LSO COVID-19 RESPONSE

The Professional Regulation Committee’s consultation report: Mandatory Succession Planning was included as an information item at the June 2022 Convocation. As outlined in the report, the Committee has launched a consultation that will be open until November 30.  In particular, the Committee would like to hear from sole practitioners and licensees in small private practice firms.

FOLA will be preparing a Submission. If you would like to contribute your comments for consideration in our Submission, please send them to Katie at katie.robinette@fola.caby November 4th. You can also submit your comments directly to the LSO.   

Consultation open until November 30, 2022

The consultation form is available here. Those interested may respond to some or all of the questions.

NEW COMPETENCY FRAMEWORK

In May 2022, Convocation considered the Competency Task Force’s report and approved a new Competency Framework which includes: 

• The creation of an online practice essentials course which will be mandatory for lawyers or paralegals within one year of setting up as a sole practitioner for the first time, effective January 2024 
• Amending the Rules of Professional Conduct and the Paralegal Professional Conduct Guidelines to adopt the Federation of Law Societies of Canada Model Code of Professional Conduct commentary (Section 3.1-2) regarding technological competence
• The elimination of the six-hour limit on archived or recorded Continuing Professional Development programs that are eligible for credit each year
• The wind-up of the Certified Specialist Program. Licensees who are currently Certified Specialists may use the designation until Dec. 31, 2022. (The Indigenous Legal Issues specialization continues subject to any future recommendation by the Equity and Indigenous Affairs Committee to Convocation.)   

Read FOLA's Statement regarding the LSO's Report here.

BACKGROUND

In June 2021, the Competence Task Force’s Report: Renewing the Law Society’s Continuing Competence Framework was included as an Information Item to Convocation and the LSO subsequently issued a Call for Comment on it. That Report detailed the Law Society’s mandate to regulate the competence of lawyers and paralegals and provides an overview of how competence regulation has evolved to keep pace with regulatory best practices. That Report also provided an overview of the Task Force’s work plan, a working definition of competence, and proposed themes and principles which may inform new approaches to competence programs and requirements.

Most importantly, that Report included comments on the importance of LiRN and of providing supports to small/soles.

FOLA's SUBMISSION

CCLA's Submission

HLA's Submission

TLA's Submission

Roundtable of Legal Diversity Associations' Submission

On January 17, 2022, the Law Society, in partnership with the SCJ and the OCJ, launched a pilot project which allows eligible lawyer licensing candidates (namely articling students, LPP students and candidates completing their placements as part of the integrated practice curriculum program at Lakehead or Ryerson) to attend an increased number of matters related to family law cases without first needing the permission of the court pursuant to Rule 4(1)(c) of the Family Law Rules. 

Further information about the pilot project, including information with respect to when advance permission is not required but stand-by availability is required, as well as when advance permission is required, can be found on the Law Society website here.  

A short video about the Rights of Appearance project, which was initially presented at the 16th Family Law Summit, can be found at the link here.

Please feel free to send comments to PolicyConsultation@lso.ca. 

In April 2022, Convocation confirmed a policy of mandatory minimum compensation for articling and other experiential training positions. The decision follows a debate and input from the profession on whether the minimum compensation requirement should be replaced with a best practices approach that encourages but does not require minimum compensation. 

Mandatory minimum compensation for articling, the Law Practice Program and the Programme de pratique du droit was initially approved by Convocation in December 2018, as part of a series of enhancements to the lawyer licensing process, but implementation was interrupted by the COVID-19 pandemic.  

The target date for implementation is May 1, 2023.

This vote followed a comprehensive consultation period and both the TLA''s & FOLA's Submission can be found below.

TLA Submission

In advance of the February 2022 Convocation, FOLA, The Advocates’ Society, the Toronto Lawyers Association, and Family Lawyers Association have issued a Joint Communiqué on the LSO’s FLSP licencing Report to Convocation in response to the LSO’s Report on Family Legal Services Provider Licence. 

The LSO has received input from various stakeholders across the justice sector (including from FOLA) and now think this requires consideration.  As a result, the Access to Justice Committee Report on the FLSP Licence will not be on the agenda for the meeting of Convocation on February 24, 2022.  The LSO will be considering next steps and how best to move access to legal services forward and will share further updates as they move ahead.

Background

In June 2020, the Law Society’s Access to Justice Committee invited lawyers, paralegals, legal organizations and members of the public to provide comments on a FLSP Licensing model.

The proposed scope of permissible activities, required competencies and outline of the training program were detailed in the Access to Justice Committee: Family Legal Services Provider Licence Consultation Paper.

Following extensive consultations with Law Association members, FOLA  presented the Law Society with our Submission on November 30, 2020.

OTHER ASSOCIATION SUBMISSIONS

Toronto Lawyers Association

JUMP TO :  

On November 3, the Law Society’s Access to Innovation (A2I) project began accepting applications from providers of innovative technological legal services (ITLS).
 

A2I opens up avenues for improved access to justice and offers new ways to reach consumers, while protecting the public. In addition to supporting providers of technological legal services with a framework to develop responsible and innovative tools, the A2I project helps legal professionals understand the opportunities associated with ITLS and how they can enhance their work by using, adapting to, or developing their own ITLS tools. 

 Access to Innovation fact sheets: 

English and French 

In 2017, Convocation approved a set of reforms to the contingency fee regime to enhance consumer protection, improve transparency and fairness for clients, and facilitate access to justice. Amendments to the Solicitors Act and regulations, as well amendments to the Law Society’s rules of conduct are required to fully implement the reforms.

On October 22, 2020, Convocation approved amendments to the lawyer and paralegal conduct rules to implement certain transparency requirements, previously approved in principle by Convocation. The amendments, which come into effect July 1, 2021, include:

• requirement to disclose the maximum contingency fee percentage charged
• requirement to provide potential clients with the standard form consumer guide entitled Contingency Fees: What you need to know  (to come)
• requirement to provide certain fee-related reporting to clients on completion of the agreement.

See the Professional Regulation Committee report to Convocation for more information. The Paralegal Professional Conduct Guidelines were also amended (see report).