In other words, the management structure of law societies has been obsolete for as many decades
as the unaffordable legal services problem has existed.
And
as the unaffordable legal services problem grows smaller, the NSRLP should willingly evolve to provide the legal profession's counterpart to the family doctor's sorting and triage service for the medical profession's sophisticated infrastructure of mutually interdependent support services — the NSRLP staff explaining how troubles contain legal problems, that very often are not apparent to the average person, and then finding the right lawyer and legal service for every person asking for its help.
And law societies don't have a government - type civil service to provide the necessary continuing expertise for solving such problems
as unaffordable legal services.
Closely related would be a national institute for advising law societies how to deal with major problems such
as the unaffordable legal services problem which afflicts the majority of the population.
Not exact matches
But strong pressure to do so will exist in times of economic downturns,
as the
legal profession is now facing by reason of the problem of
unaffordable legal services.
As a result, the A2J problem of unaffordable legal services is inevitable because law firms do not have the necessary high degree of specialization and volume of production that produce the economies - of - scale necessary to maintain legal services as affordabl
As a result, the A2J problem of
unaffordable legal services is inevitable because law firms do not have the necessary high degree of specialization and volume of production that produce the economies - of - scale necessary to maintain
legal services as affordabl
as affordable.
Obfuscation of law society responsibility for affordability
as the cause of the
unaffordable legal services problem?
For further details see (pdf downloads): (1) «Access to Justice —
Unaffordable Legal Services» Concepts and Solutions»; (2) «The Technology of Centralized
Legal Research Can Solve the
Unaffordable Legal Services Problem»; (3) «Access to Justice — Canada's
Unaffordable Legal Services — CanLII
as the Necessary Support
Service»; (4) «A2J: Preventing the Abolition of Law Societies by Curing the Defects in their Management Structure: A Solution to the
Unaffordable Legal Services Problem»; (5) «A2J: «Let Them Eat Cake,» So Let Them Use Alternative
Legal Services»; (6) Indexing; (7) Sometimes Laws are Too Important to be Left to Lawyers — Lawyers Without Technical Support,» (Slaw January 28, 2016), and other access to justice (A2J) articles on my SSRN author's page, and Slaw author's page.
As a result, these alternative programs will gradually become permanent i.e., the law societies» complete answer to the
unaffordable legal services problem.
And that is why the innovation for individual law firms
as financed by ABSs will not end the
unaffordable legal services problem.
In August, 2013, I sent a detailed paper explaining all of that to CanLII's Board of Directors, and also to many of LSUC's benchers; see: «Access to Justice — Canada's
Unaffordable Legal Services — CanLII
as the Necessary Support
Service» (pdf).
It provides a solution to the
unaffordable legal services problem in Canada («the problem»), so
as to: (1) maintain law society management structures
as they are; (2) fulfilling their duties in law to make
legal services adequately available; and thus, (3) law societies can avoid being abolished.
As an exception to the universally accepted view that law society committees are «all form and no substance» in regard to the «unaffordable legal services problem» («the problem»), there is one Law Society of Upper Canada (LSUC) committee that has produced a Discussion Paper that has great substance, although some ingrates are so inconsiderate as to say that it's not «the right stuff»; see: Alternative Business Structures and the Legal Profession in Ontario: A Discussion Pape
As an exception to the universally accepted view that law society committees are «all form and no substance» in regard to the «
unaffordable legal services problem» («the problem»), there is one Law Society of Upper Canada (LSUC) committee that has produced a Discussion Paper that has great substance, although some ingrates are so inconsiderate as to say that it's not «the right stuff»; see: Alternative Business Structures and the Legal Profession in Ontario: A Discussion P
legal services problem» («the problem»), there is one Law Society of Upper Canada (LSUC) committee that has produced a Discussion Paper that has great substance, although some ingrates are so inconsiderate
as to say that it's not «the right stuff»; see: Alternative Business Structures and the Legal Profession in Ontario: A Discussion Pape
as to say that it's not «the right stuff»; see: Alternative Business Structures and the
Legal Profession in Ontario: A Discussion P
Legal Profession in Ontario: A Discussion Paper.
Therefore, it would be a serious mistake if the law societies were to continue to act and write publically
as though the cause of the problem of
unaffordable legal services is not the present method of delivering those
services.
I've published this «CanLII solution» to the
unaffordable legal services problem in more detail,
as a paper on the SSRN network (the Social Science Research Network), which provides free downloads, and also
as a shorter blog post on Slaw.
Support
services like LAO LAW are necessary: (1) to solve the
unaffordable legal services problem that is shrinking the
legal profession; (2) to provide
legal research materials and
services as good and easily available
as they are anywhere else; (3) to ease the difficulties of sole practice, particularly in remote areas; and, (4) to reduce the claims LAWPRO has to pay for.
It can not be said,
as the Law Society of Upper Canada's history of failing to act would imply, that the
unaffordable legal services problem is an exception to such duties.
If ABSs in any form are legalized (
as LSUC legalized the so - called «charity ABSs» at its September meeting last month), then all such producers should be allowed to similarly bring relief to the problem of
unaffordable legal services, including the commercial producers, and all forms of ABSs.
«Decisions concerning: (1) the problem of
unaffordable legal services and its consequences to the population; (2) the great power of instant and wide - spread communications provided by the internet, the social media, and the news media in dealing with those consequences; (3) the self - regulation debate; and, (4) all matters
as significant
as the regulation of the provision of
legal services by other professions, should each be considered
as to their impact upon the other three.
See: Ken Chasse, Access to Justice - Canada's
Unaffordable Legal Services - CanLII
as the Necessary Support
Service; and a much shorter Slaw blog version, CanLII
as the Solution to the
Unaffordable Legal Services Problem, Oct. 24, 2013.
See my papers on Slaw: (1) «
Legal Advice Services Can not be Automated by Alternative Business Structures,» October 10, 2014; (2) «CanLII as the solution to the unaffordable legal services problem,» October 24, 2013; (3) «LSUC's Worrisome ABS Proposals,» November 25,
Legal Advice
Services Can not be Automated by Alternative Business Structures,» October 10, 2014; (2) «CanLII as the solution to the unaffordable legal services problem,» October 24, 2013; (3) «LSUC's Worrisome ABS Proposals,» November 2
Services Can not be Automated by Alternative Business Structures,» October 10, 2014; (2) «CanLII
as the solution to the
unaffordable legal services problem,» October 24, 2013; (3) «LSUC's Worrisome ABS Proposals,» November 25,
legal services problem,» October 24, 2013; (3) «LSUC's Worrisome ABS Proposals,» November 2
services problem,» October 24, 2013; (3) «LSUC's Worrisome ABS Proposals,» November 25, 2014.
So the more the committees change, the more things stay the same,
as does the
unaffordable legal services problem, except that the percentages of self - represented litigants are getting larger,
as is the majority that can not afford
legal services.
See my Slaw blog article, «CanLII
as the Solution to the
Unaffordable Legal Services Problem» (October 24, 2013).
Blame law societies for the
unaffordable legal services problem because: (1) everything they do in regard to the problem is aimed at helping the public get used to living with the problem, such
as promoting «alternative
legal services,» but nothing is done to try to solve the problem; and, (2) law societies do not sponsor the innovations necessary to make
legal services affordable again.
These great successes prove that the «
unaffordable legal services problem» can be solved with the power of a collectively
as represented by a law society, rather than attempting to do so by way of the very limited powers and resources of individual law firms negotiating with high - powered investors.
But the problem of
unaffordable legal services is caused by the high cost of
legal advice
services, not by routine
legal services such
as simple real estate deals, divorces, and incorporations.
If such lawyer / client interactions offer greater «value» (value defined
as specific, tailored advice and solutions addressing the unique and nuanced reality of any one client's situation) then the perception that such
legal services are
unaffordable can, arguably, be challenged.
As I have written before (on the SSRN), it is this third duty that law societies refuse to accept —
unaffordable legal services is their problem to solve, and it is their fault that it exists.
An example is
legal research as done in the law office, in contrast to the way legal research can be done in a highly specialized, high volume support service such as LAO LAW; see: Access to Justice — Unaffordable Legal Services» Concepts and Solutions» (sections 8 - 10 (pp. 41 - 81)(SSRN, August, 2017,
legal research
as done in the law office, in contrast to the way
legal research can be done in a highly specialized, high volume support service such as LAO LAW; see: Access to Justice — Unaffordable Legal Services» Concepts and Solutions» (sections 8 - 10 (pp. 41 - 81)(SSRN, August, 2017,
legal research can be done in a highly specialized, high volume support
service such
as LAO LAW; see: Access to Justice —
Unaffordable Legal Services» Concepts and Solutions» (sections 8 - 10 (pp. 41 - 81)(SSRN, August, 2017,
Legal Services» Concepts and Solutions» (sections 8 - 10 (pp. 41 - 81)(SSRN, August, 2017, pdf.
Law societies don't serve the public interest
as long
as they don't try to solve «the
unaffordable legal services problem.»
Their major problems, such
as the current, extremely misery - causing national
unaffordable legal services problem, require expertise that lawyers themselves do not have.
And therefore, the solution to the currently massively damaging «access to justice» problem of
unaffordable legal services, is to make CanLII as good a national support - service as LAO LAW is for Ontario's legal aid lawyers — see: (1) my Slaw blog of Oct. 24th; (2) my Comment to Monica Goyal's Slaw post of Nov. 25th: «Access to Justice: Courts and Technology: A Twitterchat»; and, (3) my Comment to Monica Goyal's Slaw post of Nov. 4th: «Innovation and the Legal Profession: A Twitter Chat.&r
legal services, is to make CanLII
as good a national support -
service as LAO LAW is for Ontario's
legal aid lawyers — see: (1) my Slaw blog of Oct. 24th; (2) my Comment to Monica Goyal's Slaw post of Nov. 25th: «Access to Justice: Courts and Technology: A Twitterchat»; and, (3) my Comment to Monica Goyal's Slaw post of Nov. 4th: «Innovation and the Legal Profession: A Twitter Chat.&r
legal aid lawyers — see: (1) my Slaw blog of Oct. 24th; (2) my Comment to Monica Goyal's Slaw post of Nov. 25th: «Access to Justice: Courts and Technology: A Twitterchat»; and, (3) my Comment to Monica Goyal's Slaw post of Nov. 4th: «Innovation and the
Legal Profession: A Twitter Chat.&r
Legal Profession: A Twitter Chat.»
The problem of
unaffordable legal advice
services is inevitable only if lawyers want it to be inevitable, and only
as long
as governments and public opinion allow it to remain.
Just
as a bicycle can not be made to perform like a motor vehicle by adding a motor or any other improvements, the problem of
unaffordable legal services can not be solved by adding competition or any other improvement to the current method of producing
legal services.
See: «Access to Justice — Canada's
Unaffordable Legal Services Problem — CanLII
as the Necessary Support
Service.
If matters remain
as they are now, the
unaffordable legal services problem will never be solved.