We need a strong voice in response to reforms

Significant shifts are underway in legal practice, regulation of the profession, the administration of justice and the law itself. These fundamental changes will affect every lawyer, and we must pay attention – both as individuals and as a profession.

The Canadian Bar Association exists to ensure that the collective voice, wisdom, and strength of the profession is brought to bear on important issues. Senior members of the Bar are stepping up to provide their support, and newer members are actively engaged in reform activities. There is a growing sense that this is a time for more – not less – involvement in the CBA, for the sake of the profession and our society.

Mandatory CLE
The Law Society is committed to the concept of mandatory professional development. How this develops, and how the needs and realities of lawyers are considered and reflected in the end product, is a matter of significant concern. We all understand the public interest agenda behind it – but the voice of lawyers needs to be heard in the process, particularly those who face time, money and access barriers.

Expansion of Non-Lawyer Practice
On the good news front, the Law Society is looking at reforms to allow lawyers to delegate more duties to their paralegals. On the downside, we have only to look at WCB “advocates” and immigration “consultants” to see how far this can go if non-lawyer practice is supported by government.

Justice System Reform
Serious, far-reaching reforms are clearly on the horizon – the Justice Review Task Force has proposed a “legal hub” of information and support for unrepresented litigants, and major changes to administrative process and procedures for people seeking resolution of civil matters. Change will occur within a relatively short timeframe, and lawyers need to have input into the end result.

Law Reform
An activist federal agenda has placed unprecedented demand on the National CBA for consultations and advocacy. Important legal questions at the Supreme Court of Canada often involve CBA interventions. Here in B.C., the CBA is asked by government to respond to all major legislative proposals, often on short notice. And the profession has its own proposals for change – the CBA has proposed legislation to protect those whose retirement savings are in vehicles other than pensions.

The Need for Engagement by the Profession
When an incredibly fast pace of change becomes the norm, it becomes difficult to distinguish that which is important amongst the volume of “urgent” and “immediate.” The CBA exists to make sure that the legal profession’s interests are front and center on the most important issues of the day. Your support and involvement can make a difference – and is very much needed in these challenging times.

This article was published in the February 2007 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2007, all rights reserved.