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Get it Done.

February 7, 2011

A small-town, Northern Ontario upbringing gave me strong values; 10 years’ experience in the television industry made me a real producer; 25 years as a lawyer in large and small firms, showed me the realities of practice; not-for-profit experience taught me good governance and to listen to, and balance, competing interests.  This is the background that I believe will make me an effective bencher.

In considering the issues and in speaking to lawyers across the province to prepare to run for this office, two common concerns have emerged: the need for more relevant training for recent graduates and the continuing lack of access to justice.  In addition, lawyers from outside of Toronto want to be heard.  Those in small firms do not want unnecessary regulation.  Those in smaller communities face the greying of the bar without a succession plan.  Many are concerned about the role of women.

If elected, I will:

  • support initiatives to increase entry-level skills.
  • actively work on increasing funding to legal aid and support limited retainers.
  • be responsive to lawyers from all areas and practices in the province.
  • support opportunities to introduce lawyers to small-town practices and take active steps to retain women in private practice.
  • be wary of over-regulation.

Ensuring Competence

Too many graduates emerge from law school without the substantive skills required to practise law.  The Law Society’s Bar Admissions requirements, disciplinary proceedings and mandatory CLE support a competent profession. But the Law Society, and the law schools, must take additional steps to ensure a minimum standard of competence in the profession starting from the initial stages of a lawyer’s career.  Basic skills training should not be left to the employing law firm or to new lawyers themselves. The current hit-and-miss approach does not serve the interests of graduates, who have spent considerable time and money obtaining their degrees; it does not address the interests of the profession and it puts the public at risk. Higher standards are a must.

Providing Access to Justice through Legal Aid and Limited Retainers

Most middle and low-income people cannot afford lawyers. With self-represented litigants, the hearings are typically longer and more costly to the system and the opposing party than if another lawyer had been involved. The Law Society must continue to create and encourage opportunities for pro bono representation.  Most importantly, it must work to increase funding to legal aid to avoid the costs, delay and injustice that too often accompany self-representation. I have had requests to work on limited retainers and have successfully defended a professional on that basis. I support limited retainers, with appropriate safeguards for lawyers who undertake them, as another means to increase access to justice.

Fostering an Inclusive Approach

With small town roots, I understand the sense of marginalization that can come when those outside the affected community make the decisions.  Our profession serves a broad range of clients in towns and cities throughout the province. I have seen this diversity in practices through:  helping to bring to cities across Ontario an Advocates Society/local law association CLE programme (Court House Series); volunteering as pro bono legal counsel for the Law Society; and working in small and large firms.  The effects of the Law Society’s decisions are as varied as the affected practices and I will consider them in every instance.

Greying of the Bar

The greying of the bar is an access to justice issue in smaller communities.  Law Society efforts, such as the recent job fairs, to introduce young lawyers to lifestyle and career opportunities in these smaller towns are a good start. I welcome the opportunity to work with local benchers to identify further initiatives to address this problem.

Retaining the Disappearing Sex

I have sadly watched the departure of too many good women lawyers from practice for a variety of reasons. I applaud the work of our Treasurer, Laurie Pawlitza, and her fellow benchers in producing the recommendations for the Retention of Women in Private Practice.  I look forward to being part of the implementation of those recommendations.

If you share my concerns, if you want a bencher who will respond, vote Barb Murchie.

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