Law Times

Law Times • June 4, 2012 Majority of bar opposed to big changes to articling: report NEWS M BY KENDYL SEBESTA Law Times ore articling task force consultations strongly opposed major changes to articling despite roughly one in seven law students being un- able to find articling positions by 2013, an interim report on the issue indicates. "We do appreciate the diffi- those involved in the Law Society of Upper Canada' than half of s culty of some law students who are unable to find articling po- sitions but at the same time we want gradual changes that will maintain what the vast majority of what our members think is a very valuable step to becoming a lawyer, Ottawa director of the Crimi- nal Lawyers' Association, which made suggestions during the law society' " says Michael Davies, way produced the interim report during Convocation on May 24. As part of the report, the task force consulted with members of the province' Task force chairman Tom Con- s consultation process. this year. They discussed articling as it currently stands as well as four additional training options. The options include maintain- s legal community earlier an articling position by 2013. Hispanic Ontario Lawyers Association member Guillermo Schible, who participated in the law society' age has been created by increased enrolment by Ontario law schools and increased . . . foreign-trained lawyer candidates over the last few years," he says. "The market has absorbed most of these additional articling candidates. It has become clear that the market cannot con- tinue doing so. "The articling placement short- s law schools. defence lawyer in Toronto, says although there are problems with articling, it would be a "terrible idea" to get rid of it entirely. Instead, he points to the issue of articling costs. "I was disappointed to see But Paul Calarco, a criminal significant " that the report didn't come to terms with the costs that are as- sociated with hiring an articling student," says Calarco, who says the problem likely stems from Ontario' s consultation process, notes many small firms and sole practitioners can't afford to pay articling students. Calarco calls the idea that law students should article for free "re- pulsive" and says it won't solve the problem anyway. "We can't assume that all law students are supported by well- heeled parents," says Calarco. "If we can charge lawyers premi- ums to get certain organizations out of debt, why can't we do that for articling students?" According to the report, some to the task of the suggestions the vine in smaller areas," says McChesney. "Articling students have become too expensive. We have to compete with the interna- tional firms and the larger firms in metropolitan areas." McChesney also suggests that force included lobbying Legal Aid Ontario to develop financial incentives for lawyers to hire arti- cling students; working with law schools to decrease the number of students they accept; and match- ing services for positions. "What I came away with aſter The idea that law students should article for free is 'repulsive,' says Paul Calarco. Michael Johnston. Johnston notes some of CDLPA's suggestions to the task reading the report was the con- clusion that the law society has a very large challenge ahead of it," says County & District Law Presidents' Association chairman limiting the amount lawyers can pay an articling student may help keep small and large firms on an even playing field. For his part, Schible says the report's suggestion of a practical remote areas will continue to face significant difficulties without changes to articling. "Our profession is dying on PAGE 3 force included a break in fees for lawyers in remote areas to allow them to hire more law students and a new class of licence. McChesney echoes Johnston' suggestions. He notes many small firms and lawyers who practise in s legal training course presents a challenge as well. "Although [prac- tical legal training courses] may address the articling placement shortage, they do not address discrimination-related concerns. . . . If people with blue skin cannot find articling positions because of discrimination, one answer is to allow people with blue skin to pay $10,000 for a course. We can and must do better than that." LT ing articling as it currently stands; replacing a pre-licensing transi- tion requirement with a post- licensing one; and abolishing arti- cling in favour of a practical legal training course. Other options in- volved maintaining the status quo with quality-assurance improve- ments and a choice of either an articling placement or a practical legal training course taken aſter or during law school. The task force' port found that of the 125 public submissions it gathered between December and March, a small minority of practitioners, legal organizations, and law students were in favour of changing ar- ticling substantively. The report notes almost none were in favour of abolishing articling. Of those who wanted substan- s interim re- tive changes to articling, the ma- jority were from equity-seeking groups who felt law students from racialized and minority communities have faced signifi- cantly more barriers during the articling shortage. " portant to ensuring competency among lawyers," says Donald McChesney, a lawyer in Newmar- ket, Ont., who participated in the law society' Articling is frightfully im- is totally missing the boat here. There' who has more experience is more expensive. They know how to do what actually needs to be done. The task force reported a "In my opinion, the law society s a good reason why a lawyer s consultation process. " three-percentage-point increase in Ontario' during Convocation proceed- ings on April 26. According to the update, roughly one in seven law students will be unable to find s articling shortage Perfectbound • June 2012 One time purchase $37.50 L88804-586 On subscription $37.50 L88804-586 Multiple copy discounts available Prices subject to change without notice, to applicable taxes and shipping & handling. CANADIAN LAW LIST www.lawtimesnews.com Atlantic -1-2 pg. - 4X.indd 1 5/31/12 9:39 AM ATLANTIC LEGAL TELEPHONE DIRECTORY 2012-2013 CONNECT TO ATLANTIC CANADA'S LEGAL NETWORK Get names, mailing addresses, e-mail addresses and phone numbers for lawyers and law offices in all four Atlantic prov- inces. 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