Law Times

Law Times • February 13, 2012 NEWS PAGE 3 David Scott warns of profession's global warming equal BY JULIUS MELNITZER For Law Times A s far as David Scott is concerned, access to jus- tice is the legal profes- sion's equivalent of global warming. The issue was the subject of the William Howard memorial lecture that Scott, co-chairman of Borden Ladner Gervais LLP and counsel with the firm's Ottawa office, delivered at the University of Calgary on Thursday. It's not a new subject for him. Just about anyone who knows him is familiar with his commitment to the rela- tionship between pro bono legal services and access to justice. "It's definitely my hobby horse," Scott tells Law Times. "My focus will be on the plight of low- and middle-income Canadians; the challenges they face in securing access to justice in an increasingly complex society, including the high cost of legal services; and the response of the organized bar in facilitating that access." Scott, in an interview in advance of the lecture, is careful to add that despite these problems, there are many lawyers practis- ing alone or at smaller firms who are committed to accessibility at a modest cost. "As it turns out, there is a signif- icant body of professionals dedi- cating themselves to ameliorating the situation," he says. Nevertheless, the fact remains that the Internet has empowered the public to the extent that law- yers and the law don't intimidate individuals as much as they did in the past. The result is that many people have developed a do-it- yourself attitude that has resulted in more self-representation in the courts. "You can't stop it because self-representation is a right," says Scott. "On the other hand, most individuals who act for themselves have an unwar- ranted overconfidence that can and has created chaos in many courtrooms." The profession, Scott argues, needs to confront this situation and has begun to do so by making changes in the procedural rules that allow, for example, for the unbundling of legal services. "This means that a party can engage me for a summary judg- ment motion, pay me, and then I go home until the client needs me again," says Scott. "In a per- fect world, they would engage me to do the trial if it comes to that." As Scott sees it, clients can bear the burden of many proce- dural and practical steps such as assembling documents. "There are lawyers in the United States who are making a living out of limited-service representation," simple, of course. "You'd need a whole lot of pro bono commit- ment," says Scott. "Limited ser- vice works whether you have some money or no money, except that if you have no money, you have to find some- one offering even the limited service pro bono." In Scott's view, Ontario law- yers are doing a "damn good job" of offering pro bono ser- vices across the province. The difficulty is the lack of co-ordi- nation among the various pro bono programs. "It's not easy to find pro bono 'It's not easy to find help,' says David Scott. he says. "And if this became part of our culture, lawyers would con- tinue to represent the bulk of soci- ety and our courts would not be in danger of falling into complete disarray." But the solution isn't that help," he notes. "I suppose you could go to various firms but then you'd have to get past the receptionists." Scott points to the approach of Law Help Ontario, an award- winning service operated by Pro Bono Law Ontario, as a start- ing point for solving the problem. Law Help Ontario operates self-help centres in Toronto and Ottawa for low-income self-rep- resented litigants appearing in the Superior Court and the Small Claims Court. Lawyers at Law Help Ontario centres provide free assistance for non-criminal and non-family civil law matters. "The [Law Help Ontario] offic- es have space designed for self- represented litigants who must pass an economic screen," says Scott. "Qualified individuals have access to the Internet, to relevant forms, and to the assistance of pro bono duty counsel who are there seven hours a day, five days a week." Each office also has a roster of lawyers available for limited- service representation. Scott would like to see an expansion of Law Help Ontario to all major centres in Ontario at offices equipped with useful tech- nology, an appropriately trained technical staff, and lawyers who would come from the private law firms. "Apart from the lawyers, tech- nology is at the root of success of this concept," he says. LT www.ERASSURE.com "I believe executor insurance should now be recommended for every estate. It's smart security for both executor and the lawyer." Ian M. Hull Hull & Hull LLP The new best practice in estate law Protect yourself by protecting your clients with ERASSURE Executor Insurance. The legal climate is changing in Canada, putting your executor clients at increased risk of being sued. As an estate lawyer, you consequently face greater risk as well in two main ways: 1. If the executor does not have adequate resources or insurance to cover their liability, you and your professional E&O coverage could be the next target for a claim from the beneficiaries. 2. If you have failed to communicate to your executor clients about their personal liability and the availability of executor insurance, they could sue you if they have an uninsured claim for damages. Put ERASSURE® between your client and your professional E&O coverage – on every estate. Call 1-855-636-3777 to book a 10-minute orientation about implementing this best practice today. ERASSURE is the exclusive Preferred Supplier of executor insurance for Canadian Bar Association members. ERASSURE® is a registered trademark of Estate Risk Protection Plan Inc. Untitled-1 1 www.lawtimesnews.com 12-02-07 9:38 AM pr o bono

• Cover