Posted to SLAW September 17, 2014

It is entirely human to fail to appreciate when one’s judgment is affected by a conflicting personal interest or duty. Our conflicts rules reflect this problem. Where there is a substantial risk of impairment of representation, clients get to decide whether to accept that risk. Where representation will be materially impaired, lawyers cannot act even with client consent.

This concern about conflicting interests is well rooted in behavioural psychology. Dan Ariely, an author and a professor of psychology and behavioural economics[i], writes on this topic[ii].

More … 

Important news from LSBC News Releases – December 9, 2013

Law Society governors approve joint task force recommendations on the future of legal service regulation

For the LSBC website, click HERE

Vancouver – At their December meeting, the Benchers of the Law Society of British Columbia unanimously approved in principle three recommendations that could transform the regulation and delivery of legal services in BC.

These recommendations are the culmination of many years of review capped by a year consulting and studying the question of whether various legal service providers, including lawyers, notaries public and paralegals, should be brought under one regulatory umbrella. The Legal Service Providers Task Force presented its final report on December 6, 2013.

The Benchers approved the following task force recommendations:

• The Law Society and the Society of Notaries Public of British      Columbia seek to merge regulatory operations.
• That a program be created by which the legal regulator provide      paralegals who have met specific, prescribed education and/or training      standards with a certificate that would allow them to be held out as “certified      paralegals.”
• That      the Law Society develop a regulatory framework by which other providers of      legal services could provide credentialed and regulated legal services in      the public interest.

While details of the proposals will need to be developed in consultation with the notaries, government and others, task force Chair Bruce LeRose, QC said approving the recommendations in principle was an important first step. “Access to justice is slipping out of reach for many British Columbians,” said LeRose. “It is critical that the Law Society look for ways to reverse that trend, and these ideas could be a big part of that.”

Law Society President Art Vertlieb, QC called the Benchers’ unanimous support for the motion a “watershed moment in the Law Society’s history.”

The task force’s final report is available here. The Law Society’s previous news release about the task force is available on the website.

The members of the task force are past Law Society president Bruce LeRose, QC (chair); current governors Ken Walker, QC (vice-chair) and Satwinder Bains; Godfrey Archbold, president of the Land Title Survey Authority; John Eastwood, past president of the Society of Notaries Public of British Columbia; Carmen Marolla, vice-president of the British Columbia Paralegal Association; and Kerry Simmons, past president of the Canadian Bar Association, BC Branch.

Quotes

“It is encouraging to see our justice partners work together to transform the regulation and delivery of legal services to the citizens of our province. The Law Society has shown tremendous leadership and the recommendations made today signal that progress is being made to improving access to justice for British Columbians.” Hon. Suzanne Anton, QC, Attorney General & Minister of Justice

“BC Notaries look forward to working with the Law Society, our members and with the Ministry of Justice in taking the next step to ensure that any merging of regulation continues to offer protection, continued and expanded choice and improved access to legal services for the public.” Wayne Braid, Chief Executive Officer, The Society of Notaries Public of British Columbia

“The BC Paralegal Association is extremely pleased with this outcome.  We wish to express our congratulations to the Task Force on an excellent report, and we look forward to continuing to work with the Law Society to develop the criteria for certification for paralegals, and to consider how best to create the regulatory framework to be developed for stand-alone legal service providers.” Carmen Marolla, Director, BC Paralegal Association

The Law Society of British Columbia regulates the more than 11,000 lawyers in the province, setting and enforcing standards of professional conduct that ensure the public is well-served by a competent, honourable legal profession.

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– See more at: http://www.lawsociety.bc.ca/page.cfm?cid=3845&t=Law-Society-governors-approve-joint-task-force-recommendations-on-the-future-of-legal-service-regulation#sthash.MKWo3jh4.dOv5Fapl.dpuf

Amy Salyzyn, Beyond the Quid Pro Quo Premise: The Legal Profession and the Public Interest, published on SLAW April 9, 2013.

The Canadian legal profession has never been shy to rationalize and justify its role in society. The public relations campaign launched by the Ontario Bar Association in February is just the latest in a long history of institutional advertising efforts tracing as far back as the 1930s when the Saskatchewan Law Society placed a series of advertisements in a farm weekly.

A new urgency, however, now colours our collective efforts. What it means (and will mean) to be a lawyer has perhaps never been more uncertain. In other jurisdictions, new and disruptive business structures are radically changing once taken-for-granted “rules of the game” for the delivery of legal services. New technology is displacing the need for lawyers to perform certain tasks and will continue to do so. On top of this, our country is neck-deep in a seemingly perpetual access to justice crisis that has seriously undermined the public’s confidence in the ability of the legal profession to respect and protect their interests. The list of challenges, as we all know, goes on.

How should we, then, seek to understand and explain ourselves in this tumultuous time?
For the rest of the article and comments click HERE