinventer
afin de s’adapter aux besoins en constante évolution de leurs
clients. Me Blanchard a relevé ce défi avec passion. La carrière
d’avocat est pour lui une des plus stimulantes qui permet d’être
au cœur des enjeux les plus fascinants dans des domaines
diversifiés, de participer à des projets de société, d’établir des
approches stratégiques et d’avoir la satisfaction que la confiance
qu’on vous accorde est bien méritée.
barreau du haut-canada 23
tour d’horizon
Les tendances de la profession juridique en français
Me Lee Akazaki, ancien président de
l’Association du Barreau de l’Ontario
(2010-2011), est associé au cabinet
Gilbertson Davis et Emerson à Toronto.
La Gazette s'est entretenu avec lui de
l’évolution de la profession francophone
en Ontario.
«
le système pour répondre aux clients
francophones, lesquels s'expriment
souvent mieux en français : à la base, pour
bien défendre les intérêts de ses clients,
Langue d’affaires
Pour Me Akazaki, « la langue d’affaires
principale du droit sera toujours l'anglais
en Ontario, même parmi les membres
de la profession qui exercent dans les
régions du Nord ou de l’Est. Cependant,
le français doit avoir sa place dans le
système pour répondre aux clients
francophones, lesquels s'expriment
souvent mieux en français : à la base,
pour bien défendre les intérêts de
ses clients, un avocat compétent doit
pouvoir établir une communication
claire avec ceux-ci. »
À cet effet, Me Akazaki dit qu’il
ne rencontre pas beaucoup d’avocats
francophones qui font du litige en
français à l’extérieur d’Ottawa. Ceci est
dû en partie aux défis que les juristes
francophones doivent relever lorsqu’ils
veulent plaider en français devant les
tribunaux. Selon Me Akazaki, « il est rare
de retrouver dans le même procès deux
avocats, un juge et un greffier qui parlent
tous le français avec la même facilité.
De plus, réclamer un procès en français
est parfois une entrave à l’efficacité
recherchée. Le problème se corse quand
le procès concerne des parties non
représentées, souvent des francophones.
L’anglais devient souvent la langue
par défaut, au détriment de la partie
francophone non représentée. »
L’avenir du français juridique
Le français juridique au Canada existe en
deux volets : celui de la common law et
celui du droit civil. Le français juridique
de l'Ontario est beaucoup influencé par
24 GAZETTE | PRINTEMPS 2013
… le français doit avoir sa place dans
un avocat compétent doit pouvoir établir
une communication claire avec ceux-ci.
l'anglais juridique du fait qu’il trouve
sa source dans des concepts de droit
anglais. C’est pour cette raison que la
common law en français est différente
du français utilisé en droit civil.
Considérant l'avènement de la libre
circulation des avocats, il se présente
un obstacle additionnel lorsqu’il s’agit
de la langue. Les juristes qui pratiquent
en common law française doivent se
familiariser avec les concepts civilistes,
et vice-versa, pour ne pas se laisser
intimider par les différences de langue.
Même si le Code civil du Québec a
subi dans les années 1980 une révision
majeure pour y intégrer des concepts
de common law, il faut tout de même
se rappeler que les concepts et la
terminologie de common law et de droit
civil sont différents. Un rapprochement
du vocabulaire est peut-être à l’horizon
et serait vraisemblablement souhaitable.
Mondialisation
Déjà en 1776, Adam Smith abordait le
phénomène de la mondialisation dans
son ouvrage Recherche sur la nature et
les causes de la richesse des nations. Les
services juridiques étant aussi considérés
comme de la marchandise, le juriste
francophone doit donc consolider
»
ses compétences en anglais pour
survivre dans ce milieu global. De ce
point de vue, on peut aussi craindre
un appauvrissement de la condition
humaine par la perte d’autres langues.
Pour Me Akazaki, « le risque de
faire de l’anglais la langue dominante
est de supprimer les autres langues et
conséquemment, de l’appauvrir. L’anglais
a évolué grâce aux autres langues qui
l’ont formé. »
D’ailleurs, les noms de nombreux
concepts de la common law ont une
origine française : pensons au mot
« mort-gage », un vieux concept en
droit français qui visait un gage dont
les fruits ne venaient pas en déduction
du capital de la créance. Selon
Me Akazaki, « s’il n’y a qu’une seule
langue et si elle ne bénéficie plus de
l’apport des autres, elle deviendra trop
étroite pour suivre l’évolution de la
pratique du droit. »
Peut-être faudrait-il, pour ralentir
la progression de cet appauvrissement,
améliorer la capacité linguistique des
avocats en anglais et en français ou,
comme Me Akazaki le suggère avec un
brin d’humour, il faudrait que les avocats
ralentissent le rythme effréné de leurs
activités pour se laisser rattraper par
les cultures…
tour d’horizon
Le Barreau à la foire
17 janvier 2013, la passerelle
IDÉ, organisme d’intégration et de
développement économique à Toronto,
a tenu sa toute première foire de
carrières en justice. L’événement était
le fruit d’une collaboration avec la
Fédération des associations de juristes
d’expression française, l’Association
des juristes d’expression française de
l’Ontario (AJEFO) et du Réseau de
femmes afro-canadiennes francophones.
Quelque 200 élèves de quatre écoles
de la région torontoise sont venus se
documenter au salon Bluma Apple de
la Bibliothèque de référence en vue
de s’informer sur ce que le monde de
la justice peut leur offrir en termes de
carrière. Les jeunes ont été étonnés de
le jeudi
voir l’étendue des carrières possibles,
que ce soit avocat, auxiliaire de justice,
policier ou traducteur juridique…
La journée a commencé par une
présentation de François Boileau,
commissaire aux services en français.
Il a fait participer les élèves en sondant
leurs connaissances de la réalité
francophone en Ontario : combien y
a-t-il de francophones en Ontario ?
Qu’est-ce qu’un francophone ? Pourquoi
demander ses services en français ?
Quelques élèves choisis dans l’assemblée
ont répondu, avec un peu d’aide, que
l’Ontario compte environ 580 000
francophones selon la nouvelle
définition incluant les allophones
qui utilisent le français à la maison.
Le Barreau du Haut-Canada était l’un des commanditaires
de la foire. Ainsi, ses représentantes ont pu éclairer les
élèves sur les qualités requises pour devenir avocat ou
parajuriste en Ontario, sur les services que le Barreau
offre au public et à ses membres.
D’ailleurs, le commissaire a annoncé
la publication en mars d’un rapport
contenant de nouvelles statistiques. Le
commissaire a également démontré,
à l’aide d’exemples concrets, que les
services en français sont importants :
lors d’interactions avec l’appareil
judiciaire, les francophones, qu’il s’agisse
de personnes âgées, d’immigrants ou
de jeunes, seront plus à l’aise dans leur
langue maternelle.
Toutes les écoles ont été appelées
tour à tour à participer aux procès
simulés, organisés par le Réseau ontarien
d’éducation juridique et l’AJEFO.
Pour s’assurer que les nombreux
élèves tirent profit de leur journée
et parlent à la quinzaine d’exposants
présents, les organisatrices avaient
concocté une « chasse aux autocollants »
à l’issue de laquelle, des iPad, iPod,
tablettes et tutti quanti étaient
distribués aux gagnants. Les exposants
remettaient un collant à chaque élève
qui venait s’informer à leur sujet.
Le Barreau du Haut-Canada était
l’un des commanditaires de la foire.
Ainsi, ses représentantes ont pu éclairer
les élèves sur les qualités requises
pour devenir avocat ou parajuriste en
Ontario, sur les services que le Barreau
offre au public et à ses membres, sur le
programme de mentorat pour l’équité
et la diversité et sur les perspectives
d’emploi au Barreau.
Parmi les autres exposants, on
comptait entre autres la police
provinciale de l’Ontario, le Commissariat
aux langues officielles, Aide juridique
Ontario, le Centre des femmes Oasis,
l’Université York (campus Glendon)
et Reflet Salvéo, un organisme qui sert
de réseau pour tous les organismes
francophones intéressés.
Cette journée a été une excellente
occasion de faire connaître les
services du Barreau et pour le Barreau
de réseauter dans la très diverse
francophonie torontoise.
THE LAW barreau
SOCIETY OF
du UPPER
haut-canada
CANADA 25
27
tour d’horizon
Cliquez justice
cliquezjustice.ca est un portail d’information juridique
destiné aux communautés francophones en situation
minoritaire. C’est également un outil qui facilite le travail des
avocats tant il facilite la relation client-avocat.
CliquezJustice.ca permet aux clients d'acquérir des
connaissances de base et de recueillir les renseignements
nécessaires avant la première rencontre avec l'avocat, ce qui
peut mener à des discussions plus fructueuses et faire avancer le
dossier plus rapidement.
En effet, en se renseignant sur CliquezJustice.ca avant leur
première rencontre avec l'avocat, les clients savent davantage à
quoi s'attendre, sont mieux préparés et ont l'occasion d'évaluer
diverses pistes de solution.
CliquezJustice.ca contient entre autres des explications sur
des questions de droit de la famille, de droit de l’emploi, de droit
des contrats, de l’immigration, sur les droits linguistiques et sur
l’appareil judiciaire. Le site vulgarise des renseignements complexes
et démythifie les processus judiciaires. Il permet également de
sensibiliser les gens et de corriger des erreurs de compréhension.
En droit des testaments et des procurations par exemple, on
explique aux clients ce que sont ces documents, leur importance
et comment se les procurer.
En droit de la famille, on donne notamment les étapes à
planifier en cas de séparation ou de divorce; on survole les
responsabilités parentales; on parle d’adoption par les personnes
tant mariées que veuves ou homosexuelles.
Le site offre par ailleurs un tableau de comparaison civil et
criminel. Dans un très bon français, on y parcourt le concept de
poursuites civiles et criminelles par définition : fardeau de la preuve,
peine, personnes en cause, but, rôle de l’État et rôle de la victime.
Le site s’adresse à des publics de tous les âges : de façon
humoristique par exemple, on y départage pour les jeunes les
mythes de la réalité de l’appareil judiciaire. À l’aide de bandes
dessinées, on illustre avec humour le concept du droit de
l’accusé à une défense pleine et entière, on explique le rôle des
objections des avocats et on décrit le décorum à suivre à la cour.
De plus, grâce à un organigramme, on peut voir d’un coup d’œil
les divisions de l’appareil judiciaire et en savoir davantage sur
chaque type de tribunal.
Considérant la rareté des avocats spécialistes francophones,
CliquezJustice.ca fournit aussi des renseignements sur les
carrières en justice en français afin de sensibiliser les jeunes et les
moins jeunes aux diverses carrières en justice qui s'offrent à eux.
La page « Choix de carrières » du site décrit les différentes
carrières possibles en justice à l’aide d’entrevues vidéo avec des
avocates, une agente de probation, une adjointe juridique, un
26 GAZETTE | PRINTEMPS 2013
greffier, une policière et
un interprète judiciaire
qui parlent de la réalité
de leur travail et d’une
journée typique dans leur
vie professionnelle. Ces vidéos dynamiques représentent bien
la communauté francophone juridique de l’Ontario. D’autres
carrières juridiques font aussi l’objet de descriptions textuelles.
CliquezJustice.ca est un portail d’information juridique
simplifiée et accessible en français qui s’adresse à tous les
francophones du Canada hors Québec. Il s’adresse tant au grand
public, qu’aux jeunes, aux adolescents et aux enseignants.
CliquezJustice.ca est une initiative de l’Association des
juristes francophones de l’Ontario, qui fait la promotion de l’accès
à la justice en français.
Jurisource
L’AJEFO est sur une lancée d’initiatives. Sa toute dernière
a été le lancement, le 6 mars, de Jurisource.ca, un portail de ressources
juridiques et jurilinguistiques destiné aux professionnels œuvrant au sein
des communautés de langue officielle en situation minoritaire au Canada.
C’est une bibliothèque virtuelle, composée d’un puissant moteur de
recherche, qui recense plus de 1 200 ressources telles que des lois, des
arrêts, des études, des recherches, des modèles d’actes, des lexiques, etc.
Elle s’adresse aux intervenants du milieu de la justice du Canada comme
les juristes, les langagiers,
les officiers de la cour, le
personnel de soutien et
les étudiants en droit.
Ne manquez pas de visiter Jurisource.ca !
Clicdroits.ca
Le programme d’appui aux droits linguistiques (PADL)
vient de lancer un portail d’information sur les droits linguistiques.
Le Carrefour d’information offre une gamme de renseignements
réunis en un seul point d’accès. Il constitue une ressource centrale
de renseignements unique en son genre sur les droits linguistiques
constitutionnels canadiens. Le portail est divisé en trois catégories : le droit à l’éducation, le droit aux services et aux communications et
les droits dans les domaines législatifs et judiciaires.
Un autre moyen pour les justiciables canadiens d’être au courant
de leurs droits.
in recognition
This section is devoted to recognizing the achievements of members of the judiciary, current and former members of Convocation,
as well as individuals who have made significant contributions to the Law Society and its efforts to advance the cause of justice
and promote greater access to legal services.
Order of Canada for Ian Binnie
Photo: Sgt Ronald Duchesne, Rideau Hall © Office of the Secretary to the Governor General (2012)
the hon. ian corneil binnie, c.c., q.c., was made a companion
of the Order of Canada at an investiture ceremony in Ottawa
in November (2012). He was appointed for his contributions to
the legal profession, notably as a justice of the Supreme Court of
Canada, and for his commitment to legal education and the rule
of law. At the formal dinner that followed, he was also awarded
The Queen Elizabeth II Diamond Jubilee Medal, which honours
significant contributions and achievements by Canadians.
Mr. Binnie served nearly 14 years as a Supreme Court justice,
retiring in 2011. During his time on the top court, he authored
more than 170 opinions, including on landmark cases involving
issues of patent interpretation and validity, protection of trademarks, media law and commercial disputes.
In 1998, Mr. Binnie was appointed directly to the Supreme
Court of Canada while he was a senior litigation partner at
McCarthy Tétrault. He had served as Associate Deputy Minister of
Justice for Canada in 1982.
In 2012, Mr. Binnie joined the Toronto litigation boutique
Lenczner Slaght Royce Smith Griffin LLP. In the role of counsel,
he shares strategic and practical advice and his dispute resolution
The Hon. Ian C. Binnie, C.C., Q.C., (left) with His Excellency The Right Hon. David Johnston, C.C., C.M.M.,
C.O.M., C.D., Governor General of Canada.
expertise to colleagues and firm clients. He is also a resident arbitrator at Arbitration Place in Toronto.
The Order of Canada is one of the highest civilian honours. It
was established in 1967, during Canada’s centennial year, to recognize a lifetime of outstanding achievement, dedication to community and service to the nation.
Order of Ontario and Queen’s Diamond Jubilee Medal for John Honsberger
Photo courtesy of the Ontario Ministry of Citizenship and Immigration
john d. honsberger, o.ont., q.c., lsm,
was
Hall Law School after serving with the
invested with the Order of Ontario and presented
Canadian army in Europe during the
Second World War. He entered the army
The Queen Elizabeth II Diamond Jubilee Medal
in February. Mr. Honsberger was awarded the
with the rank of gunner and retired with
Order of Ontario for his seminal contributions
the rank of captain at the age of 23.
In 1999, Convocation attached his name
to legal education, history and community
to the Law Society Archives’ Reading Room
service, and the Diamond Jubilee Medal on
the recommendation of The Honourable David
in honour of his contribution to preservC. Onley, Lieutenant Governor of Ontario.
ing Ontario’s legal history. The John D.
A widely respected lawyer specializHonsberger Reading Room is used by legal
ing in bankruptcy and insolvency law, Mr.
researchers, writers and historians throughHonsberger has been a practising lawyer
out the year.
for 63 years. He has written about law and
Mr. Honsberger’s writing on insolvency
history for more than 35 years and has pubmatters was recently recognized by the
John D. Honsberger, O.Ont., Q.C., LSM (right)
lished hundreds of journal articles. He was
International Insolvency Institute. In 2012,
the institute began collecting his writing, correspondence and other
the founding and only editor of the Law Society Gazette for
28 years (1967–95) and is the author of the book Osgoode Hall:
materials on insolvency for the creation of an online library to be
An Illustrated History (2004) and co-author of Bankruptcy in
known as the “Honsberger Collection”.
Mr. Honsberger was the first recipient of the inaugural Law
Canada (2009). He was a founding director of The Osgoode
Society for Canadian Legal History.
Society Medal in 1986. In 1998, he was awarded the Mundell Medal
Mr. Honsberger, 90, still walks to the Raymond &
by the Attorney General of Ontario for his vast contributions to
Honsberger office almost every day. He attended Osgoode
legal writing for over 50 years.
in recognition
O’Connor recognized with
Advocates’ Society Medal
Photo: Eya Donald Greenland Kotulsky, Atelier Ivaan
the advocates’ society medal was presented to the
Honourable Dennis O’Connor, Q.C., former Associate Chief Justice
of the Court of Appeal for Ontario, at a gala dinner in February.
The event was hosted by The Advocates’ Society and attended
by nearly 600 guests. It featured a tribute by The Honourable
Justice Eleanore A. Cronk, Court of Appeal for Ontario, and a
toast by The Honourable Justice Robert P. Armstrong, Court of
Appeal for Ontario. Peter H. Griffin, president of The Advocates’
Society, served as Master of Ceremonies.
Mr. O’Connor led the Walkerton Inquiry (2000–02) and the
Arar Inquiry (2004–06) and acted as chief negotiator for the
federal government in the Yukon Indian Land Claim (1980–84).
He was appointed Magistrate in the Yukon Territory and sat as a
Deputy Magistrate of the Northwest Territories (1973–76).
Appointed to the Court of Appeal for Ontario in 1998,
Mr. O’Connor sat for 14 years, when, in 2001, he became the
Associate Chief Justice of the Court of Appeal for Ontario.
Mr. O’Connor retired from the Bench at the end of 2012 and
recently re-joined the Toronto office of Borden Ladner Gervais LLP
as counsel—the firm where he practised a broad range of litigation
from 1980 to 1998 when the firm name was Borden & Elliot.
The Honourable Dennis O’Connor, Q.C. (right) with The Advocates’ Society president, Peter H. Griffin.
He served as an elected bencher of the Law Society of Upper
Canada (1987-95). He graduated from Osgoode Hall Law School
in 1964 and was called to the Bar of Ontario in 1966. He was
appointed Queen’s Counsel in 1980. He has been awarded
honorary Doctors of Law from the University of Guelph (2011),
Assumption University (2008), York University (2007) and the
University of Western Ontario (2003).
The Advocates’ Society Medal is the highest expression
of esteem that The Advocates’ Society can convey to one of
its members.
Photo courtesy of the Ontario Ministry of Citizenship and Immigration
Former Treasurer Sydney Robins invested with Order of Ontario
the honourable sydney l. robins, 0.0nt.,
q.c., lsm, former Treasurer of the Law
Society, was invested with the Order
of Ontario and awarded the Queen’s
Diamond Jubilee Medal at a ceremony
in February.
A prominent figure in Ontario’s legal
profession for more than 60 years, Mr.
Robins served as special lecturer on torts at
Osgoode Hall Law School (1948–60), and
participated in many continuing legal education sessions for the Law Society.
Mr. Robins was first elected a bencher in
1961 and served as Treasurer for a threeyear term (1971–74). He was recognized by
the Law Society with an honorary LLD in
1981, and the Law Society Medal in 2000.
In 1976, he was appointed to the
Supreme Court of Ontario, and, in 1981,
to the Court of Appeal for Ontario. As a
judge, Mr. Robins authored many decisions
cited frequently in courts across the country. He retired from the bench in 1998.
Appointed Queen’s Counsel in 1962,
Mr. Robins attended Harvard Law School
on scholarship and received his Master of
Laws degree in 1948. He was called to the
Bar of Ontario in 1947 after graduating
from Osgoode Hall Law School.
He has written landmark reports,
including an advisory opinion on the issue
of compensation for the wrongfully convicted in the matter of Steven Truscott for
the Ontario government (2008), and the
report Protecting Our Students: A review to
identify and prevent sexual misconduct in
Ontario schools (2000).
The founding chair of the Law
Foundation of Ontario was senior partner
in the Toronto firm of Robins & Robins,
where he practised corporate, commercial
and labour law. The Advocates’ Society
named him one of 50 remarkable Ontario
advocates who practised between 1950
and 2000, in the book Learned Friends
by Jack Batten.
In 1998, Mr. Robins joined Goodmans
LLP as counsel. Since 2009, he has been
named in the Best Lawyers® in Canada
peer-review list under Alternative Dispute
Resolution and International Arbitration.
CONVOCATION DECISIONS
February 2013 Highlights
Real Estate Declaration to be included in Lawyer
Annual Report
To help combat the high costs of real estate-related complaints, particularly mortgage fraud, Convocation approved a
requirement that lawyers who practise real estate law declare
their compliance with the Law Society’s Rules and By-laws
regarding this area of practice.
The new requirement focuses on mortgage fraud issues and
does not involve any rule or by-law changes, nor does it
create any new obligations. It consolidates and reinforces the
real estate requirements outlined in the Rules of Professional
Conduct and Law Society By-laws.
As a transitional step, the Real Estate Acknowledgement will
be included in the 2013 Lawyer Annual Report, to be filed
by March 31, 2014. In 2014 and subsequent years, lawyers
practising real estate law will be required to complete an
Annual Declaration of their compliance.
National Mobility Agreement 2013 approved
Convocation approved in principle the National Mobility
Agreement 2013. When fully implemented, the agreement will
provide for full, permanent mobility between the Barreau du
Québec and the rest of Canada and replace the Canadian Legal
Advisor regime set out in the Québec Mobility Agreement.
Convocation also agreed to recommend that the Federation
of Law Societies of Canada develop a guide on the key differences between the legal systems in Québec and the common
law jurisdictions. The agreement builds on a series of national
mobility initiatives undertaken by the Federation and its member law societies, beginning in 2002.
JANuary 2013 Highlights
National competency profile for lawyers approved
Convocation approved the Federation of Law Societies
of Canada’s National Entry to Practice Competency Profile for
Lawyers and Québec Notaries. The competency profile is
a key element in the first phase of the Federation’s
National Admission Standards Project, which is focused
on developing and implementing consistent, transparent
and high national standards for the regulation of the
legal profession. The Federation asked individual law
societies to consider and approve the profile.
Human Rights Monitoring Group interventions
The Law Society intervened in the following cases:
•T
he arrest and detention of human rights lawyers in Turkey.
• The arrest and detention of human rights lawyer Le Quoc
Quan in Vietnam.
The Human Rights Monitoring Group was established
to monitor human rights violations that target lawyers and
judges as a result of the discharge of their legitimate
professional duties.
Human Rights Monitoring Group interventions approved
The Law Society intervened in the case of Madam Justice
Shirani Bandaranayake, Chief Justice of Sri Lanka. The Law
Society publicly expressed concern that the recent dismissal
of Chief Justice Bandaranayake was politically motivated
and may have a negative effect on judicial independence in
Sri Lanka.
December 2012 Highlights
Human Rights Monitoring Group interventions approved
Convocation approved interventions in the following matters:
AppointmentS
Benchers Jacqueline Horvat, James Scarfone and Alan Silverstein
were reappointed to the Board of Directors of LibraryCo Inc.
effective December 31, 2012, for a term of one year. Bencher
Ross F. Earnshaw was appointed to the Board of Directors of
LibraryCo Inc. effective December 31, 2012, for a term of one
year, to replace Cathy Corsetti.
NOVember 2012 Highlights
Articling Debate: New licensing programs approved
Convocation approved a three-year pilot project that will allow
lawyer licensing candidates to either article or complete a Law
Practice Program, starting in the 2014-15 licensing year.
Convocation also approved an appropriate member contribution to help defray costs of the pilot project. The amount of
the contribution will be recommended by the Law Society’s
Professional Development and Competence Committee to
Convocation.
Parental Leave Assistance Program extended
Convocation approved a motion to extend the Parental Leave
Assistance Program (PLAP) and institute a means test by
which an applicant must have a net annual practice income of
less than $50,000 to be eligible for the PLAP. The extension
will permit consultation with the profession so as to further
study and evaluate the program with the stakeholders.
Law Society budget introduces modest fee
increases for 2013
Convocation approved the Law Society’s 2013 budget with
modest annual fee increases of 1.4 per cent for lawyers and
paralegals. The 2013 fee for a practising lawyer increases by
$25, from $1,826 to $1,851, while the fee for licensed paralegals increases by $14, from $982 to $996.
LibraryCo Inc. budget approved
Convocation approved the 2013 LibraryCo Inc. budget of
$8.4 million, representing a 1.3 per cent increase over 2012.
Included in the budget is a 2 per cent increase for law
library grants. The budget increase will be funded through
a $2 increase in the lawyer levy, to $205, and LibraryCo’s
continued use of its General Fund surplus.
• The arbitrary detention of Fabián Nsue Nguema of
Equatorial Guinea.
• The murder of human rights lawyer Antonio Trejo Cabrera
of Honduras.
Recent Rule and By-Law Amendments
Convocation recently made the following amendments
to Law Society Rules and By-Laws:
FEBRUARY 2013
By-Laws 6 and 7 to be amended re: insurance requirements for certain partnerships
Convocation approved in principle amendments to
By-Law 6 [Professional Liability Insurance] to require
paralegals working in partnership with lawyers to purchase insurance from LAWPRO, effective January 2014.
Convocation also approved in principle amendments
to By-Law 7 [Business Entities] to clarify that lawyers
who enter into partnership with non-licensees, and lawyers who enter into partnership with both paralegals and
non-licensees, are to obtain insurance for the non-licensee partner from LAWPRO.
Motions to amend the wording of the by-laws will be
prepared for a future Convocation.
Rules of Practice and Procedure amended re: Costs
The Rules of Practice and Procedure were amended to
incorporate the Tariff for the Calculation of Costs, which
was previously approved at June 2012 Convocation.
Convocation also approved new subrule 25.01 (5), which
provides that when awarding costs, the Hearing Panel
shall consider, but is not bound by, the tariff of fees for
services. The amendments to the Rules resulted from the
work of the Joint Working Group on Costs, which examined a number of issues relating to costs awards made in
Law Society proceedings.
Rules of Practice and Procedure amended re: Practice
Direction on Adjournments
The Rules of Practice and Procedure were amended
to reflect the provisions of the Practice Direction on
Adjournments, adopted by Convocation in October 2011.
The Rules were also amended to expand the authority of
pre-hearing conference panellists to provide directions.
ConvoCation attendanCe
Attendance
Nov.
22
Paralegal guidelines amended
re: Member Assistance Program
The Paralegal Professional Conduct Guidelines
were amended by the Paralegal Standing
Committee to include reference to the Law
Society’s new Member Assistance Program
offered by Homewood Human Solutions™.
JANUARY 2013
Lawyers’ rules of conduct amended
re: new member assistance program
The Rules of Professional Conduct were
amended to include reference to the Law
Society’s new Member Assistance Program
offered by Homewood Human Solutions™.
Non-voting Benchers in attendance:
November 22, 2012 — L. Banack, P. Copeland,
P. Furlong, G. Gottlieb, R. Manes, D. Murphy,
R. Murray, L. Pawlitza, C. Ruby, G. Swaye,
J. Wardlaw, B. Wright, R. Yachetti
December 7, 2012 — R. Aaron
January 24, 2013 — L. Banack, P. Copeland,
P. Furlong, G. Gottlieb, D. Murphy, R. Murray,
H. Ross, G. Swaye, J. Wardlaw, B. Wright
February 28, 2013 — L. Banack, P. Copeland,
N. Finkelstein, P. Furlong, G. Gottlieb,
D. Murphy, R. Murray, H. Ross, C. Ruby,
G. Swaye, J. Wardlaw, B. Wright
Conway, Thomas (Treas.)
Anand, Raj
Backhouse, Constance
Boyd, Marion
Braithwaite, Jack
Bredt, Christopher
Callaghan, John
Campion, John
Chilcott, W. Dan
Dickson, Mary Louise
Doyle, Adriana
Dray, Paul
Earnshaw, Ross
Elliott, Susan
Epstein, Seymour
Eustace, Lawrence
Evans, Robert
Falconer, Julian
Ferrier, Lee
Gold, Alan
Goldblatt, Howard
Haigh, Michelle
Halajian, Jennifer
Hare, Susan
Hartman, Carol
Horvat, Jacqueline
Hunter, George
Krishna, Vern
Leiper, Janet
Lerner, Michael
MacKenzie, Gavin
MacLean, Virginia
Marmur, Dow
Matheson, Wendy
McDowell, William
McGrath, Susan
Mercer, Malcolm
Millar, W. A. Derry
Minor, Janet
Murchie, Barbara
Porter, Julian
Potter, Judith
Pustina, Nicholas J.
Rabinovitch, Jack
Richardson, Jan
Richer, Susan
Robins, Sydney
Rock, Allan
Rothstein, Linda
Sandler, Mark
Scace, Arthur
Scarfone, James
Schabas, Paul
Sheff, Gerald
Sikand, Baljit
Silverstein, Alan
Strosberg, Catherine
Strosberg, Harvey
Sullivan, Joseph
Symes, Beth
Wadden, Robert
Wardle, Peter
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Roll-call votes
November 22, 2012
RESUMPTION OF THE DEBATE ON THE FINAL REPORT
OF THE ARTICLING TASK FORCE
Mr. Anand presented the Report.
Re: Pathways to the Profession:
A Roadmap for the Reform of
Lawyer Licensing in Ontario
Motion 1: It was moved by Mr. Anand, seconded by Mr.
Mercer that Convocation approve the pilot project respecting the transitional training component of the Law Society’s
licensing process, as set out in the motion at paragraph 1 of
the Report, as amended, the integrated components which
are set out in the motion and the details of which are set out
in the Report.
The motion carried.
Vote: For – 35; Against – 21; Abstain – 0
Motion 2: It was moved by Mr. Falconer, seconded by Mr.
Goldblatt that in recognition of the necessity to defray
the cost to licensing candidates of the licensing process,
Convocation shall approve an appropriate member contribution to the costs of the pilot project, to be recommended by
the Professional Development and Competence Committee
once the costs of the pilot project are determined by that
Committee and recommended to Convocation as a matter of
implementing the pilot project.
The motion carried.
EQUITY AND ABORIGINAL ISSUES COMMITTEE/COMITE
SUR L’EQUITE ET LES AFFAIRES AUTOCHTONES REPORT
Mr. Goldblatt presented the Report.
Re: Assessment of the Parental Leave
Assistance Program (PLAP)
Motion 3: It was moved by Mr. Goldblatt, seconded by Ms.
Hare, that Convocation approve the following with respect to
the Parental Leave Assistance Program (PLAP):
b. t hat the PLAP eligibility criteria be modified by adopting
a means test where the applicant must have a net annual
practice income of less than $50,000 to be eligible to
receive benefits; and
c. t hat PLAP as currently structured be extended as necessary to permit the Law Society to confirm tax implications
of the proposed modifications to PLAP for the means test.
An amendment to the motion, moved by Ms. Doyle and
seconded by Ms. Minor, was accepted to replace paragraph a.
with the following:
a. t hat the PLAP pilot project be extended to permit consultation with the profession and to further study and evaluate with the stakeholders;
and to add paragraph d. as follows:
d. D
uring the extension of the pilot project, the Equity and
Aboriginal Issues Committee will:
i. C
ontinue to explore options to meet the objectives of
PLAP, to assist in keeping women in practice by reducing
the financial hardship faced by lawyers in sole practice
and small firms during parental leave;
ii. R
eview the implementation of the means test, make
evidence-based determinations about the merits of the
means test, which ensure that those in need benefit
most from the Program; and
iii. R
eport to Convocation on the matters described in (i)
and (ii) above.
It was moved by Mr. Lerner, seconded by Mr. Evans, that
paragraph b. of the motion be amended to read:
b. t hat the PLAP eligibility criteria be modified by adopting
a means test;
The motion was lost.
The main motion as amended carried.
a. that PLAP be made a permanent program;
There were no motions at the Dec. 7, Jan. 24 or Feb. 28 Convocations requiring a roll-call vote.
JUDICIAL APPOINTMENTS
federal court of appeal
Effective February 7, 2013
The Honourable David G. Near
federal court
The Honourable Peter B. Annis
court of appeal for ontario
Effective December 13, 2012
The Honourable Peter D. Lauwers
superior court of justice
The Honourable Kofi N. Barnes
(Brampton, Central West Region)
The Honourable Mary E. Vallee
(Newmarket, Central East Region)
Case Management Master Charles Wiebe
(Toronto Region)
The Honourable David L. Edwards
The Honourable Michael N. Varpio
(Sault Ste. Marie, Northeast Region)
ontario court of justice
The Honourable James R. Chaffe
(Newmarket, Central East Region)
The Honourable David M. Gibson
(Kenora, Northwest Region)
Effective January 23, 2013
The Honourable Philip J. Clay
The Honourable Lise S. Parent
The Honourable M. Edward Graham
(Woodstock, West Region)
His Worship Warren G. Ralph
Regional Senior Justice of the Peace
(Toronto Region)
His Worship Angelo E. Amenta
Her Worship Samantha Burton
Her Worship Anna Gibbon
(Thunder Bay, Northwest Region)
Her Worship Catherine H. Henderson
(Lindsay, Central East Region)
Her Worship Danalyn J. MacKinnon
(Dryden, Northwest Region)
Her Worship Kelly Visser
Her Worship Susan E. Whelan
(Windsor, West Region)
Her Worship Melanie Bremner
(Toronto Region)
Her Worship Lurdes M. Cruz
(Toronto Region)
Her Worship Esther N. Daniel
(Toronto Region)
Her Worship Leona M. Dombrowsky
(Oshawa, Central East Region)
His Worship Serge Legault
(L’Orignal, East Region)
Her Worship Mathilda Lewis
(Toronto Region)
Her Worship Monique Mechefske
(Timmins, Northeast Region)
Her Worship Karine A.R. Morin
His Worship Christopher I. Peltzer
(Toronto Region)
Her Worship Catherine M. Shoniker
(Toronto Region)
Her Worship Marie-Christine Smythe
(Barrie, Central East Region)
33
Take a peek at the future.
Our 2013 Fall-Winter Calendar
is now set, offering you a variety of forwardthinking CPD programs in your practice area.
Take a peek and see what interests you.
Find out what’s ahead. Register online today.
http://ecom/lsuc.on.ca/cpd
For up to date program information
LIKE US on Facebook facebook.com/LSUCCPD
To join the conversation
FOLLOW US on Twitter @LSUCCPD
LETRIGHTPREVAIL
Barreau
The Law Society of du Haut-Canada
Upper Canada
Osgoode Hall
130 Queen Street West
Toronto, Ontario
M5H 2N6
NOTIFICATION OF CHANGE OF ADDRESS: return mailing label, amended accordingly, to the
Client Service Centre, at the above address or contact the Law Society at (416) 947-3318 or email to [email protected]

The changing legal profession: anticipating the future

Transcription

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