Canadian Lawyer

April 2011

The most widely read magazine for Canadian lawyers

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has published a guide about how a lawyer should handle such a complaint. Adam Sampson, chief executive of the new office, expects to receive about 100,000 complaints a year, with at least 20,000 requiring investigation (the office will have a staff of about 350). All com- plaints, he says, will be resolved within three months of receipt. Sampson is not a lawyer. The act requires the legal ombuds- man's chief executive officer, and the chair- man of the Office for Legal Complaints, which oversees the ombudsman, not be legally trained. This drives home its inde- pendence from the profession. Sampson says he will crack down on lawyers who choose profit over good ser- vice, and describes as a "scandal" the profes- sion's past inability to deal effectively with complaints. OLC chairwoman Elizabeth France has said that lawyers will be on the receiving end of "rough and ready jus- tice." The process, she said, will not be the kind of quasi-judicial process that only lawyers could construct; it will be con- sumer-friendly, informal, and inquisitorial. Stories in the press about the opening of the ombudsman office have proclaimed "there is a new sheriff in town." There is, of course, criticism of the new British plan. Some consumer groups have complained the maximum compensation to a client of £30,000 is too low. Other crit- ics suggest the office's informal procedure may be too much of a good thing: there may be a new sheriff in town, but do we really want frontier justice? But most inter- esting is the absence of criticism from the legal profession. Are British lawyers unable to think of a good reason why the legal ombudsman is a bad idea? So it seems. The British have done a smart thing, and Canadians should follow suit. Each province should create a similar legal ombudsman. I believe there would be tre- mendous public support for such a reform. (Canadian lawyers won't be too keen, of course, but, as with the British legal profes- sion, they will find it hard to object plau- sibly.) Five provinces are having elections this fall — Newfoundland and Labrador, Prince Edward Island, Manitoba, Ontario, and Saskatchewan. The legal ombudsman proposal should be part of the election debate. Politicians should pay attention. The idea is a vote-getter. Perfectbound • March 2011 one time purchase $89 p/C 0517010999 on subscription $84 p/C 0517140999 issn 1206-694X multiple copy discounts available prices subject to change without notice, to applicable taxes and shipping & handling. A final note: it is astonishing how much more progressive Britain is than Canada when it comes to reforming legal institutions. Provision for the legal ombudsman was not the only change accomplished by the 2007 Legal Services Act. That legislation, among other things, established the Legal Services Board, an independent body responsible for overseeing the regula- tion of lawyers in England and Wales, removing the regulatory role from the profession itself, a reform devoutly to be wished in Canada. Why is Canada so backward when it comes to regulating the legal profession? Philip Slayton has been dean of a law school and senior partner of a major Canadian law firm. His latest book, Mighty Judgment: How the Supreme Court of Canada Runs Your Life, comes out this month. ONTARIO MUNICIPAL SERVICE DIRECTORY 2011 A Comprehensive Guide for reAl estAte professionAls, 2011 All the municipal services information you need for real estate searches under one cover. With introduction and historical linkages by michael l. Young, ll.B. this handy resource helps you process your real estate transactions more efficiently, saving you time and energy. published annually, the ontario municipal service directory: A Comprehensive Guide for real estate professionals, 2011 gives you up-to-date and easily accessible municipal contact information. it includes: contact information for each municipality • • municipal addresses, telephone/fax numbers and email addresses • • • • • • • • all registry offices' contact and clearances information addresses, telephone numbers for conveyancers and/or solicitors list of clearances including: tax certificates, water arrears, outstanding work orders and zoning compliance sheriffs' office addresses and telephone numbers it also includes contact information for various other searches including: fire safety inspections utilities septic disposal system clearances conservation authorities • municipality-specific listings for ontario government ministries responsible for land use planning issues, assessments and the landlord and tenant Board … and more Visit canadalawbook.ca or call 1.800.565.6967 for a 30-day no-risk evaluation CANADA LAW BOOK® www.CANADIAN Lawyermag.com A PRIL 2011 19 OMSD - 1/2 page island.indd 1 2/17/11 2:46:16 PM

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