The premier weekly newspaper for the legal profession in Ontario
Issue link: https://digital.lawtimesnews.com/i/50357
law Times • July 12, 2010 NEWS PAGE 3 LSUC looks to put disciplinary histories on lawyer directory BY MICHAEL McKIERNAN Law Times S ome benchers fear a plan to include old discipline decisions in an enhanced lawyer directory on the Law Society of Upper Canada's web site will unfairly stigmatize some practitioners. A report submitted to Con- vocation for information last month outlined the plan, cur- rently undergoing testing by law society staff, to add practice restrictions and disciplinary his- tories to the basic information accessible immediately to people who search the LSUC's directory of members. That worries Bradley Wright, an Ottawa bencher who fears the possible effect on lawyers, par- ticularly those who made their mistakes in the distant past. "It continues and exacerbates the punishment exponentially," he told Convocation. "There is no way to expiate your sins; there's no way to atone for what you've done; there's no way to put it in the background." Linda Rothstein, chairwom- an of the professional regulation committee, told benchers the enhancements would increase transparency in the profession. "The information that is going to now become more accessible is already available; it's just hard- er to access," she said. "This is part of what a modern regulator The new entry would indi- cate whether the lawyer has any current restrictions or a disci- pline history while inviting us- ers to click on a link for more details. At that point, they'll find a list of restrictions and any historical proceedings against the lawyer along with a synopsis of the panel's findings and or- ders. A further link would take people to the CanLII web site, where they can find reasons for some decisions. The change is part of a long- There has always been uneven treatment for lawyers whose indiscretions become public, says Ross Murray. must do to continue to obtain the public trust, to continue to not only ensure that justice is done but is seen to be done." But Wright believes the pro- posed system goes beyond the law society's obligations. "We do have transparency," he said. "We have had it for years where, if you want to find out, you can find out. Beaming it into every living room in Ontario is a whole different ball game." Currently, the public can only see lawyers' current status with the law society in the on- line directory, as well as their name and contact information. If people want details on prac- tice restrictions, members of the public must contact the law so- ciety to find out what they are. running project to build a da- tabase of disciplinary decisions. Since 2006, the law society has been converting proceedings against lawyers from paper files into electronic format. In the past four years, 3,400 cases dat- ing as far back as 1986 have gone into the database. Before then, all hearings took place in camera. Bencher Gary Gottlieb sug- gested a model based on the system for handling criminal records could solve some of the problems by limiting the length of time certain misconduct find- ings remain on the public record. "Would Ms. Rothstein consider having the committee itself consider whether, after a cer- tain number of years, a member with a discipline history should be able to apply for something akin to a pardon?" he asked. But Ross Murray, a member Convocation's of professional regulation committee, tells Law Times there has always been uneven treatment for lawyers whose indiscretions become public. "If there's a finding of professional misconduct for a lawyer in a smaller community, it's the sort of thing that turns up on the front page of the local newspaper, whereas if the lawyer is practising in Toronto or Ot- tawa or one of the bigger cities, it probably wouldn't even make it to the newspaper," he says. Even offences at the lower end of the professional miscon- duct scale can generate a lot of publicity in small towns, Mur- ray notes, adding he wants to study the enhanced directory in more detail before coming to a conclusion about how to strike the right balance. "The public is entitled to know these things, and that's why this information is given out," he says. "I know the consequences for the lawyer and I know the consequences for the public." For Wright, the proposed model risks overcompensat- ing for the perceived current lack of transparency. "I think this is a pendulum of human nature where, if we don't have enough of one, we go past the midpoint too much, and then it will take another generation to come back to a proper bal- ance," he said. A six-month testing period on the new system began in June in order to assess the ex- panded directory's format and content. The matter will come back for a decision at Convoca- tion later in the year. LT ANNOUNCEMENT Laurie H. Pawlitza elected as Treasurer of the Law Society of Upper Canada Laurie H. Pawlitza has been elected to lead the Law Society of Upper Canada as its 63rd Treasurer. She is the third woman to hold this position. Treasurer Pawlitza succeeded former Treasurer W. A. Derry Millar on June 29, 2010. job opportunity Legal Aid Ontario is committed to promoting access to justice throughout Ontario for low-income individuals by providing consistently high quality legal aid services. Join us and Make a Difference in the provision of Access to Justice Director, Case Management and Litigation Group (CML Group) Legal Aid Ontario (LAO) is seeking a Director of our Case Management and Litigation Group, based in Toronto, who will support LAO's executive management by providing leadership and vision in the strategic integration and development of this critical service resource for LAO's clients. Assignment: Permanent Reports to: Vice-President, Central Programming & Innovation Area of Search: LAO employees and external candidates may apply. Current Status of the Job: New Position Primary Function: The Director of the Case Management and Litigation group will oversee the provision of effi cient and cost- effective services, management and representation for publicly funded cases that are designated as Big Cases or do not fall into the normal certifi cate eligibility stream. Key Accountabilities: • • • • • • • • • • • Complete the integration of the Protocol Case Unit, Big Case Management department, and Major Case Management Offi ce into the new Case Management and Litigation (CML) Group. Provide leadership and vision in the development of strategic and business plans Defi ne and deploy responsibilities of litigators and case managers in the CML Group Recommend governance protocols between LAO's regional services and CML Group for managing large criminal cases Build and maintain relationships with a range of internal and external stakeholders Establish and manage within departmental and program budgets Review budget decisions made by Case Managers to ensure alignment with LAO policy Assign and oversee litigators where LAO is providing direct legal representation to clients Ensure provision of services, including representation, in French and English Direct and advise the managers and staff of the CML Group. Report to and advise LAO's executive management on all activities and plans of the CML Group. Required Skills & Experiences: • • • • • • • • • • • Experience in leading or managing change Solid understanding of the justice sector, the needs of low-income Ontarians, and the particular challenges of legal aid service delivery Knowledge of the broad range of legal aid services Proven ability to understand and interpret fi nancial, statistical and performance measurement data Proven experience in managing fi nancial and administrative functions and in directing and developing both professional and administrative staff Demonstrated abilities in innovation and initiative Strong consultation, facilitation, mediation and negotiation skills Analytical and strategic thinking skills Facility in the use of computer software including Word, Excel, Outlook, PowerPoint, PeopleSoft, etc. Profi ciency in French is an asset Membership in the Law Society of Upper Canada is an asset; if applicable, must be member in good standing. Organizational Competencies Expected • • • • Client Focus Personal Motivation and Accountability Problem Solving and Judgement Teamwork and Collaboration Leadership Competencies Expected • • • Leads LAO strategically Manages Resources Responsibly Manages Personal Behaviours and Effectiveness Candidates interested in this opportunity must respond by July 16, 2010. Only applications submitted via email will be accepted. Please forward your resume to job.competitions@lao.on.ca And you must quote the following competition number in the subject line: LAO-124-10 Only those candidates selected for an interview will be notifi ed. LegalAid_LT_July_10.indd 1 www.lawtimesnews.com 7/6/10 12:27:11 PM awSociety_July12_10.indd 1 7/5/10 3:28:20 PM • Adaptability and Flexibility • Focus on Quality and Best Practice • Organizational Awareness • Demonstrates Decisiveness and Courage • Develops Others A partner at Torkin Manes LLP, Treasurer Pawlitza was first elected as a bencher of the Law Society in 2003 and was re-elected in 2007. She is a committed advocate with extensive knowledge in the area of family law. In 1995, Treasurer Pawlitza was counsel in the first Canadian case that allowed same- sex couples to adopt. She was recently recognized by the Women's Legal Education and Action Fund for her work on the retention of women in private practice. She has held a number of high-profile positions within the Law Society, including co-chair of the Retention of Women in Private Practice Working Group and member of the Licensing and Accreditation Task Force. Most recently, she served as chair of the Professional Development & Competence Committee and vice- chair of the Government & Public Affairs Committee. Treasurer Pawlitza is also very active in the legal community having served on a number of boards, including as director of LAWPRO, and as a member of the Family Law Rules Committee, the Ontario Bar Association's family law executive, and trustee of The Lawyers Club. She has also served as the chair and director of the Casey House Foundation and was actively involved in Metro Central YMCA's Regional Council. The Law Society regulates the lawyers and paralegals of Ontario in the public interest by ensuring that every individual who practises law or provides legal services in Ontario meets standards of learning, professional competence and professional conduct that are appropriate for the legal services provided. The Law Society of Upper Canada Barreau du Haut-Canada Law Society Announcement