Tag: British Columbia

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The Road to (Legal) Innovation

First, I would like to start by congratulating the class on the successful completion of the Law Hacks presentations. I thoroughly enjoyed all the presentations which exposed me to some great ideas regarding legal innovation. I am excited to know that at least one of those ideas, Summons, is already on its way to becoming reality; I hope that more follow. As we look towards our future and the innovation of legal practice, there is a caveat to be considered.

In his article “The failure of legal innovation“, Jordan Furlong introduces the readers to the nature of the start-up market. Furlong points out that we live in the age of start-ups, a phenomenon that brings about significant social and economic benefits, but one which is characterized by the risk of failure. For every successful start-up, there are far more failed ones. As Furlong points out, the reason for failure is not always a bad idea, sometimes its bad execution, or worse still, pure bad luck. The point that he is trying to drive home is that there are immense challenges in the way of start-ups, which we got a taste of by getting grilled by the ‘dragons’.

As we learned during the semester, the legal profession is going through a transitional period as we play catch-up with the technological advancements. As much as it scary, it is a good sign that we have chosen the route of innovation rather than extinction.  It is no doubt that the need of the hour is investment in bold and fresh new ideas. However, I would like to add one caveat to this process: know when to stop. As mentioned earlier, a start-up’s failure isn’t always due to a bad idea; there are numerous other variables that account for success. Therefore, it is important to know when to give up on an idea, lest we end up chasing down a rabbit hole.

As part of the first graduating class of L21C at TRU Law, we are well on our way to start contributing meaningfully to the transition. The challenges ahead of us, as lawyers, are greater in way because lawyers don’t like to be told that they have been doing something wrong, especially when they hold considerable power in terms of regulating the practice of law. However, incremental changes by way of resilience will make sure that we come out stronger at the end of every battle. As Furlong said “[o]ne LinkedIn or Uber is worth many pets.com”; let’s keep trying for our LinkedIns and Ubers.

Finally, I would like to thank Professor Sykes for putting this innovative course together and introducing us to the future of our legal careers.

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“More money, more problems?”

As future lawyers, about to embark on a legal career, there is concern that we may be focusing on the wrong rewards…

 

The New York Times article, Lawyers with the Lowest Pay Report more Happiness, written by Douglas Quenqua, suggests that individuals entering the profession are concerned with wealth, status and stimulating work. However, recent research has found that high income and partnership track positions have no correlation with a lawyer’s happiness and well-being. In fact, lawyers in public service positions reported greater happiness. This research study was based on a psychological model of human happiness called “self-determination theory”. The model is based on competence, autonomy and connection to others.

Young Associates in Trouble, a research paper by David Zaring and William Henderson, concludes that most new lawyers are attracted to working for large, prestigious law firms despite their reputation as difficult places to work. The research conducted by Zaring and Henderson suggests that compensation, partnership and resume value are among the reasons these leading firms remain a fixture for new graduates. The authors accept that some young lawyers may see their experience working at an elite firm and the prestige associated with these institutions as a jumping off point into a more enjoyable career path. However, the author’s data indicates that individuals who remain with large firms over the long term do not show higher satisfaction in partnership than they do as junior associates. This is due to a work-life balance that does not necessarily change as the employee moves up the hierarchy.

An explanation for the unhappiness exhibited by young lawyers may begin at law school. Here, students are pushed towards mainstream, elite firms. Large firm marketing, “OCI’s”, and competition among colleagues may be to blame for this.

The articles above suggest that law students do not appreciate what they are signing up for when entering a new firm. Better information from school career centers, depicting “firm life” in large and small firms and urban to rural centers could solve this problem. My view is that there is a general lack of alternatives to big name firms. Schools do not provide students with the necessary explanation of alternatives to firm employment and students lack the knowledge of replacement options.

We have all been told that the profession is changing rapidly and how this may affect our employment opportunities in the near future. It is time for graduates to turn their mind to careers that fall outside of the institutionalized model. Pursuing innovative legal careers may be a solution to the happiness and work life balance young lawyers seek, without sacrificing both lucrative and stimulating work. By taking the approach that change means opportunity, the transformation of the legal landscape should be viewed with excitement rather than fear.

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Technology and Outsourcing – a Change in the Legal Market?

In Blueprint for Change, William Henderson states that the future is bleak for law graduates in the United States because the job market is increasingly uncertain. He writes, “our current legal education is likely to enhance the human capital of our students, but in the emerging economic environment, the benefits of that education are insufficient to pay back its cost […]. The issue is whether the education we offer is able to adapt to the rapidly changing legal industry.”

According to Henderson, the current market is unable to sustain the large numbers of law graduates, and while law schools are having some difficulty filling seats, which ultimately leads to difficulty in finding professional employment for their graduates, they continue to offer attractive financing packages to perspective students, which increases enrollment (and ultimately increases the debt load of graduating students). Additionally, while law schools train students via traditional education models, companies that offer legal products and services (but are not classified as law firms) are becoming increasingly attractive alternatives to hiring lawyers. This in turn decreases the demand for lawyers and leaves many law graduates with an inability to find work in private practice. As Henderson states, “by removing the lawyer from the value chain, cost goes down, quality goes up, and service delivery time becomes faster.”

While Henderson’s research is based on American law schools, I believe that in an era where the legal profession is changing to accommodate self-represented litigants and the entry of ‘do-it-yourself’ products on the legal market, this research adds an extra layer of understanding when it comes to envisioning our futures as lawyers. As my colleague Salman outlined in his blog post “Surviving the Technological Threat,” we have been hearing from our speakers and professors throughout the semester that our current method of practicing law is in danger of changing significantly with respect to new technologies and new methods of outsourcing legal work.

Henderson suggests deviating from the traditional structure and tailoring legal education to fit labour market outcomes, but this does not seem entirely practical for Canadian law schools. While the Canadian legal market is increasingly saturated, we have yet to experience the demise of traditional legal education as Henderson sees it, likely because we have far fewer law schools than the US, and despite our tentative adherence to Maclean’s yearly rankings, our country has yet to implement a tier-based system. As Salman also points out, it is unlikely that the introduction of new technologies will change the legal landscape as a whole. Rather, these technologies will likely assist lawyers to provide more efficient legal services, particularly if lawyers are free to concentrate on more complex legal issues that are outside the scope of these products and technologies.

 

 

 

 

 

 

 

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The Future Of The Legal Education: Specialization Or Degradation Of The J.D.

As the legal field continues to expand, general practitioners are expected to know more in their respective fields to better assist their clients. A lawyer is expected to enhance their knowledge by keeping up with the evolution of the legal sector. Harry Arthurs recognizes the dangers that future lawyers may face in The Future of Legal Education: Three Visions and a Prediction.

He suggests a possible option where “The bar may one day recognize not just one class of members, but many. Members of each class would have different educational credentials…that general practitioners will one day be licensed to appear as advocates in certain tribunals and the lower courts, and to do routine real estate transactions, simple incorporations and uncontested divorces—but not undertake appellate litigation, patent applications or tax planning”.

He further elaborates “They might offer a skills-based one-year degree for paralegals, a stripped-down tow-year ‘basic’ degree for general practitioners, an enhanced four year degree for specialist practitioners, and conversion courses for those who want to upgrade their credentials”.

On the one hand, I can see this as a form of specialization in a specific area for law students. Those that know what area of law they want to practice can choose to study that, right from the beginning while avoiding all the unnecessary courses that they will never use for their chosen area of practice.

However, on the other hand I see this as undermining the value of legal education and hence a J.D. By creating this separation in the legal education, many of the basic competencies will be omitted from one’s legal education. On a basic level many of the different fields of law interact with each other, and competencies in all these areas are crucial for a practitioner to come up with the best solution for their clients.

There is obviously a wealth of knowledge available in studying law. In my opinion, due to the enhanced level of education required to sufficiently practice in each specific area of law, I think in the future, a LLM in the chosen area of practice will be mandatory after a JD, in order to obtain an articling position in the desired field.

With each area of law expanding everyday, I think it would be ridiculous to cut down on the legal education. The only way to keep up with the evolving nature of the legal sector is to increase the education required, and thus satisfying the necessary requirements of becoming a competent practitioner. Of course, this is just my view.  What do you think are some ways our legal education will evolve to better accommodate us in being competent in our areas of practice for the future?

 

 

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Access to Justice in Canada: Students with high hopes to help the low-income

“[Canada is] increasingly failing in our responsibility to provide a justice system that [is] accessible, responsive and citizenship focused.”

The above was a statement by our Chief Justice Beverley McLachlin of the Supreme Court of Canada, about the inability for Canada’s families to obtain affordable legal counsel. The Chief Justice has also stated that “legal-aid funding and coverage is not available for most people and problems, and the cost of legal services and length of proceedings is steadily increasing”, and that “statistics show that people who get legal assistance in dealing with their legal problems are much more likely to achieve better results than those who do not.”

As Canadians, the majority of us believe access to justice is a fundamental right. Contrary to this belief, Canada is witnessing a gap between the fundamental right and the stark reality that the wealthy the are the ones that can afford a lawyer’s legal services. With specific reference to British Columbia, cuts to BC Legal Aid have taken a toll on access to justice, especially for those with low-incomes. A list of cuts from 2005-2010 can be found here.

In 2013 the Canadian Bar Association released the ‘Reaching Equal Justice Report’. The report states that there is a need for more federal funding for civil legal aid. It says that the Canadian Bar Association will reach its goal for Canadians living at and below the poverty line to be eligible for full coverage of essential public legal services by 2020. Additionally, the report puts forth that all law schools in Canada will have a student legal clinic to help low-income people by 2020. The Canadian Bar Association advises that all 31 targets mentioned in the report are expected to be completed by 2030. A video about the proposed legal aid system can be watched here.

It is important to note that change does not fall solely on governments or the bar association. As the report says, law schools and other stakeholders must be involved. It is obvious that “tinkering” or making a few changes here and there will not be enough. The report states that “the civil justice system is too badly broken for a quick fix. People fall between the cracks at an unacceptable cost. Injustice is too deeply woven into the system’s very structure for piecemeal reforms to make much of a dent.”

It is obvious that now is the time to use the resources we have, like our Canadian law students, to help improve Canada’s access to justice for low-income people. With 18 law schools in Canada teaching common law, these numbers have the potential to create a significant positive difference. If that is not motivation enough, pro bono work by law students helps not only those who find themselves facing a legal conundrum, but also the law students involved. The students typically receive training to be more understanding, companionate, and patient, and in turn become more competent lawyers to enter the work force.

From what I could find, only one Canadian law school (Osgoode Hall Law School at York University) has what they call a public interest graduation requirement. If pro bono work by law students is part of the answer, why are we not making full use of this potential resource? Is it lack of resources, lack of incentive, or lack of an enforced requirement?

In correspondence with TRU Law’s Professor Dhand (who is currently the Project Leader on a Law Foundation Large Project Grant for a poverty law clinic), she informed me that the school is implementing the Community Legal Advice Clinic in 2016. The Community Legal Advice Clinic will assist low-income earners in the Kamloops and Interior region with legal problems – initially in the area of residential tenancy law and housing issues – with direct client services. The clinic will run approximately two to three days a week and can be found at the Centre for Seniors Information in Kamloops, BC. Additionally, Professor Dhand advises that TRU Law has the Legal Information Service, located on campus, where she supervises and mentors 60 student volunteers each year, who provide legal information, resources, and public legal education workshops in all areas of law. Lastly, Professor Dhand also teaches TRU Law’s Community Lawyering course where students receive instruction about the substantive and procedural aspects of community lawyering such as client interviewing, strategic litigation, legal research, and ethical issues.

It is clear that TRU Law is taking steps towards improving the ability for low-income British Colombians to access justice, well before the Canadian Bar Association’s goal of 2020. Are there additional steps that TRU Law and other law schools can take to facilitate access to justice for the low-income? Should TRU Law’s Community Lawyering class be a required course for students?

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