Private pro bono clinics, law school clinics and clinics run by legal aid organizations are the first point of face-to-face contact with the justice system for most people who don’t have a law firm on personal retainer. They are an essential source of initial guidance for people who have just discovered they have a legal problem, and provide a critical understanding of the lay of the land and the range of likely outcomes; for people who can’t afford counsel and don’t qualify for legal aid, they provide an indispensable source of ongoing advice and information. In my experience, almost every . . . [more]

This post continues my discussion of remunerative practice models that improve access to justice. I spent a good bit of space in my post on unbundled services, also known as limited-scope retainers, dumping on the comprehensive service, billable-hour model of legal practise and explaining why I believe it is unaffordable and unpalatable to clients. In this post, I’m going to talk about another alternative to the billable hour, flat-rate billing.

The idea of adopting a flat-rate approach to work makes most lawyers pretty twitchy. The fundamental genius of the the billable-hour approach is that you are covered, no . . . [more]

To date, my DIY A2J posts have talked about ways that lawyers can improve access to justice in family law matters by disseminating information about family law and dispute resolution processes on a voluntary, pro bono basis. Pro bono work is all well and good, and arguably a moral imperative of those practising a generally privileged profession, but at the end of the day you have a responsibility to yourself and to your family to put food on the table and keep the lights on.

It seems to me, and apparently to the Canadian Bar Association‘s Futures Committee as . . . [more]

One of my 2016 New Year’s resolutions was to start with “Yes.” Happily, every so often an opportunity comes around that makes saying “Yes!” the only logical response.

The Law Society of Manitoba’s annual Lawyers for Literacy event is just such an opportunity. Each year for the past 5 years, lawyers and Law Society staff have signed on to spend the better part of a Saturday reading to children at West Broadway Youth Outreach (“WBYO”). As well as reading to kids, participating lawyers raise pledges to support the work of WBYO and donate books and toys for use in the . . . [more]

The Internet taunts jurors. Promising them answers. Beckoning them to Google the parties, the law, the lawyers. And after-all, how bad could one search be? If only those lawyers weren’t so boring. If only the evidence was presented clearly. If only the judge’s instructions weren’t steeped in legalese, then we could decide it without the Internet. Whatever the justification may be, whether curiosity got the best of them or it was something else, jurors are Googling. And they are compromising the appearance of justice and maybe justice itself by going beyond the evidence in the courtroom.

Last year, the Ontario . . . [more]

Quebec’s new Code of Civil Procedure came into force on January 1, 2016. It involves an ambitious overhaul of the way cases are supposed to work their way through the courts and it is intended to increase access to justice.

CAIJ, the Centre d’accès à l’information juridique (the network of courthouse law libraries associated with the Québec Bar Association), recently added an annotated version of the province’s new Code of Civil Procedure to its website (in the lefthand column of the eLois page, click on “Code de procédure civile (nouveau)”). 

 The annotation includes the sections of the new Code, a . . . [more]

Denmark has been receiving significant attention for its so-called “Jewelry Law” that passed 81 to 27 on January 26, 2016. This new law gives authorities the power to seize valuables from asylum seekers (refugee claimants) who enter the country. Legislators included exceptions for items of “special sentimental value” such as wedding rings and medals; however, items such as cell phones and computers may be seized.

Based on reports from UNHCR, CCR and other organizations, the refugees flowing into Europe have been using their cell phones to communicate and exchange information about where to find shelter and safety, which borders are . . . [more]

There is no doubt that our current government has been busy since November 4th and, as an immigration lawyer, the change in rhetoric (and action!) has been like a zephyr warming up the winter blues. I still have clients mention to me that they saw the Prime Minister at the airport greetings refugees. (In photos, not live. He did not grace the Winnipeg airport with his presence.) Well done, PMJT! And now Minister John McCallum announced that they will be looking to change the loan repayment rules for refugees so that they are fair. Another move in the right direction. . . . [more]

In most urban centres, you can’t swing a stick without hitting a social service or social service connected agency. Most of these agencies are glad to have any legal materials they can get their hands on, and most are willing to share the materials they have. Most importantly, each of these agencies serves a specific target population with specific legal needs.

Groups like SUCCESS Settlement Services in British Columbia, for example, help newcomers to Canada overcome language and cultural barriers; groups like the Atira Women’s Resource Centre help women dealing with abuse through advocacy and education. Various other social service . . . [more]

“[T]he Courts Administration budget represents a mere 0.54% of the total Ontario Government budget for the year, a percentage which has remained relatively constant for the past number of years.” – Ontario Civil Justice Review, 1996

Do you know how much the Ontario government spends on the justice system a year? Do you know precisely how it is allocated? Could you state with confidence how much of it goes to: judges’ salaries, office space, assistants, maintaining courthouses, registrars, court reporters, clerks, librarians, legal counsel, and so on? Could you state with confidence how much is budgeted for the different . . . [more]

Information about the law and dispute resolution processes has been identified as a key barrier to justice in most of the major reports, although in two contradictory senses: a lack of information and a confusing surplus of information. The report of the the Family Justice Working Group (PDF) to the Action Committee on Access to Justice in Civil and Family Matters phrased the problem nicely:

There is a broad consensus in the literature that early information is enormously helpful to separating families, especially — but not only — where spouses are unrepresented. …

Considerable family law information is now available

A lot of good research on litigants without counsel has been published in the last three or four years, most notably, in my view, Professor Julie Macfarlane‘s “Identifying and Meeting the Needs of Self-represented Litigants,” a trio of papers published by the Canadian Research Institute for Law and the Family on the views of Alberta judges and family law lawyers, and a report by the Institute with professors Nicholas Bala and Rachel Birnbaum (in press) on the results of a national survey of judges and lawyers. Although this research doesn’t necessarily label it as such, I’ve noticed . . . [more]