The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50838
EDITOR'S DESK BY GAIL J. COHEN Don't get left behind how it would affect the regulation, in particular, of the profession across the country. While the post-study assessment may not have got much attention, it could have — and I really should have — been a game changer. But the bureau seems to have missed the chance to bring Canada's legal profession into the New World order. While it commends the profession for doing a good job removing obstacles to practising law across all provincial borders and relaxing advertising restrictions, it notes "much work remains to be done" towards eliminating barriers to competition. "The level of consideration that self-regulating professional bodies give to competition issues in the development and review of their regulations is not always as comprehensive as it should be," says the assessment. But it doesn't go as far as saying the regulators need to make wholesale changes to their rules. Changes that could bring Canada in line with other Commonwealth jurisdictions such as Australia, where law firms are now able to list on stock exchanges and Britain, which is ready to enact a brand new Legal Services Act that allows lawyers to team up with non- lawyers in alternative business structures to raise capital. It's hard not to agree with the legal academics who say the Competition Bureau has missed the mark. "It's an increasingly global market, and eventually one will want to provide legal services here. Then the legal profession is going to be forced to address it. There is going to be continued competition pressures, if not from the Competition Bureau, then from other jurisdictions," University of Ottawa law professor Adam Dodek told Law Times. Former Queen's University law prof Paul Paton, who now teaches law at the University of the Pacific and is the former chairman of the Canadian Bar Association's national ethics and professional responsibility committee, says regulators are standing in the way of innovation and that is not in the consumer interest. "I think masking professional self-interest as the public interest can only lead to problems." With U.K.-based law firms such as the Norton Rose Group already on our shores and suitors such as DLA Piper knocking on the door, the regulators of Canada's legal profession need to face up and make changes. Firstly, in Ontario in particular, the Law Society of Upper Canada should be out of the business of regulating paralegals, essentially their competitors, as the Competition Bureau's 2007 report recommended. Beyond that, law societies need to address the matter of alternative law firm structures. Business and economies are changing, here and around the world. Canada's legal profes- sion needs to change with it — whether the Competition Bureau mandates it or not. And on a side note, I'd like to welcome our newest columnist, Neill May of Goodmans LLP, who will be taking over the Banking on Corporate column. I look forward to his insightful, and amusing, take on corporate-commercial law. Group Publisher: Karen Lorimer Editorial Director: Gail J. Cohen Staff Writer: Robert Todd Copy Editor: Katia Caporiccio Art Director: Bill Hunter Account Co-ordinator: Catherine Giles Contributors: Jean Sorensen, donalee Moulton, Kathryn Leger, Jennifer Brown, Mary Agnes-Welch Canadian Lawyer is published 11 times a year by Thomson Reuters Canada Ltd., One Corporate Plaza, 2075 Kennedy Rd., Toronto ON. M1T 3V4 (905) 841-6480. Fax : (647) 288-5418 All rights reserved. Contents may not be reprinted without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Canadian Lawyer 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) 841-6480 x4052 E-mail: kimberlee.pascoe@thomsonreuters.com Law Firms: Karen Lorimer Tel: (647) 288-8018 E-mail: karen.lorimer@thomsonreuters.com Quebec Law Firms: Linda Nadon Tel: (450) 224-0055 E-mail: lnadon@universusmediagroup.com Sales Co-ordinator: Sandy Shutt Tel: (905) 841-6480 x2041 E-mail: sandra.shutt@thomsonreuters.com Canadian Lawyer Magazine Thomson Reuters Canada Ltd. One Corporate Plaza, 2075 Kennedy Rd., Toronto ON. M1T 3V4 Tel: (905) 841-6480 Fax: (647) 288-5418 E-mail: clb.cleditor@thomsonreuters.com Web: www.canadianlawyermag.com Indexed in the Canadian Periodical Index Publications Mail Agreement #40766500 ISSN 0703-2129 Copyright © 2011 HST Registration #R121349799 RETURN UNDELIVERABLE CANADIAN ADDRESS TO: CIRCULATION DEPARTMENT ONE CORPORATE PLAZA 2075 KENNEDY RD., TORONTO, ON. M1T 3V4 RETOURNER TOUTE CORRESPONDANCE NE POUVANT ÊTRE LIVRÉE AU CANADA AU SERVICE DES PUBLICATIONS ONE CORPORATE PLAZA, 2075 KENNEDY RD., TORONTO ON. M1T 3V4 Circulation/Address Changes/Subscriptions Jacquie Clancy Tel: (905) 841-6480 x2732 Fax: (905) 841-6786 E-mail: jacquie.clancy@thomsonreuters.com Subscription rates: Canada1 year print and digital $70 plus HST, 1 year digital only $55. Outside Canada 1 year print & digital US$94.50, 1 year digital only US$40. Student rate 1 year print and digital $36 plus HST, 1 year digital only $20 plus HST. For all circulation inquiries and address changes send a copy of your mailing label or labels along with your request in writing to Canadian Lawyer , One Corporate Plaza, 2075 Kennedy Rd., Toronto ON. M1T 3V4 n September, the Competition Bureau released a post-study assessment to its 2007 report that looked at restrictions impeding competition in five professions, including the law. The profession had been on tenterhooks as to what the assessment would say and THIS MONTH EXCLUSIVELY ON CANADIAN Lawye rmag.com Trials & Tribulations Margaret Waddell ruminates on issues of import and interest to litigators. October 10 Human Rights . . . Here & Th ere University of Ottawa law school's Sonya Nigam's column on human rights and international law. October 10 Financial Adviser Financial planner Alan Acton helps lawyers better manage their hard-earned money. October 10 Defi nitely Mabey Stephen Mabey examines the thorny issues facing law fi rm management. October 17 Th e IT Girl Sarah Dale-Harris takes a wry look at the intersection of technology and the law. October 17 David Paul's Field Notes Tips for the solo and small-fi rm practitioner from David Paul. October 17 Letter From Law Law Land Wit and wisdom from Vancouver's Tony Wilson. October 24 Arguably the Best Justice Eleanore Cronk off ers sage advice for young lawyers in the ninth article in our litigation skills series. October 24 Making Rain Executive coach Debra Forman's video column on career and business development. October 31 www.CANADIAN Lawyermag.com OCTO BER 2011 3