Governance gone wrong: examining self-regulation of the legal profession

England and Australia have abandoned self-regulation of the legal profession yet Canadian law societies continue to function on this basis. This article argues that the self-regulatory model on which the Law Society of Ontario (the “LSO”) operates represents an inadequate form of governance in terms of the accountability it yields. When compared to other organizations, including law societies…

The Legal Problems of Everyday Life: The Nature, Extent and Consequences of Justiciable Problems Experienced by Canadians

The purpose of this study is to inform policy makers about the incidence of civil justice problems and the extent of unmet need for assistance that justiciable problems in civil matters might represent. The study assumes a broad view of civil justice problems and unmet need. The broad view looks at the problem of civil…

Legal Services Regulation at the Nova Scotia Barristers’ Society: a progress update

The journey to Legal Services Regulation (LSR) has taken a major step with the November 17, 2017 approval by Council of several regulatory amendments to advance the Society’s initiatives. The result is a model of regulating legal services that is risk focused, proactive, principled and proportionate. Key components of the regime and the impacts on…

The Shifting Frontiers of Law: Access to Justice and Underemployment in the Legal Profession

The article examines two interrelated issues attracting attention from the legal academy, the profession, and policy makers: i) the crisis of access to justice among ordinary Canadians, and ii) the increasing number of qualified and underemployed lawyers. This article sets out to understand the interrelated factors underlying these two trends, and explores long-term, accessible solutions to address the misalignment between the supply of underemployed law graduates and a demand for affordable legal services. In response to these twin problems, we examine how legislative reform,…

Profile of a regulator: Victoria Rees

Victoria Rees – Nova Scotia Barristers’ Society Role: Director of Professional Responsibility Background: Employed in various management positions with the NSBS for 29 years Tell us a little bit about yourself… Mother of three wonderful young men; 3rd degree brown belt in karate; love to travel; voracious reader; lover of all sports, especially American football (go…

Risk Regulation for the Legal Profession

Winds of change are blowing over the legal profession. Yet, compared to other professions and industries, legal services regulation remains very much a laggard. For the most part, legal services regulation remains rigid, reactive and complaint-based. These are not characteristics that are considered regulatory best practices. Recognizing this, a number of law societies are contemplating…

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