Posts filtered by tags: Law & Society[x]


A Specialized Lawyer Does Not Need to Be Certified

Lawyers are distinct from other professionals like medicine in that the license provided is inherently broad, and limited only by the restrictions the lawyer places upon themselves. For example, the states at 3.1-1 that a competent lawyer “means a lawyer who has and applies relevant knowledge, skills and attributes in a manner appropriate to each matter undertaken on behalf of a client and the nature and terms of the lawyer’s engagement…” Those knowledge, skills, and attributes can be defined ...
Tags: Law, Society, Goldfinger, Richard, Tribunal, Ontario, Supreme Court of Canada, Rothman, Law Society, Substantive Law: Judicial Decisions, Law Society of Upper Canada, Practice of Law: Practice Management, Hearing Division, 3894207 Canada Inc, Law Society Tribunal, Zappia

UK: Sex, Myths And The Menopause In The Legal Profession - PDT Solicitors

There can't be many occasions when the words Davina McCall and the Law Society are used in the same sentence, but that is exactly what happened on one of our firm wide calls.
Tags: UK, News, Davina McCall, Law Society

LinkedIn Is Not Facebook

You’ll see it every few weeks on LinkedIn. Somebody somewhere is complaining that LinkedIn is not Facebook. They’re usually complaining about it on LinkedIn, and the comments on these posts bear an earie resemblance to social media platforms that are not LinkedIn. Joshua Titsworth says that despite being founded in 2002, the site has gone through significant changes since that time, The truth about LinkedIn is that despite its intended use, it has always been a form of social media… Given th...
Tags: Facebook, Microsoft, Law, Toronto, Linkedin, New York Times, Ontario, Roth, Law Society, LSO, Leach, Hamza, Substantive Law: Judicial Decisions, Law Society of Ontario, Heeney, Rocheleau

Regulatory Innovation With a Legal Tech Sandbox

On April 22, 2021, the Law Society of Ontario approved a “Regulatory Sandbox for Innovative Technological Legal Services”, a five-year pilot project through which non-licensee providers will be given the LSO’s blessing to provide “innovative technological legal services” directly to consumers, under the LSO’s supervision. The sandbox was recommended by the LSO’s Technology Task Force in its report released on April 13, 2021. The sandbox is currently slated to launch in October 2021. The proposed...
Tags: Utah, Law, Chicago, Canada, Legal Ethics, Ontario, Task Force, Advisory Council, California Florida, Law Society, LSO, Utah Supreme Court, Canada Ontario, Edward Elgar, Noel Semple, Law Society of British Columbia

You Jump, I Jump: The Perils of Over-Identifying With a Client

Over-identifying with a client can impair objective representation. The Law Society of British Columbia’s “Common-sense Guidelines for Family Law Lawyers” includes nine “Best Practice Guidelines for Lawyers Practicing Family Law”. The second one is that “lawyers should strive to remain objective at all times” and should not “over-identify with clients or be unduly influenced by the emotions of the moment.” In the midst of doing some research recently, I did a search on CanLII of professional mis...
Tags: Law, Canada, Fidelity, Princeton University Press, Princeton, Legal Ethics, Ross, Magee, Edwards, Abella, Supreme Court of Canada, Marchand, Bassett, Law Society, Arbour, Oxford University Press

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. R. v. Desautel, 2021 SCC 17 (CanLII) [18] Section 35(1) of the Constitution Act, 1982, says: The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. Les droits existants — ancestraux ou issus de traités — des peuples autochtones d...
Tags: Law, Canada, Mitchell, Law Society, R, Wednesday: What's Hot on CanLII, Aira, Hak, Cavanagh, Corlett, Law Society of Ontario, Reykdal, Desnoyers, Hearing Division the Appeal Division, Desnoyers Estate

Fingers Crossed for a Sandbox!

What makes for an effective and efficient law society? This isn’t a question without controversy. The last several decades abound with debate about what exactly Canadian law societies should be doing and how they should be doing it. Two propositions, however, strike me as relatively uncontroversial: (1) law societies should engage in evidence-based policy making; and (2) law societies should continually evolve their approaches in response to changes in the legal services environment. In short, w...
Tags: Utah, Law, Digital, Toronto, Canada, United States, Time Magazine, North America, British Columbia, Legal Ethics, LexisNexis, Ontario, Law Society, LSO, Rebecca Sandefur, Jordan Furlong

Ensuring Professional Competence?

In February, it was reported that the UK’s Legal Services Board was moving forward with plans to introduce “continuing competence checks” for lawyers. This could involve the regulator obtaining feedback from consumers, judges and peers; making quality assurance visits; and possibly even requiring formal revalidation of lawyers’ credentials. In my last column, I discussed how the raison d’être of lawyer regulation is to ensure that anyone providing legal services will meet standards of profession...
Tags: UK, Law, Society, Canada, Nova Scotia, NCA, Legal Ethics, Saskatchewan, Ontario, Law Society, LSO, Georgetown Law, Noel Semple, Woolley, Amy Salyzyn, Salyzyn

Leading criminal barrister and former Law Society president Jonathan Temm QC dies

Top trial lawyer and former New Zealand Law Society president Jonathan Temm has died.The Rotorua barrister was involved in some of the country's biggest criminal cases during his career, including the Nia Glassie murder trial.... [Author: [email protected]]
Tags: Business, Top, Rotorua, Law Society, Jonathan Temm, New Zealand Law Society, Nia Glassie

Videoconferencing Technologies and How It Challenges the Fundamental Tenets of Our Criminal Justice System in Canada

Since the onset of COVID-19 and the requirements for physical distancing, the Canadian court system has been criticized for being archaic, outdated, out of touch with the modern era and too deeply traditional. Most commentators have vigorously pushed for our criminal courts to utilize videoconferencing technologies to deliver justice – arguing that using videoconferencing technology platforms to conduct court business will be more beneficial to Canadians, ease the growing backlog of cases, reduc...
Tags: Florida, UK, England, Texas, Law, Wales, California, US, Canada, Missouri, Smith, Criminal Justice, Legal Technology, Ontario, Walsh, Moore

Why Do We Regulate Lawyers?

This is my first legal ethics column for Slaw. I am delighted and honoured to be taking the place of my former colleague, mentor, and all-around legal ethics and regulation rock star, Malcolm Mercer, who recently assumed the role of Chair of Ontario’s Law Society Tribunal. In the coming months and beyond, I look forward to using this space to consider rules of professional conduct and discipline; governance issues in lawyer regulation; legal education and training; and the future of legal servic...
Tags: Law, Society, Alberta, Legal Ethics, Columbia, Saskatchewan, Ontario, Law Society, Malcolm, Gillian Hadfield, Alice Woolley, Malcolm Mercer, Lisa Trabucco, Ontario The Society, Michael J Trebilcock, Professional Organization Committee Ministry

New Frontier of Legal Innovation – Regulatory Legal Innovation Sandboxes

2020 has seen an adoption of legal technology and legal innovation, however, one of the more surprising developments are legal regulatory sandboxes, introduced first in the state of Utah in the United States and now in Canada, by the Law Society of British Columbia. The regulatory sandbox model allows for the experimentation of new alternative business models, including non-lawyer ownership and fee sharing, in a controlled environment under the regulator’s supervision. The Utah Supreme Court two...
Tags: Utah, UK, Supreme Court, Law, Canada, United States, Arizona, North America, Legal Technology, Ontario, Morrison, Arizona Supreme Court, Law Society, Utah Supreme Court, Law Society of British Columbia, Law Society of Ontario

Making the Hard Decisions: Ethical Lawyering

What do you do as a lawyer when your client wants you to call a witness or make representations to the court that you believe are non-starters and even dangerous to your client’s case? If you’re one of President Donald Trump’s lawyers, you might seek to introduce a “handwritten yellow sticky note” as evidence of election fraud (see decision with ruling the note was inadmissible as hearsay here). And then there’s Dean Embry, the lawyer representing James Sears, the editor of Your Ward News, who n...
Tags: Law, Globe, Donald Trump, Sears, Ontario, Cbc, National Post, Law Society, LSO, Canadian Press, Embry, Perkel, Practice Of Law, Law Society of Ontario LSO, Colin Perkel, Dean Embry

Is Former SCC Chief Justice McLachlin’s Action Committee and Leadership of the A2J Agencies Avoiding the Major Issues? [Part 2 of 2 Parts]

[The content of this article is closely related to five of my previous posts on Slaw , dated: July 25, 2019 ; April 9, 2020 ; May 29, 2020 ; August 6, 2020 ; and, October 22, 2020 . See also the full text on the SSRN .] Part 1 presented the proposition that the great amount of “emergency relief-type” activity and literature that has been produced by the many access to justice agencies (A2J agencies) in relation to the “A2J problem” of unaffordable lawyers’ services,...
Tags: Justice, Law, Court, Canada, Department Of Justice, University of Toronto, Stanford University, Ontario, Toronto Star, Supreme Court of Canada, Statistics Canada, Law Society, LSO, R, SCC, Monahan

Discrimination Exists Even in Commercial Tenancies

Those protesting from “diversity fatigue” often complain that some people will find indicia of subtle racism in almost everything. It’s like they dispute that these influences are subtle and pernicious, and can be found throughout the social fabric of our society. Fortunately the courts in Ontario disagree, finding in a commercial tenancy dispute in Elias Restaurant v. Keele Sheppard Plaza Inc. regarding a refusal by the landlord to renew a commercial lease. The concept of “prejudice” as used in...
Tags: Landlord, Law, Toronto, Canada, Court of appeal, Black, Parks, Ontario, Morgan, TMI, Law Society, Tulloch, LCBO, Substantive Law: Judicial Decisions, Justice Morgan, Elias Restaurant

Those protesting from “diver...

Those protesting from “diversity fatigue” often complain that some people will find indicia of subtle racism in almost everything. It’s like they dispute that these influences are subtle and pernicious, and can be found throughout the social fabric of our society. Fortunately the courts in Ontario disagree, finding in a commercial tenancy dispute in Elias Restaurant v. Keele Sheppard Plaza Inc. regarding a refusal by the landlord to renew a commercial lease. The concept of “prejudice” as used in...
Tags: Landlord, Law, Toronto, Canada, Court of appeal, Black, Parks, Ontario, Morgan, TMI, Law Society, Tulloch, LCBO, Substantive Law: Judicial Decisions, Justice Morgan, Elias Restaurant

Does the Proposed 25% LSO Fee Reduction Make Any Sense?

The last six months have been a challenge for everyone. The impacts of the pandemic have differed but no one has been spared. Lawyers and paralegals are no different. We have all been affected, in varying degrees and in varying ways. For many of us, the fact that we provide professional services rather produce goods or provide retail services has helped as many professional services need not be provided in person. Remote work has been possible for many. But some have been particularly affected. ...
Tags: Law, Miscellaneous, Ontario, Law Society, LSO, Practice Of Law

UK: "The Reputation Of The Profession Is More Important Than The Fortunes Of Any Individual Member." - Charles Russell Speechlys LLP

So said Sir Thomas Bingham in the case of Bolton v Law Society in 1993, noting that "Membership of a profession brings many benefits, but that is part of the price."
Tags: UK, News, Bolton, Law Society, Charles Russell Speechlys, Thomas Bingham

Comments on the LSO’s Education Plan for a Family Legal Services Provider Licence

In an effort to increase assistance for family law litigants who do not have legal representation (self- or unrepresented litigants) and to assuage the concerns of the family law bar, some members of whom object to the introduction of paralegals into family law, at the same time, the Law Society of Ontario has proposed a new licencing framework, one limited to the provision of legal services in family law and one most likely to be taken up by existing paralegals. The LSO has invited comment on t...
Tags: Law, Education & Training, Ontario, Law Society, LSO, Justice Committee, Practice Of Law, Justice Issues, IPV, Bonkalo, Family Legal Services Review, Law Society of Ontario, Children 's Aid Society, Humber College, Justice Bonkalo, FLSP

UK: COVID-19: Law Society's Guidance On The Use Of Virtual Execution And E-signatures - Beale & Co

The Law Society has recognised the current pandemic and social distancing rules has increased the need for solicitors and clients to be able to close deals without being face to face.
Tags: UK, News, Beale, Law Society

A Good Day for Self-Regulation: The LSO’s Family Law Paralegal Proposal

Paralegals have been licensed to independently offer legal services in Ontario since 2007. Their current scope of practice includes tribunal and small claims matters, provincial offences, and some other legal needs. Last month, the Law Society of Ontario’s Family Law Working Group proposed that paralegals, with special training, be allowed to offer family law services as well. The scope of practice proposed for paralegals in family law is surprisingly broad. I had expected that it might be confi...
Tags: Law, Washington, Legal Ethics, Ontario, Floyd, Law Society, LSO, Working Group, Family Law Working Group

After fintech, the UK hopes its next $50 billion tech success will be law

London is home to 44% of Europe's law startups and the city has been flagged by The Law Society as one of 10 emerging "lawtech" ecosystems. The UK government has devoted £2 million ($2.5 million) to digitizing the sector. Inspired by the success the UK has seen in fintech, where UK startups raised almost $50 billion in 2019, a lawtech sandbox will launch at the end of 2020 to boost R&D in the sector. The UK's lawtech market is much less mature than fintech, but has "similar potential," says Te...
Tags: Europe, UK, London, Stanford, US, Trends, Hsbc, Andreessen Horowitz, Kpmg, Natwest, Madrid, Thomson Reuters, Highland Europe, Highland, Laurent, Law Society

10 things in tech you need to know today

Good morning! This is the tech news you need to know this Friday. Sign up here to get this email in your inbox every morning. Amazon invested in startups and gained proprietary information before launching competitors, often crushing the smaller companies in the process, according to the Wall Street Journal. The Journal spoke with startups who said Amazon made similar hardware and software products after purchasing stakes in the companies. Former Wirecard COO and fugitive Jan Marsalek appears ...
Tags: Apple, Amazon, Facebook, Europe, Elon Musk, UK, London, Youtube, Trends, Analytics, Intel, West, Hsbc, Donald Trump, Alexa, Law Society

Mired in Conflict? Me Deciding Whether You Can Compete With Me

Does it make sense that lawyers elected by lawyers should effectively decide the permitted scope of practice of paralegals with whom they do or would compete for work? Does it make sense that lawyers and paralegals elected by their peers should decide what legal services can only be provided by lawyers and paralegals and thereby maintain their monopoly?[1] On the other hand, does it make sense that elected lawyers and paralegals should decide what education and training is appropriate for licens...
Tags: England, Law, Wales, New York City, Society, Canada, Bill, Quebec, British Columbia, Alberta, Legal Ethics, Saskatchewan, Ontario, Manitoba, PSC, Law Society

UK: COVID-19 And Conveyancing Transactions - Rollits LLP

The Law Society hopes the government will produce official guidance on these issues in the coming days.
Tags: UK, News, Law Society

New Zealand: When is a lawyer not a lawyer in New Zealand? - Wynn Williams Lawyers

A lawyer is a person who holds a current practicing certificate issued by the Law Society, as a barrister or solicitor.
Tags: News, New Zealand, Law Society, Wynn Williams Lawyers

Society’s Income-Inequality Unrest and Law Society Access to Justice Failure

[See the full text of this article on the SSRN. This one is related to my two previous Slaw posts dated: July 25, 2019, and April 9, 2020] Law society bencher-based[i] management structure: (1) has caused and perpetuates the very destructive access to justice problem (the A2J problem) of unaffordable lawyers’ services for middle- and lower-income people; which has a cause-and-effect relationship with, (2) increasing the negative consequences of society’s equally destructive income-inequality pro...
Tags: Justice, Law, Toronto, Canada, Lake, Ontario, Peter, Niagara, Supreme Court of Canada, Supra, Law Society, LSO, LegalZoom, Ryerson University, Jordan Furlong, Practice Of Law

The Constitutionality of Interprovincial Boundary Closures (Part II)

INTRODUCTION In my post last week, I blogged the background to an analysis of constitutional challenges to interprovincial border closures. I briefly referred to the Supreme Court of Canada’s decision in Comeau, which considered the constitutionality of barriers to interprovincial trade represented by section 134 of the New Brunswick Liquor Control Act limitations on the amount of liquor and beer that someone could bring into New Brunswick from another province. I also set out some of the border...
Tags: Law, Court, US, First Nations, Canada, New Brunswick, Newfoundland, Nova Scotia, Bill, Quebec, British Columbia, Alberta, Columbia, Rand, Nb, Saskatchewan

Law Society says safeguards in new law will protect immigrants

By Gill Bonnet of RNZ The Law Society says immigrants can be reassured over new legislation after safeguards were introduced to protect them.The fast-tracked immigration bill passed its final hearings in Parliament on Friday.About... [Author: [email protected]]
Tags: Business, Parliament, Law Society, RNZ, Gill Bonnet

Law Society Policy for Access to Justice Failure, Part Two

[see the full text on the SSRN (updated in March, 2020)] The comment of the Treasurer of the Law Society of Ontario (Malcolm Mercer, its CEO) responding to my first article having the above same title, published in Slaw, on July 25, 2019, contains the following objections: 1. That I am wrong to say that law societies should be defending lawyers’ markets. He states: Rather, the principal role of the Law Society under the Law Society Act (Ontario) is to (i) determine what legal services should app...
Tags: Justice, Law, Canada, Bill, Ontario, Law Society, LSO, Mercer, LegalZoom, Monahan, Patricia Hughes, Lao, Practice Of Law, Christopher Moore, Law Society of Upper Canada, University of Toronto Press