Posts filtered by tags: Noel Semple[x]


 

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


Updates and New Additions to CanLII’s Slaw Ebook Collection

Spring greetings! Following up on an announcement we made in November of 2019, CanLII and Slaw.ca are proud to announce the addition of 14 new ebooks to CanLII’s commentary collection. The series now encompasses 27 ebooks that feature legal writing on a variety of subjects. Each ebook contains a set of selected columns from a Slaw.ca contributor that have been edited and formatted for display on CanLII: James Côté on Legal Technology Doug Ferguson on Legal Education Gabriel Granatstein on Emplo...
Tags: Law, Announcements, Mark Hunter, Ian MacKenzie, Adam Dodek, Patricia Hughes, John Gregory, Doug Ferguson, Noel Semple, Amy Salyzyn, Susannah Tredwell, James Cote, Deanne Sowter, Pulat Yunusov, Cameron Hutchison, Michael Erdle


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


The Alarming Privatization of Our Judicial System

Some law firms last year experienced record profits, despite the pandemic. Part of the growth in revenue was due to the increase in private arbitration. As courts struggled to adapt, more litigants turned to private solutions, like mediation and arbitration. In the article “As Trials Stalled, Shook Hardy Found Other Ways to Drive Revenue, Profits“, author Dylan Jackson explains that the law firm Shook, Hardy & Bacon saw their profits increase by 3.2% last year. The firm’s gross revenue increased...
Tags: Law, Ontario, Richard Susskind, New Corporation, Justice Delayed Justice Denied, Practice Of Law, Noel Semple, Future of Law, Shook Hardy Bacon, Dylan Jackson, As Trials Stalled, Ontario tribunals, Tribunals Across


Is It Time to Regulate Collaborative Practice?

Collaborative practice is a dispute resolution process that is primarily used in family law, and it is currently unregulated in Canada. The forthcoming amendments to the Divorce Act include collaborative practice as a “family dispute resolution process” that a lawyer ought to “encourage” her client to consider, where “appropriate”. This suggests to me that a process that has for the last 30 years has been largely community-based, has finally come into its own – into the federal scope of the Divo...
Tags: Minnesota, Law, California, US, Toronto, Canada, New Brunswick, Court of appeal, Department Of Justice, Alberta, Legal Ethics, Ucla, Cpc, Cfl, Ontario, Webb


Meaningful Access to Justice: What Is the Role for Tribunals and Adjudicators?

A review of “The Justice Crisis: The Cost and Value of Accessing Law”, Edited by Trevor C.W. Farrow and Lesley A. Jacobs (UBC Press, 2020) This recent book arises out of the research done by members of the Costs of Justice research project with a focus on the cost and affordability of justice in the civil and family law areas. The two main research questions in this project are: what is the cost of delivering an effective civil justice system; and, what are the economic and social costs of faili...
Tags: Law, Ontario, Jacobs, UBC, Farrow, McHale, Dispute Resolution, Noel Semple, David Wiseman, Trevor C W Farrow, Costs of Justice, Jerry McHale, Lesley A Jacobs


Thursday Thinkpiece: The Justice Crisis–The Cost and Value of Accessing Law

Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form. The Justice Crisis: The Cost and Value of Accessing Law Editors: Trevor C.W. Farrow & Lesley A. Jacobs ISBN: 9780774863575 Publisher: UBC Press Page Count: 368 Publication Date: September 1, 2020 Regular P...
Tags: Justice, Supreme Court, Law, Australia, Court, First Nations, Canada, United States, United Kingdom, Un, OECD, Yemen, Quebec, Ontario, Productivity Commission, United Nations UN


Reporting Sexual Harassment: A New Professional Duty for Lawyers?

Sexual harassment in the legal profession is a serious problem. Anecdotal accounts abound, and empirical data reveals sexual harassment among lawyers to be a significant issue.[1] While the experiences of those subjected to sexual harassment are diverse, there is no doubt that, collectively, the impact on the wellbeing and careers of victims is profound.[2] Professional conduct rules explicitly prohibiting sexual harassment have been in place for roughly 30 years. The enforcement of these rules ...
Tags: Law, Canada, New Zealand, Nova Scotia, British Columbia, Legal Ethics, Craig, Columbia, Downie, Semple, Noel Semple, Alice Woolley, Elaine Craig, Erin Cowling, Shawna Sparrow, New Zealand Working Group


What Is Non-Adversarial Advocacy?

There is no provision in the that specifically regulates non-adversarial advocacy. The Code has an Advocacy section (R 5.1) and it distinguishes advocacy in an adversarial process, but it does not have a corresponding section for advocacy in a non-adversarial process. There is no universal definition of non-adversarial advocacy. In 2016, I conducted empirical research on advocacy in the family law context, and drawing from that I argued that the Code needs to be updated to include non-adversar...
Tags: Law, Fidelity, Princeton University Press, Princeton, Aba, Legal Ethics, Fisher, London UK, UBC, R, Macfarlane, Dispute Resolution, Noel Semple, William Ury, Ury, Julie Macfarlane


Slaw and CanLII Release New Ebooks

I’m very pleased to announce that Slaw has partnered with the fine folks at CanLII to produce a series of ebooks of selected content from Slaw.ca. As a publisher with CanLII’s Authors Program, a number of Slaw’s columnists and bloggers have worked with CanLII directly to create highlighted collections of their finest writing on a single interest or issue. The following list shows our initial set of participants, along with a link to their Slaw author profile page (so you can see their entire lis...
Tags: Justice, Law, Announcements, Ian MacKenzie, Adam Dodek, Patricia Hughes, John Gregory, Noel Semple, Slaw, Kari D Boyle, Amy Salyzyn, Sarah Sutherland, Matt Maurer, Cameron Hutchison, CanLII 's Authors Program


Book Review: Family Law Litigation Handbook (Ontario), 2nd Ed.

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law. Family Law Litigation Handbook (Ontario). By Gary S Joseph. Toronto: Thomson Reuters, 2017. 280 p. ISBN 978-0-7798-8011-9 (softcover) $119.00. Reviewed by Joanna Kozakiewicz Manager, Library Reference S...
Tags: Law, Book Reviews, Thomson Reuters, Ontario, Joseph, Goldberg, Noel Semple, Canadian Law Library Review, Canadian Association of Law Libraries, Legal Aid Ontario LAO, Gary S Joseph Toronto, Joanna Kozakiewicz, Family Law Litigation Handbook Ontario, Dan L Goldberg, Office of the Children 's Lawyer


At Whose Expense? the Intolerable Human Cost of Articling

We know that there is significant discrimination and abuse in articling. We’ve heard the stories and we have the stats too. To cite just a small amount of recent information we have in Ontario: Over 100 articling students responding to a 2017 Law Society reported unwelcome comments or conduct related to personal characteristics (age, ancestry, colour, race, citizenship, ethnic origin, place of origin, creed, disability, family status, marital status, gender identity, gender expression, sex an...
Tags: Law, Canada, NCA, Legal Ethics, Ontario, Law Society, LSO, Adam Dodek, DHC, Noel Semple, Malcolm Mercer, Daniel Fish, Paul Saguil


Challenging Technology’s Ability to Produce Reliable Evidence

Access to Justice (A2J): for our work as lawyers, we don’t know enough about the technology that produces much of the evidence we have to deal with. So how to be educated affordably? This is an outline of three articles that I have recently posted on the SSRN. (Click on each of the three hyperlinked headings below to download a pdf. copy of each.) 1. Technology, Evidence, and its Procedural Rules (SSRN, October 1, 2018, pdf., 64 pages) The rules of procedure that govern proceedings concerning di...
Tags: Justice, Law, Toronto, Canada, Ontario, Supreme Court of Canada, Chaplin, Supra, R, SCC, O'Connor, Oland, McNeil, Stinchcomb, University of Windsor, John Gregory


A Simple Measurement of Client Value

If you’ve been grappling with the practical, real-world meaning of “value” in legal services delivery — and many of us have been — then I want to start this post by recommending a recently released paper from Prof. Noel Semple of the University of Windsor Faculty of Law. “Measuring Legal Service Value” is available for download at SSRN. A lengthy except is available here at Slaw (Part 1 and Part 2), and it is worth your time and consideration. The core of Noel’s article, although by no means the...
Tags: Law, Noël, Practice Of Law, Noel Semple, University of Windsor Faculty


Access to Justice: “We Have Seen the Enemy and He Is Us”

Lawyers remain the passive victims of the benchers[1] that we ourselves elected to be the law societies’ managers, instead of demanding that they get busy solving the problem of unaffordable legal services (“the problem”). The benchers are to regulate the legal profession so as to, “maintain and advance the cause of justice and the rule of law,” and, “facilitate access to justice,” and, “to protect the public interest,” being, for example, among the express duties of LSUC (the Law Society of Upp...
Tags: Justice, Law, Toronto, Canada, Ontario, Law Society, R, Ryerson University, Jordan Furlong, Lao, Practice Of Law, Canadian Bar Association, Law Society of Upper Canada, Noel Semple, LSUC, Boulanger


Contingent Fees, Portfolio Risk and Competition – Calls for Reform

In theory, contingent fee pricing is an elegant way of providing access to justice at a fair and reasonable price. In this column, I try to look at both theory and practice and also at prospects for reform. Time and materials Let’s start with a different approach to pricing. Legal work can be done on a “time and materials” basis (to use language from another industry), on a fixed fee basis or on a contingent fee basis. These different approaches shift risk between suppliers and consumers of lega...
Tags: Law, Time, Court of appeal, Legal Ethics, Noël, Noel Semple, Evans Sweeny Bordin LLP, Zawadzki, Henricks Hunter, 814888 Ontario Inc, Court of Appeal in Henricks Hunter, Raphael Partners


No Longer Is It Possible to Be Both a Good Lawyer and a Good Bencher

The longstanding massive damage and misery being caused by the unaffordable legal services problem (the “accesses to justice” (A2J) problem) compels this conclusion: the problems of law societies are now such that they need an agency that performs a civil service function—one to serve all of Canada’s law societies. The A2J problem has victimized the majority of society for years. It shows that: (1) law societies are the “lynch pin” of the justice system—when they fail, it fails; and that, (2) la...
Tags: Justice, Law, Toronto, Canada, Ottawa, Ontario, University of Ottawa, Ryerson, Oxford University Press, R, LegalZoom, Ryerson University, Lavigne, Practice Of Law, LAO LAW, Upper Canada


Transparency Can Be Tricky: Questions About Solving the Lawyer Quality Information Gap

In a recent Slaw blog, Malcolm Mercer thoughtfully explores how information asymmetry between legal service providers and consumers may impact access to justice. He suggests that creative solutions are necessary in order to provide the public with better information about the quality of lawyers and the legal services that they provide. Mercer makes a good point: if the public feels that it can’t accurately assess the quality of legal services, there is a risk that people won’t retain lawyers or,...
Tags: England, Law, Wales, Canada, United States, Legal Ethics, Law Society, Mercer, Semple, Law Society of Upper Canada, Noel Semple, Solicitors Regulation Authority, Knake, Engstrom


Technology, the Fiduciary Duty, and the Unaffordable Legal Services Problem

The concept of a legal profession should have a strong social welfare aspect to it such that its distant goal is to make a community’s legal health as important to it as its medical health, and its lawyers as important to it as its doctors. Technology can do that. Unfortunately it is becoming a more distant and unattainable goal because our law societies are moving us in the wrong direction. All efforts are aimed at helping the population learn to live with the problem of unaffordable legal se...
Tags: Justice, Law, Youtube, Wikipedia, Toronto, Netflix, Canada, Airbnb, North America, Ontario, Financial Post, Jordan Furlong, Dan Pinnington, Practice Of Law, Noel Semple, LSUC


Access to Justice and Market Failure

Lemonish Lawyers? [ 1] The problem of access to justice is likely the result of a number of causes. Unnecessary complexity in substantive and procedural law is likely part of the problem. Our adversarial court-based administration of justice is problematic both where powerful actors have disputes with ordinary people and where family disputes require resolution. Ease of access to information through the internet may be both part of the solution and part of the problem. Market regulation an...
Tags: Law, Ebay, Bolton, Bishop, Legal Ethics, Ontario, Sullivan, Said, Law Society of Upper Canada, Noel Semple, George Akerlof, Akerlof


In Defence of the Law Practice Program

The Law Society of Upper Canada’s Professional Development and Competence Committee has released a report that recommends ending the Law Practice Program (LPP), an alternative pathway to licensing lawyers in Ontario, only two years into its pilot project term. The governing Benchers of the law society will vote on the committee’s recommendation on Nov. 9. Here are news articles about the situation from , The Lawyers Weekly, Law Times, and CBA National magazine. The committee’s recommendation is...
Tags: Law, Committee, Education & Training, Ontario, Rbc, Amanda, University of Ottawa, NDA, Lawyers Weekly, Bureau of Competition, Noel Semple, CBA National


Access to Justice: After the Machines Take Over

“The traditional professions will be dismantled, leaving most (but not all) professionals to be replaced by less expert people and high-performing systems.” This is the central message of The Future of Professions, a new book from Richard and Daniel Susskind. Machines, they argue, will take over much professional work. Even when the machines cannot do so alone, the Susskinds expect that they will allow laypeople, paraprofessionals, and the clients themselves do the necessary work. One way or the...
Tags: Richard, Richard Susskind, LegalZoom, Justice Issues, Daniel Susskind Machines, Noel Semple, Forum on Civil Justice