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.
So problems
like unaffordable legal services, and the very poor «legal health and knowledge» of the Canadian population, are left to get worse, decade after decade.
But the law societies have failed to be proactive
about unaffordable legal services, but they are in regard to the much less serious problem of incompetent and unethical lawyers.
To best serve self - represented litigants (SRL's): (1) define the problem of
unaffordable legal services accurately; (2) determine the exact cause of the problem; and then, (3) devise a feasible, effective solution.
Law society benchers are part - time because they are practicing lawyers, and they are «amateurs» because the major problems of law societies, such
as unaffordable legal services, are not legal problems.
This article, «Access to Justice —
Unaffordable Legal Services» Concepts and Solutions,» (pdf) deals with the cause and the solution to the unaffordable legal services problem, and the responsibility of Canada's law societies for that cause.
Law societies are the cause of
the unaffordable legal services problem.
(3)
the unaffordable legal services problem, i.e., the majority of the population can not afford a lawyer's advice, therefore they must go to court unrepresented by counsel.
Malcolm your favorite solution, alternate business structures (ABSs), they can not solve
the unaffordable legal services problem because they propose no change in the method of producing legal services.
The law societies are doing nothing to solve
the unaffordable legal services problem.
The Committee's Report makes no reference to the impact of
the unaffordable legal services problem upon the court system and its unacceptable levels of delay.
And see: (1) «Access to Justice —
Unaffordable Legal Services» Concepts and Solutions» (SSRN, pdf.
«The Technology of Centralized Legal Research Can Solve
the Unaffordable Legal Services Problem»;
This is the wrong approach to the «access to justice problem of
unaffordable legal services,» because:
See these articles: (1) «Access to Justice —
Unaffordable Legal Services» Concepts and Solutions» (SSRN, August 29, 2017, pdf.)
Support services methods of production are essential to solving the «
unaffordable legal services problem.»
As a result,
the unaffordable legal services problem is inevitable.
But because law societies in Canada have done nothing to try to solve
the unaffordable legal services problem («the problem»), they have undercut their ability to prosecute them for UPL for the reason that such organizations are not themselves licensed lawyers.
Because law society management structure has not changed since its 19th century creation (Monday, July 17, 1797, for LSUC, while the French Revolution still raged, as did Britain's trans - Atlantic slave trade until 1807), law societies are not capable of solving
the unaffordable legal services problem by sponsoring the innovations that would enable law firms to produce affordable legal services.
Therefore, the failure of law societies to take action against a problem the size and duration of
unaffordable legal services, justifies government intervention under the federal government's «trade and commerce» power of s. 91 of The Constitution Act, 1867.
Apps can not cure 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 affordable.
Obfuscation of law society responsibility for affordability as the cause of
the unaffordable legal services problem?
They appear to be an important part of the Law Society of Upper Canada's (LSUC's) response to
the unaffordable legal services problem («the problem»).