FOCUS The changing legal profession: anticipating the … · The changing legal profession:...

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Spring 2013 Volume 17, No. 1 / Printemps 2013 Volume 17, n o 1 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 PUBLISHED BY THE LAW SOCIETY OF UPPER CANADA / PUBLIéE PAR LE BARREAU DU HAUT-CANADA

Transcript of FOCUS The changing legal profession: anticipating the … · The changing legal profession:...

Spring 2013 Volume 17, No. 1 / Printemps 2013 Volume 17, no 1

FOCUS

The changing legal profession: anticipating the futureTAG — 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’horizonTendances dans la pratique du droit

John D. Honsberger, O.Ont., Q.C., LSMFounding editor of the Law Society Gazette recognized

Published by The law socieTy of uPPer canada / Publiée Par le barreau du hauT-canada

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 James Varro

February 22, 2013 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 James Varro

Le 22 février 2013 Secrétaire

THE LAW SOCIETY OF UPPER CANADA 1

SPRING 2013 | Vol. 17, No. 1PRINTEMPS 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 Law Society policy. Direct all editorial enquiries and correspondence to:

GazetteThe Law Society of Upper CanadaOsgoode Hall, 130 Queen Street WestToronto, ON M5H 2N6tel: (416) 947-5220 fax: (416) [email protected]

La Gazette (ISSN 1206-5358) est publiée par le Barreau du Haut-Canada, corps dirigeant de la profession juridique en Ontario. Les articles publiés dans la Gazette ne représentent pas nécessairement la position officielle du Barreau. Pour communiquer avec nous, s’adresser à : La GazetteBarreau du Haut-Canada

TreasurerThomas G. Conway

chief execuTive officerRobert G.W. Lapper, Q.C.

direcTor, communicaTions& ediTor-in-chiefRoy Thomas

managing ediTorLisa Hall

ProducTion ediTorDebbie Innes

design & arT ProducTion Barbara Bailey

conTribuTorsAyumi Bailly Filippo Conte Christopher Guly Sally HewsonRobyn Rucchin King Denise McCourtieKatie Rook Susan TonkinAaron Wrixon

french language conTribuTorcollaboraTrice de langue franç aiseGeneviève Proulx

PhoTograPhy Tim FraserDella Rollins

coverSpark Studio/Imagezoo/Getty Images

Printed on paper containing recycled material.

Contents

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

2 TREASURER’S Q & A | EnTRETiEn AvEC lE TRéSoRiER

4 FOCUS

The changing legal profession: anticipating the future 11 nEwS 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 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

29 ConvoCATion DECiSionS Recent rule and by-law amendments | 30 Convocation attendance and roll-call votes | 31

33 JUDiCiAl APPoinTMEnTS

2 GAZETTE | SPRING 2013

treaSurer’S Q & a / eNtretieN aVec le tréSorier

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 jus-tice system and I think that’s a problem.

How the system is structured and operates has con-tributed 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 straight-forward, 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 legisla-tive 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

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

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.

THE LAW SOCIETY OF UPPER CANADA 3

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 pos-itioned to bring that leadership… to bring a more stra-tegic and overarching focus to the efforts and initiatives in this field and see that they are developed and deliv-ered 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-sec-tion 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.

4 GAZETTE | SPRING 2013

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

THE LAW SOCIETY OF UPPER CANADA 5

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 people- management 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 success-ful 21st-century law firm will use a number of different play-ers and options appropriate for each situation, as opposed to the current approach where the law firm does everything on a file.”

focus

the chaNgiNg legal ProfeSSioN: aNticiPatiNg the future

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. SP

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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

legal services may be provided in the future and the related regulatory challenges.

Mitch Kowalski at Convocation's live webcast of the Articling Debate, fall 2012

6 GAZETTE | SPRING 2013

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 man-agement 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 servicesThat’s why Kowalski believes it’s time for the profession to undergo a complete overhaul. The billable hour is “out-dated” 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 law-yers — 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, responsibil-ity, 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 corpora-tion 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 innova-tions. Any innovation must be funded from within the part-nership, 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 efficien-cies, 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 tech-nology 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 co-own law firms in England and Wales.

“It’s all about access to justice,” says Kowalski.

eMBraciNg TechnologyKowalski 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 pro-fessor 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 algo-rithms 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 cer-tainly 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 commun-ities 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 ser-vice,” 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,

focus

THE LAW SOCIETY OF UPPER CANADA 7

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 PreSSureSHowever, 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 cli-ents,” 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 reso-lution 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

it’s not really a legal market. It’s more of a problem-avoidance/problem-resolution market.”

alTernaTive ways to Meet clieNt NeedSIn 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 arbitra-tion instead of traditional legal services,” he explains.

Passmore suggests in the future, other players, such as accountancy firms, may provide legal extras, such as compli-ance 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 non-lawyer 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 profes-sion is undergoing dramatic change in his jurisdiction.

ANTICIPATING THE FUTURE

Penn State Dickinson School of Law professor Laurel Terry, a scholar in the international regulation of the legal profession

8 GAZETTE | SPRING 2013

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 corpor-ate 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 man-agers whereas in a partnership, the managers and sharehold-ers 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 corpora-tions. 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 super-retailer Co-operative Group, which sells food, appliances, insurance, travel and offers banking, pharmacy and legal ser-vices 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 distri-bution, 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 sta-tionery 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, transpar-ency 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,

focus

Crispin Passmore, director of strategy at the Legal Services Board (LSB) in London, England

THE LAW SOCIETY OF UPPER CANADA 9

ANTICIPATING THE FUTURE

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 busi-ness for long.

“Lawyers are making decisions the same as any other busi-ness, 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 choiceHe 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 busi-ness 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 afford-able services for such consumers.

Clients unhappy with the service they receive from a law-yer 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 servi-ces,” 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 reachAs a result of technology shrinking geographic distances, legal service providers have more opportunity to expand their reach internationally and serve clients in multiple jurisdictions,

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 basic-ally 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 stay-ing 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 law-yers 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 com-pany 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 like-minded 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.”

Andrew Fleming, managing partner of Norton Rose Canada LLP in Toronto

thiNKiNg aS a service ProviderFor 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 technol-ogy-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 con-sidered 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 law-yers 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.”

10 GAZETTE | SPRING 2013

Fleming, who also practises business law, says the profes-sion will have to “embrace an advanced model for the pro-duction of legal services,” which includes the extensive use of technology and within that, a sophisticated knowledge-man-agement system.

“If my colleague in Sydney is doing a public-private part-nership 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 prob-lems 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 per-spective and look beyond its shores,” he says. “The UK is rea-sonably 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 exten-sion of the firm’s business model. Other multinational mar-riages 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.” University of Ottawa technology law professor Michael Geist

focus

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/

THE LAW SOCIETY OF UPPER CANADA 11

NEWS

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

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 representa-tives 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 creden-tialing 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.

law Society calls for proposals for new law Practice Program

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 implementa-tion process”.

National competency profile for lawyers approved

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

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 partici-pants 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, gov-ernment 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

Tag: TREASURER’S ADVISORY GROUP ON ACCESS TO JUSTICE BEGINS WITH SUCCESS

12 GAZETTE | SPRING 2013

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.

answering The call FOR RELIABLE LEGAL INFORMATION

in ADDiTion To CAllinG FoR CREATivE CollABoRATion, 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 easy-to-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 para-legals 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.

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THE LAW SOCIETY OF UPPER CANADA 13

your PracTice

to help combat the high costs of real estate-related complaints, particularly mortgage fraud, the Law Society’s gov-erning body approved a motion requir-ing 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

Real Estate Declaration introduced for Lawyer Annual Report

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:

n not allow anyone to use their e-reg™ 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 trans-feree in the transfer of title to real

The law Society has reduced the default period and implemented a late fee policy for annual fee payments and annual report filings.

The annual report was due March 31, 2013. Any reports not received by July 2, 2013 will be subject to a $100 late fee charge.

lawyers and paralegals who fail to file their annual report on time, or who fail to pay their annual fee on time, will be subject to the late fee as well as potential administrative suspension.

in addition, the default period during which lawyers and paralegals may pay their annual fee or file their annual report without penalty 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.

The law Society adopted the new policies to save administrative costs by reducing the number of late payments and filings.

property, except in the limited circum-stances set out in Rule 2.04 1(3)

n when acting in permissible circum-stances 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 acknow-ledge 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 docu-ment 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

More information is available at: www.lsuc.on.ca/fee_and_filing_policies/

Late fee policy in effect, annual report must be received by July 2, 2013

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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 self-represented and unrepresented litigants facing a family law dispute in Ontario.

“With yourontariolaw.com, we set out to provide guid-ance 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 emo-tional, 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 law-yers, 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.

“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 avail-able to people facing these circumstances.”

your PracTice

“ After spending some time on the website, i must confess 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 else-where 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

THE LAW SOCIETY OF UPPER CANADA 15

CPD make a planGain maximum benefit from your 2013 CPD by following these steps to make a plan:

More information is available at www.lsuc.on.ca — click CPD Requirement on the home page.

EXIGENCE DE

REQUIREMENT

Review your 2012 CPD activities.• What benefited you the most and why?• What would you like to build on?

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?

Consider how CPD programs and activities could bene�t 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?

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.

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.

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your PracTice

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 avail-able 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

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 ProgramThe 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, includ-ing eligibility criteria, application materials and fees, is avail-able on the Law Society website at: www.lsuc.on.ca/For-Lawyers/About-Your-Licence/About-the-Certified-Specialist-Program/.

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.

Peer VoluNteerS Needed

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.

cerTificaTion Perks n Your 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.

n You will be able to use the designation ‘CS’ following your name for the area of law in which you specialize.

THE LAW SOCIETY OF UPPER CANADA 17

your PracTice

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 2013The 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 exhib-itors 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 speak-ers 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 col-leagues. This dinner will provide an excellent venue for these activities,” says conference planner, Shari Slonim, Counsel, Continuing Professional Development, at the Law Society.

hot TopicsThe many breakout sessions will offer practitioners a chance to learn about innovative technologies and practice manage-ment 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 Cloudn Everything You Wanted to Know About Mac

but Were Afraid to Askn 50 Apps in 50 Minutesn 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.

Don’t miss this year’s Solo and Small Firm Conference & Expo

web: http://ecom.lsuc.on.ca/solo&smallTwitter: #solosmallFacebook: facebook.com/solosmall2013

18 GAZETTE | SPRING 2013

law society referral service provides thousands of referrals to those seeking assistance

your PracTice

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 informa-tion about joining the LSRS or renewing a subscription is available on the Law Society website: www.lsuc.on.ca.

CIVIL LITIGATION 36%

FAMILY/ESTATE LAW 29%

LABOUR & EMPLOYMENT LAW

16%

CRIMINAL LAW 9%

ADMINISTRATIVE LAW 6%

REAL ESTATE LAW 4%

MoSt coMMoN areaS of laW for referralS to laWyerS

Net benefits: Online GazetteParalegal 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

THE LAW SOCIETY OF UPPER CANADA 19

your PracTice

Paralegals designated as commissioners for taking affidavitsEffective July 1, 2013, a new regulation under the Commission-ers 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 with-out 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.

More accredited programs now offeredAccredited 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 exemptionsA 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 rec-ommended 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

recommends that “exemptions to Law Society regulation for those providing legal services be minimized.”

The new working group began consultations with inter-ested parties in January 2013.

law Society referral ServiceSince 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.

retention Programs to include paralegals

Paralegal uPdaTe

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.

These resources provide practical tools to enhance the retention of women in private practice and help them make seamless transitions throughout their careers.

MoSt coMMoN areaS of laW for referralS to ParalegalS

SMALL CLAIMS COURT 56%

OLRB – EmploymEnt standards act

3%

oThER: olRB – LaBOur rELatiONS aCt, wSiB, POa – oThER, POa – MUniCiPAl BY-lAwS

LANDLORD & TENANT BOARD (LANDLORD)

10%

LANDLORD & TENANT BOARD (TENANT)

15%

poa – HIGHWAY TRAFFIC OFFENCES

9%

SUMMARY ConviCTion – ThEFT UnDER $5,000 2% 5%

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PERSPECTIVES

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 char-ities 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 compas-sion 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 follow-ing 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 encour-agement 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 under-took everything with great devotion,” says Jeremy.

annual tournament helps lawyers feed the hungry provide healthy meals

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.

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.

20 GAZETTE | SPRING 2013

oTher news

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 inter-est earned on lawyers’ and paralegals’ mixed trust accounts. it funds Legal aid Ontario, access-to-justice grants, and supports public interest law and profes-sional excellence. it updates the profession on its activities in each issue of the Gazette.

THE LAW SOCIETY OF UPPER CANADA 21

PERSPECTIVES

REMEMBER WHEN THE FAx MACHINE WAS breakthrough workplace technology in the 1980s? Back then, secretaries answered tele-phones 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 special-ized 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 ques-tions 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 confer-ence 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 sur-veying 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

Public legal educaTionThe Promise of Technology, the Merit of Simplicity

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 dis-advantaged groups. Short, easy-to-digest docu-ments 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 com-mentary. “Disadvantage rarely occurs in isola-tion. 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 under-stand what works in what circumstances for which audiences. Evaluation tools and methods

PERSPECTIVES

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 prob-lem-solvers and helpers who know the law and the issues-at-hand. And our clients and the public look to us for insight, knowledge and support during what can at times be challen-ging 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 struc-tures. 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

Why i WeNt to laW School informing public perceptions

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 communi-cations today and the necessity to build and maintain relation-ships and the respect of our audience.

An accessible approach is needed for practitioners to con-nect with their clients and be seen as colleagues, profession-als 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 illus-trated 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 bet-ter 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.

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

22 GAZETTE | SPRING 2013

BARREAU DU HAUT-CANADA 23

Tour d’horizon

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’importancePour 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...

mondialisationDe 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.

Tendances dans la pratique du droit

La gestion de projetsLorsqu’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.

DiversitéPour 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.

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.

Langue d’affairesPour 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 juridiqueLe 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

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.

MondialisationDéjà 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…

Les tendances de la profession juridique en français

« … 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. »

24 GAZETTE | PRINTEMPS 2013

Tour d’horizon

THE LAW SOCIETY OF UPPER CANADA 27BARREAU DU HAUT-CANADA 25

le jeudi 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

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 à la foireD’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.

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.

Tour d’horizon

26 GAZETTE | PRINTEMPS 2013

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

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.

Cliquez justice

JurisourceL’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.caLE 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.

Tour d’horizon

THE LAW SOCIETY OF UPPER CANADA 27

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

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 trade-marks, 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

expertise to colleagues and firm clients. He is also a resident arbi-trator 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 recog-nize a lifetime of outstanding achievement, dedication to com-munity and service to the nation.

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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.

john d. honsberger, o.ont., q.c., lsm, was invested with the Order of Ontario and presented The Queen Elizabeth II Diamond Jubilee Medal in February. Mr. Honsberger was awarded the Order of Ontario for his seminal contributions to legal education, history and community service, and the Diamond Jubilee Medal on the recommendation of The Honourable David C. Onley, Lieutenant Governor of Ontario.

A widely respected lawyer specializ-ing in bankruptcy and insolvency law, Mr. Honsberger has been a practising lawyer for 63 years. He has written about law and history for more than 35 years and has pub-lished hundreds of journal articles. He was the founding and only editor of the Law Society Gazette for 28 years (1967–95) and is the author of the book Osgoode Hall: An Illustrated History (2004) and co-author of Bankruptcy in Canada (2009). He was a founding director of The Osgoode Society for Canadian Legal History.

Mr. Honsberger, 90, still walks to the Raymond & Honsberger office almost every day. He attended Osgoode

order of oNtario aNd QueeN’S diaMoNd JuBilee Medal for JohN hoNSBerger

Hall Law School after serving with the Canadian army in Europe during the Second World War. He entered the army with the rank of gunner and retired with the rank of captain at the age of 23.

In 1999, Convocation attached his name to the Law Society Archives’ Reading Room in honour of his contribution to preserv-ing Ontario’s legal history. The John D. Honsberger Reading Room is used by legal researchers, writers and historians through-out the year.

Mr. Honsberger’s writing on insolvency matters was recently recognized by the International Insolvency Institute. In 2012,

the institute began collecting his writing, correspondence and other materials on insolvency for the creation of an online library to be known as the “Honsberger Collection”.

Mr. Honsberger was the first recipient of the inaugural Law Society Medal in 1986. In 1998, he was awarded the Mundell Medal by the Attorney General of Ontario for his vast contributions to legal writing for over 50 years.

John D. Honsberger, O.Ont., Q.C., LSM (right)

28 GAZETTE | SPRING 2013

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

in recogniTion

o’coNNor recogNized With adVocateS’ Society Medal

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.

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.

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 edu-cation sessions for the Law Society. Mr. Robins was first elected a bencher in 1961 and served as Treasurer for a three-year 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 coun-try. 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.

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The Honourable Dennis O’Connor, Q.C. (right) with The Advocates’ Society president, Peter H. Griffin.

forMer treaSurer SydNey roBiNS iNVeSted With order of oNtario

He has written landmark reports, including an advisory opinion on the issue of compensation for the wrongfully con-victed 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. PH

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february 2013 highlighTs

Real Estate Declaration to be included in Lawyer Annual Report

To help combat the high costs of real estate-related com-plaints, 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 differ-ences 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 mem-ber law societies, beginning in 2002.

Human Rights Monitoring Group interventions

The Law Society intervened in the following cases:

• The 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.

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 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.

convocaTion DECISIONS

THE LAW SOCIETY OF UPPER CANADA 29

convocaTion DECISIONS

30 GAZETTE | SPRING 2013

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 require-ments for certain partnerships Convocation approved in principle amendments to By-Law 6 [Professional Liability Insurance] to require paralegals working in partnership with lawyers to pur-chase 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 law-yers who enter into partnership with both paralegals and non-licensees, are to obtain insurance for the non-licen-see 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: CostsThe 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 exam-ined a number of issues relating to costs awards made in Law Society proceedings.

Rules of Practice and Procedure amended re: Practice Direction on AdjournmentsThe 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.

december 2012 highlighTs

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 contribu-tion 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 extendedConvocation 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 para-legals increases by $14, from $982 to $996.

LibraryCo Inc. budget approvedConvocation 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.

Human Rights Monitoring Group interventions approvedConvocation approved interventions in the following matters:

• The arbitrary detention of Fabián Nsue Nguema of Equatorial Guinea.

• The murder of human rights lawyer Antonio Trejo Cabrera of Honduras.

convocaTion DECISIONS

THE LAW SOCIETY OF UPPER CANADA 31

Paralegal guidelines amended re: Member Assistance ProgramThe 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 programThe 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

*Motions A = against F = for Ab = abstain

THE LAW SOCIETY OF UPPER CANADA 1

ConvoCation attendanCe

Attendance Motion* Motion* Motion*Nov. 22

Dec. 7

Jan. 24

Feb. 28

1

2

3

Conway, Thomas (Treas.) • • • •Anand, Raj • • • F F FBackhouse, Constance • • • • A F FBoyd, Marion • • • F ABraithwaite, Jack • • • F F FBredt, Christopher • • • • F F FCallaghan, John • • • F A FCampion, John • • • F A FChilcott, W. Dan • • FDickson, Mary Louise • • • F F FDoyle, Adriana • • • • F F FDray, Paul • • • F A AEarnshaw, Ross • • • • F F FElliott, Susan • • • • A FEpstein, Seymour • • • • A A AEustace, Lawrence • • • F A FEvans, Robert • • • • F F FFalconer, Julian • • • F F FFerrier, Lee • • • A AGold, Alan • •Goldblatt, Howard • • F F FHaigh, Michelle • • • F FHalajian, Jennifer • • • F FHare, Susan • • • F F FHartman, Carol • • • F F FHorvat, Jacqueline • • • • A A FHunter, George • • F FKrishna, Vern • • ALeiper, Janet • • • • A Ab FLerner, Michael • • • • A Ab AMacKenzie, Gavin • • A A FMacLean, Virginia • • • A AMarmur, Dow • • • F F AbMatheson, Wendy • • • F F FMcDowell, William • • • F F FMcGrath, Susan • • • • F FMercer, Malcolm • • • F F FMillar, W. A. DerryMinor, Janet • • • F F FMurchie, Barbara • • • • F A FPorter, Julian • • • • F A FPotter, Judith • • • • A FPustina, Nicholas J. • • • • F F FRabinovitch, Jack • • • A FRichardson, Jan • • • • A F FRicher, Susan • • • • F F FRobins, Sydney • • A FRock, AllanRothstein, Linda • • A F FSandler, Mark • • • F F FScace, ArthurScarfone, James • • • • F A FSchabas, Paul • • • A F FSheff, Gerald • •Sikand, Baljit • • • F FSilverstein, Alan • • • • F F AStrosberg, Catherine • • • • A F FStrosberg, Harvey • • • A ASullivan, Joseph • • • • F F FSymes, Beth • • • • A F FWadden, Robert • • • • A F FWardle, Peter • • A F F

convocaTion DECISIONS

There were no motions at the Dec. 7, Jan. 24 or Feb. 28 Convocations requiring a roll-call vote.

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 respect-ing 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 contribu-tion 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.

Vote: For – 37; Against – 13; Abstain – 2

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):

a. that PLAP be made a permanent program;

32 GAZETTE | SPRING 2013

b. that 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. that PLAP as currently structured be extended as neces-sary 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. that the PLAP pilot project be extended to permit consul-tation with the profession and to further study and evalu-ate with the stakeholders;

and to add paragraph d. as follows:

d. During the extension of the pilot project, the Equity and Aboriginal Issues Committee will:

i. Continue 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. Review 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. Report 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. that the PLAP eligibility criteria be modified by adopting a means test;

The motion was lost.

The main motion as amended carried.

Vote: For – 37; Against – 5; Abstain – 1

THE LAW SOCIETY OF UPPER CANADA 37

Judicial aPPoinTmenTs

federal court of appeal

Effective February 7, 2013The Honourable David G. Near

federal court Effective February 7, 2013The Honourable Peter B. Annis

court of appeal for ontario

Effective December 13, 2012The Honourable Peter D. Lauwers

superior court of justice

Effective February 7, 2013The Honourable Kofi N. Barnes (Brampton, Central West Region)The Honourable Mary E. Vallee (Newmarket, Central East Region)

Effective December 19, 2012Case Management Master Charles Wiebe (Toronto Region)

Effective December 13, 2012The Honourable David L. Edwards (Brampton, Central West Region)The Honourable Michael N. Varpio (Sault Ste. Marie, Northeast Region)

ontario court of justice Effective February 6, 2013The Honourable James R. Chaffe (Newmarket, Central East Region) The Honourable David M. Gibson (Kenora, Northwest Region)

Effective January 23, 2013The Honourable Philip J. Clay (Brampton, Central West Region)The Honourable Lise S. Parent (Brampton, Central West Region)

Effective December 19, 2012 The Honourable M. Edward Graham (Woodstock, West Region)

Effective February 21, 2013His Worship Warren G. Ralph Regional Senior Justice of the Peace (Toronto Region)

Effective February 6, 2013His Worship Angelo E. Amenta (Brampton, Central West Region)Her Worship Samantha Burton (Brampton, Central West Region)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 (Brampton, Central West Region)Her Worship Susan E. Whelan (Windsor, West Region)

Effective December 19, 2012Her 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 (Brampton, Central West Region)His Worship Christopher I. Peltzer (Toronto Region)Her Worship Catherine M. Shoniker (Toronto Region)Her Worship Marie-Christine Smythe (Barrie, Central East Region)

THE LAW SOCIETY OF UPPER CANADA 33

The Law Society ofUpper Canada

Barreaudu Haut-Canada

L E T R I G H T P R E V A I L

Osgoode Hall130 Queen Street West

Toronto, OntarioM5H 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]

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