Law Times

PAGE 2 NEWS December 1, 2008 • Law Times Lawyers and courts 'here to serve the public' Continued from page 1 around the world, the legal system in Ontario is at the pinnacle. If I were marketing a business in On- tario . . . I'd be saying, 'We've got a legal system that is second to none in the world.'" benefit from operating in a ju- risdiction where contracts are properly enforced and patents are protected, for example. Winkler, who became the And he says businesses can "Some lawyers at that time kept dockets and kept track of their time, and some didn't," he says. "What people basically did in those times is they charged what the service was worth, and what the client could pay. They didn't determine how much work went into the file based solely on what could get paid." Winkler says that when he was province's top judge in June 2007 after 14 years as a Supe- rior Court judge, says one of his main goals for his tenure is to make the justice system more affordable for the middle class. He notes that the courts in- timidate many people, and he a young lawyer, he did the amount of work required to make sure he didn't let the judge down, wanted to help his client, and didn't want to embarrass himself. That some- times meant doing more work than he got paid for. "That was the luck of the draw," he says. Lawyers at the firms he prac- tised at also brought young law- has to change to prevent that from happening here, he says. One principle that must be re-established is "proportional- ity," says Winkler. "It's got to do with time and cost," he says. The average case involves a single document, such as a lease, mortgage document, contract, or agreement of purchase, he says. A few other materials, such as letters or e-mails, must be required to round out the case, notes Winkler. "Now, do we really need a complicated legal system, with all the cost that that entails, to liti- gate those issues?" he asks. "I say no. That's what I call the cultural change that we have to take and the profession has to take. It's difficult for the public, because they're not sure which court they go to . . . . And all this costs them money and time and frustration when they're already emotionally stressed out. would like to see a system that's more comprehensible. Making the system easier for lawyers to navigate also will help make legal services more af- fordable, says Winkler, as fewer hours spent on a matter means smaller bills for clients. "My view of the justice system is that the courts aren't here to serve the lawyers and the lawyers aren't here to serve the courts," says Winkler. "Both the lawyers and the courts are here to serve the public. I see it as a public service that we do, and we must always keep that at the forefront of our minds." Winkler says changes in the culture of the legal profession — specifically by lawyers in big cities — has had a major impact on the justice system. The top judge, who was called to the bar in 1965, re- calls the "value-based billing" used when he entered the profession. yers to court for mentorship, but didn't charge clients, says Winkler. "That's what part of the culture was. We trained people, that was part of our cost. But in the end it paid off for us, because . . . we trained our future partners, and it was part of what we'd put back into the profession. Other people had done that for us, and it was called 'putting back.'" But as overhead costs have risen over the years, says Winkler, lawyers in big cities have created "business-oriented practices," in which time is docketed, and most clients are institutions. This new culture, says Winkler, has become an access to justice is- sue, noting that lawyers' fees in some jurisdictions — he cites the U.K. as an example — have risen to the level that many businesses won't conduct deals there anymore. The culture in Ontario's big cities Ontario Pension to where we came from, where you sit down and take a look at that sort of case, you explain it to the client, you give the client a budget, and you say, 'Look, we can litigate this case, but I've got to keep the costs under control. So here' "The profession has to get back appetite" in the profession for the type of change he's advocat- ing. "It's reminding lawyers of something they've known all along. This has got to do with professionalism." Winkler says the access to jus- tice issue is hard to quantify, as it's really about the number of people who didn't get to see a lawyer on a particular day. He says solving the problem will be good for the business of law, as lawyers will get to see more clients, but will have to spend less time and charge less to each one. Winkler says he's travelled in the province. But while he can continue to speak out for the need to bring the family court, which is currently split between the Ontario Court of Justice and Superior Court, under one um- brella, both the provincial and federal governments will have to get together to make that happen. "It's difficult for the public, be- what I'm going to do for you.'" Winkler says this culture change needs to be taught to younger lawyers — and reiter- ated to experienced ones — at continuing legal education semi- nars offered by the Law Society of Upper Canada, The Advocates' Society, the Ontario Bar Associa- tion, and other organizations. "I think we're going to get back to that, and I don't think it's a bad thing for the profession," he says, adding that it was all about "pride in your work, duty to your client, duty to the court." Winkler says, "There's an s the case and here's Reduce your research time with these useful features: Legislation 2008-2009 Consulting Editor: Susan Seller • Tables of Contents for each Act • In-depth Subject Index • Legislative history for each provision • Tabs to help you locate exactly what you need across the province to meet mem- bers of the legal community in his first year and a half as Ontario's top judge. That's been part of an effort to meet the needs of the system be- yond the Toronto area, he says. "I'm making a conscious effort to get out there and to meet the bench and bar, and to listen to what they say and tell them what we're doing," says Winkler, who also has travelled throughout Canada and the U.S. to speak to law students. There are two important "com- mon themes" he has heard during his recent travels throughout the province, says Winkler. The first is a call from lawyers to increase mediation as a method of saving costs for clients and speeding mat- ters, while giving clients a better opportunity to have a say in the resolution of their issues. for more specialized mediators and adjudicators. Winkler says the province's current batch of judges is up to that challenge, as they have specialized knowledge in family law, criminal law, and civil justice. "Those are the two things that I hear the bar asking for, and the bar really reflecting, I think, what their clients are telling them," he says. Winkler says he will continue to lobby for a unified family court Linked to that, he says, is a call cause they're not sure which court they go to," he says. "And all this costs them money and time and frustration when they're already emotionally stressed out." Winkler acknowledges that the unification of family court is a com- plex issue that has been pondered for many years, "But I think we have to deal with that issue, because it' the public interest to do that." In terms of the current judi- cial complement, Winkler said he wouldn't suggest the province isn't in need of more judges. But he said the greatest need is in areas with growing populations, such as Newmarket and Brampton. The continuing expansion of family law also has created a need for more judges in those courts, he says. Winkler says a new, consolidat- s in ed courthouse in Toronto is atop his financial wish list. He says the criminal system in the city needs to have more courtrooms to meet de- mands placed on it by the volume of cases and security requirements. "The number one need in To- ronto is for courtroom facilities," he says. "I think there needs to be a court facility in Toronto with up-to-date, current facilities with an emphasis on criminal and family law. One big court." Winkler says he has talked to Attorney General Chris Bentley about the need for a new court in Toronto. "It's a dollar-and-cents issue," he says. "It's a huge cost. They're working on this . . . and I'm sure they're trying to figure out how to address it." LT If you're responsible in any way for pension law issues and governance, keeping up with the legislation isn't just an option, it's a must to ensure you're working in compliance with the current laws. Ontario Pension Legislation consolidates all of the important legislation you need in one handy resource. Inside find the: • Pension Benefits Act, R.S.O. 1990, c. P.8 • Public Service Pension Act, R.S.O. 1990, c. P.48 • Teachers' Pension Act, R.S.O. 1990, c. T.1 • Ontario Public Service Employees' Union Pension Act, 1994, S.O. 1994, c. 17 • selected regulations • applicable sections from the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) Also included are: • selected Canada Revenue Agency forms, newsletters, guides and interpretation bulletins • selected Financial Services Commission of Ontario forms • selected Canadian Association of Pension Supervisory Authorities guidelines Reliable, portable and up to date, it's all you need at your fingertips! Standing order $79 • P/C 0151140000 • Current edition $89 • P/C 0151010000 ISSN 1718-2743 Perfectbound • 604 pp. • December 2008 For a 30-day, no-risk evaluation call: 1 800 263 2037 or 1 800 263 3269 www.canadalawbook.ca Canada Law Book is A Division of The Cartwright Group Ltd. • Free Shipping on pre-paid orders. Prices subject to change without notice, and to applicable taxes. www.lawtimesnews.com Ont Pension Legislation (LT 1-4x3).indd 1 11/26/08 2:48:37 PM LT1201 Osgoode law classes set to resume S BY JEFFREY H. WAUGH Law Times slated to resume this morning in the law faculty, even if the strike is not resolved. As of press time, members of CUPE Local 3903 were still off the job, but talks were scheduled to be held late last week in a bid to end the nearly four week walkout. The university senate approved the plan put forward by Dean tudents at Osgoode Hall Law School are set to crack the books again today — strike or no strike. York University announced last week that classes are Patrick Monahan to get the law students back to classes, univer- sity spokesman Alex Bilyk confirmed to Law Times. Bilyk was unable to provide firm details on how the missed classes will be accounted for, but said there will likely be adjustments made to scheduling of the exam period. "As I would understand it, they're probably going to have classes now until December, and then in January they will prob- ably have their exams," says Bilyk. According to a news release issued by the university, the law school is in "a unique position as it is governed by external regu- lations set out by the Law Society of Upper Canada and the National Committee on Accreditation." The release also noted that members of the striking local teach "virtually none of the classes" offered at Osgoode. Bilyk says that part of the decision to resume classes for the 890 LLB students revolved around concern over summer and ar- ticling position interviews. "I know that they're aiming to make sure that the students don't suffer from not being able to take their interviews when the interview period happens," says Bilyk, along with meeting additional requirements of the NCA. The decision was also made based on the impact to commu- nity legal clinics by not having students available to assist. Teaching assistants, contract faculty, and graduate assistants walked off the job Nov. 6. LT

• Cover
• Pension Report
• The Dirt
• Focus On The Business Of Law