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the
president’s
view
Photo by Mike Dembeck
The A2J Imperative
Everybody is talking about access to justice these days.
What does it mean to you? I would venture to guess there
are very different answers to that question, depending on
whether you are a lawyer, a judge or a member of the public. For
me, access to justice is about Nova Scotians being able to get
the information, advice and guidance they need to be able to
make the best informed decisions they can to resolve their legal
problems.
That does not necessarily mean the court system. That does
not necessarily mean lawyers. In fact, research teaches us that
the majority of citizens do not go to lawyers to get legal advice,
but look elsewhere. Indeed, many use the services of the “first
responders” – community organizations. Nova Scotians consult
social workers, immigrant advisers, shelter personnel and others
for legal information and advice, for direction as to how to
navigate the legal system. This is because most of them simply
cannot afford the cost of legal services provided by lawyers.
Why should the regulator be so concerned about access to
justice? Because all law societies in Canada regulate the practice
of law in the public interest. It is in the public interest to have
legal services accessible to as many Nova Scotians as possible
who need them. The Society has identified access to legal
services as one of its key strategic directions over the next couple
of years, with a key focus on equity-seeking and economically
disadvantaged groups.
We are collaborating with community organizations and other
partners in the justice system (the courts, the Department of
Justice, CBA-NS) to advocate for enhanced legal services. We feel
we have an obligation to lead the charge (where appropriate),
facilitate conversations amongst the various stakeholders, share
information and keep the spotlight on the need for this issue to
be addressed.
We are not alone in this endeavour. We partner with other law
societies and other organizations to make our impact greater. We
provide information and hold workshops to help the profession
understand what type of service is needed and by whom, and to
promote creativity and innovation in the practice of law. These
are just a few questions we ask ourselves:
• Do we need more pro bono clinics that offer summary
legal advice or do we need to develop a model that
provides for ongoing coaching of self-represented
litigants, so they can make informed decisions as to
how to move forward with their legal matters?
• Do we need to modify our practices and our fees
in order to capture more of that untapped market of
potential clients out there?
• How do we get information and advice to people
in a timely way so they can resolve their legal issues
themselves, without recourse to the courts?
As the regulator, we feel we have an obligation to change our
regulatory model so that you, the legal practitioner, can rethink
how you deliver legal services in the future. We have already
started down this path. We very much look forward to engaging
you in discussions as to what regulatory model you think would
best enable us to deliver legal services to a greater number of
Nova Scotians, both now and well into the future.
Tilly Pillay QC
President
Fall 2014 5