of self regulation? - The Law Society of Upper Canada

dishonesty rather than merely excessive billing. 70 This seems to be a fairly low hurdle to
clear, too, since both Hutchinson and Gavin Mackenzie note that virtually no one is
disciplined for charging unreasonable or excessive fees. 71
Every client has the option to have their bill taxed, or reviewed by a court official
for fairness. It should be noted that this is one of the examples of judicial involvement in
the regulation of the profession. Moreover bills which are taxed are overwhelmingly
reduced. 72 It is disconcerting that the most effective method of regulating legal fees is the
one which removes control from the hands of the profession. If consumers can be
guaranteed fair billing only through recourse to the courts, that would seem to be a
significant institutional failure of self-regulation.
9. Self Represented Litigants in Court
Closely related to the problem of rising legal fees and declining access to justice
is the increasing number of self-represented litigants in court. While lawyers’ fees are
rising, funding for legal aid programs has not always kept pace. This disparity means that
a growing number of litigants both fail to meet the threshold income to qualify for legal
aid and yet cannot practically afford a private lawyer. As many commentators have
noted, attempting to represent oneself in court is at best difficult, and in many cases
seems virtually hopeless. 73 While governmental and other public initiatives can be
70 Ibid at 82.
71 Hutchinson, supra note 66; Gavin MacKenzie, Lawyers and Ethics: Professional Responsibility and
Discipline (Toronto: Carswell, 2006) at 25.5a. Hutchinson notes that the discipline process is usually only
engaged “where there is evidence that the lawyer has actually cheated or duped the client” (at 82).
72 See Woolley, “Time for Change,” supra note 55 at 886.
73 The old legal adage that “he who represents himself has a fool for a client and an idiot for a lawyer”
seems cruel in light of the increasing numbers of less-than-willing self-represented litigants in the court
rooms. Putting the point somewhat more gently, Chief Justice McLachlin stated “many Canadian men and
women find themselves unable, mainly for financial reasons, to access the Canadian justice system. Some
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