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The Coming End of Lawyer Control Over Legal Regulation

At the end of last year, as John-Paul Boyd ably chronicled on this website, members of the Law Society of BC voted on three resolutions regarding access to justice. The second of these resolutions — directing the law society to bar paralegals from providing family law services under new provincial legislation and to postpone any other enlargement of paralegals’ scope of practice — received overwhelming approval. While this was a disappointing...
Posted in: Practice of Law

Canada’s Law Societies Need a National Civil Service

This post summarizes a full-text article with the same title on the SSRN, and refers to Fasken InHouse. The Law Society of Ontario (LSO) is to have a bencher[1] election on April 30, 2019. We should vote only for those candidates that present solutions to the access to justice-unaffordable legal services problem (the “A2J problem”). Governments are now reacting without law societies. Benchers have to be something more than the present part-time...
Posted in: Practice of Law

Artificial Intelligence: Will It Help the Delivery of Legal Services but Hurt the Legal Profession?

On March 23, 2018, I attended a competition among “startup” applications of artificial intelligence (AI) applied to the delivery of legal services. Here are the results by way of quotations from the website of the development institute LIZ (the Legal Innovation Zone), and my comments. “Legal Innovation Zone at Ryerson University” in Toronto, Ontario, Canada. About Us: “The Legal Innovation Zone is a business incubator designed to build and...
Posted in: Practice of Law

Possibilities Under a Non-Lawyer AG in Ontario

Although it may seem as an inconsistency, the Attorney General in Ontario need not be an attorney in that jurisdiction. With the announcement of Caroline Mulroney as the AG in Ontario this week, this possibility is now a reality. Ms. Mulroney holds an American law degree and was licensed in New York State, but is not a licensee in Ontario. The validity of a lawyer functioning in this role was resolved several years ago in Askin v. Law Society...
Posted in: Justice Issues

What Can We Learn From the English ABS Experience After Five Years?

After five years of ABS liberalization in England (and Wales), it is worth having a look at what has happened. Surprisingly and significantly, the answer is “not much”. ABS liberalization in England A decade ago, Legal Services Act 2007 brought about significant changes to the practice of law in England. These changes included allowing what were called alternative business structures to provide legal services where only lawyers were previously...
Posted in: Legal Ethics

Access to Justice: “We Have Seen the Enemy and He Is Us”

[articles cited without authors are mine] Lawyers remain the passive victims of the benchers[1] that we ourselves elected to be the law societies’ managers, instead of demanding that they get busy solving the problem of unaffordable legal services (“the problem”). The benchers are to regulate the legal profession so as to, “maintain and advance the cause of justice and the rule of law,” and, “facilitate access to justice,” and, “to protect the...
Posted in: Practice of Law

“Apps” and the Waning of the Solicitor-Client Relationship

“Apps’” (as used herein, means the application of software to create electronic systems, programs, processes, devices, etc., in relation to legal services) are being developed in many locations. They appear to be an important part of the Law Society of Upper Canada’s (LSUC’s) response to the unaffordable legal services problem (“the problem”). It exists because the method of producing legal services dictates that there can be no...
Posted in: Practice of Law

Alternative Business Structures’ “Charity Step” to Ending the General Practitioner

(This is a short version of the FULL ARTICLE posted on the SSRN (pdf.). Articles cited herein without stated authors are those of the author of this article—Ken Chasse.) The alternative business structures (ABS investors owning law firms)[1] debate is a very live one in Ontario, and will be throughout Canada, depending upon what the Law Society of Upper Canada (LSUC) at Toronto’s Osgoode Hall decides. ABSs could bring about the end of the...
Posted in: Practice of Law

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Legal Feeds 2. Building NewLaw 3. DroitDu.Net 4. Eva Chan 5. All About Information Legal Feeds LSUC benchers push back decision on ABS...
Posted in: Monday’s Mix

“Counsel, I Demand Justice!” – “Most Definitely! How Much ‘Justice’ Can You Afford?”

Might that majority of society who cannot afford a lawyer’s advice (“the problem”) soon use the social media to demand the abolition of law societies? Indeed; “off with their heads!” Quite fitting for a law society, created during the last years of the French Revolution, which had so taxed the heads of Louis XVI and Marie Antoinette but a few years before. Ontario’s Law Society of Upper Canada (LSUC) was created on July 17, 1797, in Wilson’s...
Posted in: Practice of Law

Interview With Knights CEO David Beech: Alternative Business Structures Across the Pond

...Laura Snyder Thank you for this post. I'm sorry that it escaped my attention until now. If you have further interest in the thoughts, ideas and experiences of people who have created, are managing or are employed by an ABS in England & Wales or an ILP in Australia, you might like to have a look at the 50+ interviews I conducted from 2014 to 2016. You can find them here:
Posted in: Legal Technology

Everybody Wants to Rule the World

John Gregory I would disagree with Professor Hadfield that the Law Society's decision not to pursue alternative business structures was a failure of professional responsibility. It is simply not true that the evidence absolutely proves that ABS would improve access to justice. The evidence is at very best ambiguous, and it does not take much to see it as showing that a few areas of law - notably routine civil litigation - serves as a loss...
Posted in: Practice of Law: Future of Practice