Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m A P R I L 2 0 1 6 17 people and governments have let the profession get away with it. The ugly: Lawyers ignore the consequences of what they do Lawyers in Canada live in a legal silo. They have a fragmented world view. They pay little or no attention to the effect of law and legal practice on eco- nomic, social, and political circum- stances. They pretend that their actions (or lack of action) have no consequenc- es. By so doing they ignore a major ethi- cal responsibility. This is partly the fault of law schools, which stifle imagina- tion and curiosity and persist in train- ing lawyers to be legal technicians and nothing more. It is widely believed that a central economic, social, and political prob- lem of our time is increasing inequal- ity of wealth, with its attendant evils. This belief has become critical to cur- rent political debate in democratic countries. Thomas Piketty argued in his now-famous book Capital in the Twenty-First Century that the rich are getting spectacularly richer. There has never been greater inequality of wealth, with most increases coming from the deployment of capital rather than use of labour. Many powerful lawyers are hand- maidens to rich corporations and indi- viduals. They protect capital and make the rich richer. Without giving it a thought, they exacerbate inequality that is socially debilitating and politically destabilizing. Remember the finan- cial crisis of 2008? Clever and highly paid attorneys on Wall Street (and Bay Street) had a big hand in inventing the fancy pieces of paper — collateralized mortgage obligations and other tools of so-called "financial engineering" — that got us into so much trouble. That's just one example. There are many others. I wish I could be more upbeat. Sunny ways, and all that. But these are persis- tent problems in the legal profession that are rarely talked about. The profes- sion ignores them out of self-interest. Why don't the citizenry, and our governments, insist on change? That's what happened in England on the issue of self-regulation. In this country, there doesn't seem to be the political will or leadership required for much-needed reform. It's depressing. The ugly 2: Lawyers limit access to justice Sad to say, most Canadians don't benefit as they should from the Charter, or any other laws, because they do not have proper access to the legal system. In 2007, I wrote in these pages, "Access to law is the great ethical issue facing the legal profession. Most Canadians are denied use of law and the legal system. That's because they can't afford the fees charged by lawyers. Economic self-inter- est of the legal profession stands between the people and justice." This is as true today as it was then. No significant prog- ress has been made over the last 50 years. Token pro bono efforts don't even begin to address the problem. In the modern age, most lawyers see the practice of law as a business rather than a profession. Billing by the hour, with its hideous incentives, fuels the flames of greed. The answer, I've long contended, is a state system of legal insurance, similar to Medicare, but that idea is going nowhere (although I recall that at one point it looked as if Medi- care was going nowhere and now it is a much-treasured part of the Canadian identity). So where are we? As the man said, "Justice is open to all, like the Ritz Hotel." Philip Slayton is immediate past president of PEN Canada, an organization that pro- motes and protects freedom of expression. BILLING BY THE HOUR, WITH ITS HIDEOUS INCENTIVES, FUELS THE FLAMES OF GREED. THE ANSWER, I'VE LONG CONTENDED, IS A STATE SYSTEM OF LEGAL INSURANCE, SIMILAR TO MEDICARE . . . Get the only book that thoroughly addresses the case law and general trends in recent decisions on a range of cases from across the Commonwealth. Order # 987052-65203 $105 Softcover approx. 240 pages March 2016 978-0-7798-7052-3 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. 00235ZT-A54990 New Publication Misfeasance in a Public Offi ce Erika Chamberlain, LL.B., Ph.D. AVAILABLE RISK-FREE FOR 30 DAYS Order Online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800

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