Law Times

PAGE 4 NEWS November 1, 2010 • Law Times Civil Legal Needs Project enters final phase Law society considers response to Ontarians seeking limited retainers BY TIM NAUMETZ For Law Times OTTAWA — A project that found that one in seven low- and middle-income Ontarians with a civil legal problem in the past three years didn't fol- low through on it because of cost is entering a crucial fi nal phase this fall. Th e Ontario Civil Legal Needs Project is now starting to map the kinds of services that could benefi t low- and middle- income households looking for civil legal assistance, along with where they're required and who needs them, Law Society of Upper Canada Treasurer Lau- rie Pawlitza tells Law Times. Th e project that began in 2008 resulted in a report last May on a sweeping survey of 2,000 households that drew a surprising picture of how low- and middle-income Ontarians view access to lawyers and legal EARLY BIRD SPECIAL prices as low as $ based on standing order of 100 copies or more 55 With more than 1,400 pages of essential legal references, Ontario Lawyer's Phone Book is your best connection to legal services in Ontario. Subscribers can depend on the credibility, accuracy and currency of this directory year after year. 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This special offer expires December 1, 2010 Ontario Lawyer's Phone Book Considered the industry standard for more than 40 years Perfectbound • December 2010 • P/C 0514140999 • ISSN 0845-4825 Multiple copy discounts: 1-5....$63 • 6-49....$59 • 50-99....$57 • 100 or more....$55 (Please add 13% HST) For a 30-day, no-risk evaluation call: 1.800.565.6967 For a 30-day, no-risk evaluation call: 1 800 263 2037 or 1 800 263 3269 www.canadalawbook.ca Canada Law Book, a Thomson Reuters business • Prices subject to change without notice, to applicable taxes and shipping & handling. www.lawtimesnews.com LT - 1-2pg 4X.indd 1 10/28/10 12:06:33 PM HA1010 assistance and the ways in which they settle civil legal problems. "Overall, roughly one in seven Ontarians who had ex- perienced a civil legal problem in the past three years recog- nized that they needed legal assistance but did not seek any," the report noted. "With- in this group, those with the lowest incomes, people living in central Ontario and the outer GTA, women, members of equality-seeking communi- ties, and those who had re- ceived income assistance in the past three years had not sought legal assistance. For most of the people in this category, the admitted bar- rier was the perceived high cost of a lawyer." Th e detailed survey, con- ducted for the project by the Environics Research Group, found that although most low- and middle-income Ontarians those were satisfi ed with the help they received, the per- ception of how the law works might not match reality. "Incidents of injustice that are not redressed may lead to a loss of public confi dence in the justice system," the report said. "One of the most striking fi ndings of this project's assess- ment of civil legal needs is that almost 80 per cent of Ontar- ians believe the legal system works better for the rich than for the poor. In a society com- mitted to the rule of law and the principles of equality and fairness, this perception risks eroding public confi dence in the justice system." Th e survey, which is avail- Clients 'are interested in controlling their own destiny, if you will,' says Laurie Pawlitza. resolved their legal problems with the assistance of a lawyer and that a "strong majority" of able on the LSUC's web site, confi rms common wisdom that the poorer people are, the greater diffi culty they have in obtaining civil le- gal help. Th e dependence on legal aid in criminal law and the strain it has put on govern- ment funding were already well known. As part of its study, the proj- ect focused in one part on On- tario households with an annual income of less than $20,000. Sixty-two per cent of the people in that bracket were women, compared to the 55 per cent of women in the entire sample of households with incomes below $75,000. People in the poorest bracket were more likely to be single, divorced or widowed; to be members of a minority or have a disability; and to be unemployed or re- ceiving income assistance. Although members of the low-income bracket tended to have more contact with the le- gal system, 25 per cent of them didn't seek legal assistance when they needed it. Out of the overall sample, the researchers were surprised at the number of people, 34 per cent, who said they'd prefer to resolve a legal problem themselves with some legal advice. To address that issue, the LSUC is also re- vamping its regulations to ensure that when prospective clients, either through fi nancial need or desire, wish to handle part of the legal work themselves, the lawyers or paralegals they retain to help them understand their professional obligations. "Th ey are interested in con- trolling their own destiny, if you will," Pawlitza says. "So the ability for them to retain advice and have that limited retainer go smoothly certainly is in the public's interest, and any guid- ance that we can give to our lawyers and paralegals as to how to make it go smoothly is obvi- ously in everyone's interest. We want to ensure that people aren't helped to a lower threshold, if you will, of professional con- duct. Th at's our aim. We want to make sure that everyone is helped to the same threshold in terms of what the professional conduct expectations are." Pawlitza cites clarity over re- tainers as one example. "What are the expectations around the re- tainer and, being clear about your retainer, when does your retainer end and how would we make sure that both the client and the lawyer or paralegal knows, when the retainer ends, how ought that to be communicated?" In Ottawa, Ian Stauff er, a past president of the County of Carleton Law Association who sits part time as a Small Claims Court judge, predicts the On- tario government's decision to increase the small claims limit to $25,000 will boost the number and complexity of claims there. "Th ere will be longer cases for sure," he says, noting that more small claims litigants will retain lawyers. "Th e attorney general says there will be no impact, but I expect there will be lots more lawyers because it's now worth having a lawyer come to court to fi ght over $25,000." LT

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