Canadian Lawyer

January 2009

The most widely read magazine for Canadian lawyers

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opinion Group Publisher: Karen Lorimer Editorial Director: Gail J. Cohen Staff Writer: Glenn Kauth Copy Editor: Neal Adams Creative Director: Einar Rice Art Director: Janet Popadiuk Account Co-ordinator: Mary Hatch Contributors: Robert Todd, Kelly Harris, Jean Sorensen, Geoff Kirbyson, donalee Moulton Canadian Lawyer is published 11 times a year by Canadian Lawyer Magazine Inc., 240 Edward St., Aurora, Ont. L4G 3S9 (905) 841-6480 Fax: (905) 727-0017. All rights reserved. Contents may not be reprinted without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information pre- sented is compiled from sources believed to be accurate, how- ever, the publisher assumes no responsibility for errors or omissions. Canadian Lawyer Magazine Inc. disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Advertising Sales Representatives Legal Suppliers: Kimberlee Pascoe Tel: (905) 713-4342 E-mail: kpascoe@clbmedia.ca Law Firms: Karen Lorimer Tel: (905) 713-4339 E-mail: klorimer@clbmedia.ca Kathy Liotta Tel: (905) 713-4340 E-mail: kliotta@clbmedia.ca Inside Sales Rep: Rose Noonan Tel: (905) 726-5444 E-mail: rnoonan@clbmedia.ca Sales Co-ordinator: Sandy Shutt Tel: (905) 713-4337 E-mail: sshutt@clbmedia.ca Canadian Lawyer Magazine Inc. President: Stuart J. Morrison 240 Edward St., Aurora, ON L4G 3S9 Phone: (905) 841-6480 Fax: (905) 727-0017 E-mail: canlawmag@clbmedia.ca Web: www.canadianlawyermag.com Publications Mail Agreement #40766500 ISSN 0703-2129 Copyright © 2009 G.S.T. Registration #R121349799 RETURN UNDELIVERABLE CANADIAN ADDRESS TO: CIRCULATION DEPARTMENT 240 EDWARD ST., AURORA, ON L4G 3S9 RETOURNER TOUTE CORRESPONDANCE NE POUVANT ÊTRE LIVRÉE AU CANADA AU SERVICE DES PUBLICATIONS 240 EDWARD ST., AURORA, ON L4G 3S9 Circulation/Address Changes/Subscriptions Kirsten Schulz-Lacey Toll Free: 1-888-743-3551 Ext. 4376 Fax: 905-841-4357 E-mail: kschulz-lacey@clbmedia.ca Subscription rates: Canada1 year print and digital $65 plus GST, 1 year digital only $55. Outside Canada 1 year print & digital $94.50 (USD), 1 year digital only $40.00(USD). Student rate 1 year print and digital $36 plus GST, 1 year digital only $20 plus GST. For all circulation inquiries and address changes send a copy of your mail- ing label or labels along with your request in writing to Canadian Lawyer 240 Edward Street, Aurora, ON, L4G 3S9 Indexed in the Canadian Periodical Index EDITOR ' S DE SK BY GAIL J. COHEN The winds of change F or some, self-regulation of the legal profession is sacrosanct and should not be tampered with. For as long as Canada has been a country, and even before that, lawyers have been given the responsibility to govern their own profes- sion, in the public's best interest, of course. And in the eyes of many, it has worked well. Law societies across the country have served the "in-and-out" function of ad- mission through bar exams and regulation once in the profession through discipline and the creation of rules to govern practice. The societies' independence from the state is held up as the most integral aspect of maintaining lawyers' ability to advocate effectively. But the reality on the ground for many lawyers, particularly those who have to pay their own dues and don't work in the bosom of large law firms, is that the law societies require them to pay in the range of $2,000 a year in order to be allowed to practise, but they don't see value in this annual investment. Rather than a sense of protection, there are those practitioners who pay up but view the societies and their bloated bureaucracies (the Law Society of Upper Canada has over 400 staff) with a sense of mistrust. And, as our cover story notes, there is often a feeling that the regulators direct a disproportionate amount of their energy towards the margins of the profession. Feelings — and studies to back them up in places like the United Kingdom — such as these have led to action in many parts of the world with changes occurring in the regulatory structures of Australia, New Zealand, and England and Wales. In France, the president is also pushing for change. The United States has never had a system of self-governance. The in-and-out function falls to the courts. These changing systems all back up the theory that self-regulation might not be the be-all and end-all of lawyer regulation. In light of what's happening around the world, never say never to the winds of change blowing across Canada's regulatory landscape. However, it's fair to say that any revolutionaries battling the status quo will find themselves fighting an uphill battle. *** After years of running a Law School Survey that ranked faculties of law across Canada by gathering results of a questionnaire sent to alumni, Canadian Lawyer is doing things a bit differently this year. In the old ranking system, there was essen- tially a hair's breadth difference in the ranking of the majority of law schools, mean- ing there was not that much separating the number one and number 10 schools. The old system was no longer providing useful information. This year, we've taken a different tack. We have continued to conduct a survey, but in this case much reduced and also involving law students. We had a resound- ing 1,200 responses to the survey, which ranked students' and alumni's votes on the top three features of their law program. We're still aiming to improve that as there were insufficient results from a couple of law schools to compile the best features. In addition, Canadian Lawyer contacted the deans of each law school to get a picture of what makes each school unique. We also collected information on important fac- tors such as class size, available financial aid, entry requirements, faculty-to-student ratios, and more. We predict this review will continue to assist and encourage those who are looking to join the profession. In addition, we appreciate any feedback you may have on the survey. Please drop me a line at gcohen@clbmedia.ca with any thoughts you might have. www. C ANADIAN Law ye rmag.com JANU AR Y 2009 3

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