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REGIONAL WRAP-UP looPholes in AlbertA recrUiting rUles bAd for firMs And stUdents A loophole in the Law Society of Alberta's law student recruit- ment rules has caused a feed- ing frenzy among Alberta law firms. Instead of targeting law students who have completed their second year of stud- ies, the loophole allows firms to go after students who haven't even completed their first month of studies. In 2001, the LSA introduced recruit- ment rule 49.2, which provides for a ban on recruitment activity at any time other than during a specified recruitment per- iod, which is usually during a two-week period in early June of each calendar year. This recruitment period is held after second-year law students have finished their second year of studies. Jonathan Rossall, a partner with McLennan Ross LLP, who has 15 years' experience in the student recruitment process, says the "purpose of the recruit- ment rule was to protect law students from distraction and disruption in their first and second years of study." However, a loophole in the rules let firms target law students after they have finished their first year of studies. Rule 49.2(1) states, "This Rule does not apply to: (b) recruitment activity concerning a second-year law student who has been employed by the offering employer between that student's first and second years of law school." Rossall says this loophole has resulted in firms hiring first-year law students as summer students, and then those students could be hired by the firm at any time up to the recruitment period. "Most of the mid- to large-size law firms have adopted this practice as part of their articling student hiring strategy." Rossall believes rule 49.2(1) violates the spirit and intent of the recruitment rules and adversely affects first- and second- year law students. "This has caused undue stress and competition between first-year students who are seeking sum- mer student positions and second-year students who are seeking articling pos- itions." James Lingwood, an articling student with McLennan Ross, says he was bom- barded by e-mails from firms in first year advising when "meet and greets" were going to be held. "These e-mails could almost be considered threatening, sug- gesting that failure to attend these 'meet and greets' could sabotage later attempts to secure an article position with a reput- able firm." Lingwood believes the loopholes do a disservice not only to students but also firms. "Employment in the first year of studies is distracting and glad-handing counsel makes it hard to focus on the fun- damental building blocks of law. It's tough to determine what type of firm you want to work for when you don't even know the basics of law yet, let alone specialized fields. Jonathan Rossall says recruiting rules have too many loopholes. "Not to mention a summer job after the first year to jump the articling student queue can be limiting on a student's edu- cation, which likely shapes what courses you will take over the next two years of law school, and might prevent the dis- covery of an area that would have been a perfect fit for you." In October 2010, the LSA approved a new rule to provide direction around recruiting summer students. Rule 49.3(1) states, "This Rule does not apply to: (b) recruitment activity concerning a first- year law student who has been employed by the offering employer." But Rossall says rule 49.3(1)(b) creates a new loop- hole that essentially allows firms to hire students who have not yet entered law school. Eventually, he opines, "firms will be hiring summer students right out of high school." Rossall says he believes there should be no recruitment regulation of law stu- dents. "Unless the LSA closes these loop- holes, then I believe the recruitment rules should be rescinded and the free market system should prevail." — DC 10 M A RCH 2011 www. CANADIAN Lawyermag.com Baxter_LT_Splmnt_10.indd 1 11/17/10 4:30:28 PM