Let the Next Generation In

• Author: CBA Futures
• Date: January 14, 2015

The idea that any of our law societies could sanction ABS – business structures that permit fee-sharing, multi-disciplinary practice, and ownership, management and investment by persons other than lawyers – has prompted vociferous debate about whether the legal profession should change. Benchers, legal ethicists, personal injury lawyers, and academics dominate the debate, with some arguing that if there’s no prospect of benefit to the public, we shouldn’t adopt ABS, versus others who argue that if the access to justice crisis continues, we shouldn’t maintain the status quo.

Often lost in the debate are the perspectives of those who stand to gain (or lose) the most from these reforms: clients, and new and young lawyers. On December 30, the Law Students’ Society of Ontario left a late gift under the Christmas tree (or threw a lump of coal down the chimney, as you prefer) by delivering a ringing endorsement of ABS in Ontario.

The LSSO believes that a form of ABS is “integral to the future of relevant, accessible, and responsive legal services in Ontario.” The barometer for change, they say, must be the public interest and access to justice mandates of our governing bodies. In their submissions (available here), the LSSO urges LSUC to consider that “any assessment of a fundamental reshaping of the legal services landscape ought to be looking for opportunities to narrow the gap between rights afforded and rights that can be exercised affordably.” In their view, the legal profession will not survive – in any form – if it fails to meet the terms of its social contract with the public.

The Law Students’ Society of Ontario speaks for students at all seven Ontario law schools – Lakehead, Windsor, Western, Osgoode Hall, Toronto, Queen’s, and Ottawa. Acknowledging that their perspective is made up of those...