Canadian Lawyer

Regional wrap-up Web info no substitute for legal advice S tories of family law litigants forced to navigate the court systems themselves are at the heart of a report on self-represented litigants in Ontario, British Columbia, and Alberta by University of Windsor law professor Julie Macfarlane. She interviewed 259 self-represented litigants and 107 service providers such as courthouse clerks. More than 50 per cent of Macfarlane's participants started out with counsel but later ran out of money, often turning to the Internet for help. But as the study found, self-represented litigants who "anticipated that the proliferation of online resources would enable them to represent themselves successfully became disillusioned and disappointed once they began to try to work with what is presently available online." She says "even the absolutely best webbased material — and we don't have very much of that yet — is not a complete substitute for having somebody to talk to." Policies aimed at increasing access to justice put a big emphasis on the Internet, but "what these people need is a friendly face, a helping hand," notes Macfarlane. "The sheer volume of information available on the Internet is problematic. It is often difficult for [self-represented litigants] to know which site to use and how to move from one to another without finding apparent contradictions or gaps," the report states. "Another problem is that it is clear from interviews that [selfrepresented litigants'] ability to navigate and utilize information and forms provided online is affected by their emotional condition as they proceed through a contentious matter." One of the results Macfarlane finds shocking is the sheer toll self-representation takes on people. "I sometimes say that doing these interviews, which I did for the whole of last year, was a little like spending a year in grief counselling. I mean, I got to the point where I needed a break," she says. "What's so interesting about this population [of self-represented 10 June 2013 www.CANADIAN litigants] is that there mediation as an alterare so many of them nate route. but they're all so isoMany study parlated." ticipants also described The law prof says wanting a form of Julie Macfarlane has self-represented liticoaching. Such coachauthored a wide-ranging gants need an oriening, according to the report on self-reps. tation when they first report, would help litiwalk into court. This gants manage the case themorientation would be about what to selves through practical advice on what expect, "not just procedurally but also to expect and what to say and do in court. — Yamri Taddese emotionally," she says. Many of the litiyamri.taddese@thomsonreuters.com gants she interviewed didn't know about L a w ye r m a g . c o m Prairies Saskatchewan considers incentives to get law grads to go rural T here is a big campaign — including a bus and BBQ tour — to persuade Saskatchewan law grads to look for articles in smaller centres around the province. But it seems most young lawyers want to stay close to the bright lights. That's why Sanjeev Anand, dean of law at the University of Saskatchewan, thinks it may be time to up the ante from sweet talk to sweetening the pot. "We're facing a demographic crisis," Anand points out. "In lots of rural communities the youngest lawyers are in their late 50s. How can we attract and retain young people?" Anand's idea is to offer financial incentives, much like the programs now in place to bring more doctors to rural practices. So right now he is in "very, very preliminary talks" with the Saskatchewan government, the Law Society of Saskatchewan, and the Canadian Bar Association. Anand thinks in return for a three-year commitment to a small town practice, students might get a law-school-tuition rebate or perhaps forgiveness on outstanding student loans. "I could see something like that being a significant incentive for someone," he says. The hope is in those three years a new graduate would grow roots, perhaps meet a partner, become involved in the community, and recognize the interesting work and lucrative possibilities available to those remaining in the rural area. Anand plans to continue talking to all the interested parties. He is optimistic the incentive scheme has "a real chance of tackling" the lawyer shortage outside the big cities, which is not only a persistent problem in Saskatchewan but right across the country. — Geoff Ellwand writerlaw@gmail.com

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