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top stories Articling shortage reaches crisis stage Issue provokes vigorous debate over possible solutions BY HEATHER GARDINER T he shortage of articling positions became a full-blown crisis this year with the Law Society of Upper Canada launching yet another task force on the issue. In fact, with more graduates than ever before seeking entry to the bar, the issue is posing a real threat to the profession. According to the law society's statistics, it accepted 1,400 reg- istrants to its licensing program in 2006, a number that grew to 1,750 in 2010. However, in 2011, 12.1 per cent of applicants were unable to get an articling position within their first year of eligibility. That's more than double the number in 2008. It's a problem that has largely affected Ontario. But it could worsen with the University of Ottawa's law school now accept- ing an additional 100 students to its program and a law faculty at Lakehead University in Thunder Bay, Ont., set to open its doors in September 2013. A new law school at Thompson Rivers University in Kamloops, B.C., also opened in September. The influx stems from law schools increasing their enrolment, the development of new law faculties, more international students seeking accreditation in Canada, and law firms refusing to boost the number of articling students they take on to meet the demand. University of Ottawa law professor and former LSUC treasurer Vern Krishna acknowledged the dilemma in an interview with Canadian Lawyer 4Students: "The supply of students seeking entry into the profession is increasing, and the demand for articling stu- dents had not kept pace. So we've got a problem." He mentioned that further complicating the matter is the fact that the majority of articling positions in Ontario are in Toronto and Ottawa. A reason for this could be that some smaller firms are unable to afford articling students. To address the financial hurdle, the law society now allows joint articles where two or more law firms can share the cost of an articling student. But it also depends on where students want to article. "There are some places, like Thunder Bay, which want articling students, but nobody wants to go there," said Krishna. "So it's not only what the firms want, it's what the students want and where they want to live." Stephanie Sugar, presi- dent of the University of Western Ontario's Student Legal Society, conceded that law students might need to "expand our scope a little" and consider articling outside of Ontario's major cities. "I don't know that students necessarily give those other options enough consideration," she said. In an effort to address the crisis, the law society established the articling task force in May to look into other options. A final report is expected by May 2012. For his part, Queen's University Faculty of Law dean William 'I've always been a fan of articling,' says Mayo Moran. Flanagan said it's time for the profession to take a serious look at alternatives. "If we don't, what we're really saying is we're now plac- ing an artificial cap on the number of people who gain admission to the profession. A cap that is really unrelated to anything other than the availability of articling positions, which doesn't really relate to the need for legal services. It's just a question of which firms can afford to hire articling students, and I don't think that's the best way to determine entry to the profession." The question of whether the law society should continue to enforce the articling requirement has created a heated debate within the profession. "I've always been a fan of articling," said University of Toronto Faculty of Law dean Mayo Moran. "It's a very good partnership between the profession and the academy, and I think we do well what we do and then the profession does the initial stage of hands-on practical training. It's been a great partnership that's led to an outstanding legal profession. I would be sorry to throw the baby out with the bathwater because there are problems with it." E.V. Litigation & Financial Services Inc. Elaine G.Vegotsky, CMA, CFE, CFI Assisting you in Litigation & Forensic Accounting, Financial Investigations Suite 900 45 Sheppard Avenue East, Willowdale, Ontario M2N 5W9 EV-Litigation_LT_Splmnt_11.indd 1 10 December 2011 Telephone (416) 930-1370 and/or Fax (905) 731-5812 evlitigation@rogers.com 11-11-25 10:02 AM