profes 3urihvsional development and competence division ... · priya bhatia, bsc llb, executive...

1

Profes

Professional Development and Competence Division

2018 Program and Resource Report

For Information

Committee Members:

Peter Wardle (Chair) Jacqueline Horvat (Vice-Chair)

Anne Vespry (Vice-Chair) Jack Braithwaite

Christopher Bredt Dianne Corbiere Teresa Donnelly

Howard Goldblatt Joseph Groia

Michelle Haigh Barbara Murchie

Andrew Spurgeon Catherine Strosberg

Sidney Troister

Authored By:

Priya Bhatia, BSc LLB, Executive Director

Professional Development & Competence

416-947-3466

[email protected]

February 2019

Tab 11

Convocation - Professional Development and Competence Committee Report

737

2

PROFESSIONAL DEVELOPMENT AND COMPETENCE

2018 PROGRAM AND RESOURCE REPORT

Professional Development and Competence Division ................................................... page 3

Licensing and Accreditation

Lawyer Licensing Process ......................................................................................... page 4

Paralegal Licensing Process ..................................................................................... page 5

Certified Specialist Program .................................................................................... page 6

Practice Supports and Resources

Coach and Advisor Network .................................................................................... page 7

Practice Management Helpline ............................................................................... page 8

Great Library

Legal Research ......................................................................................................... page 9

Remote Access Services ........................................................................................... page 10

Corporate Records and Archives

Records Retention and the Law Society’s History ................................................... page 11

Continuing Professional Development

CPD Programs .......................................................................................................... page 12

Quality Assurance

Spot Audit Program ................................................................................................. page 13

Lawyer Practice Review Program ............................................................................ page 14

Paralegal Practice Audit Program ............................................................................ page 15

Competence Activities - By The Numbers ...................................................................... page 16


738

3

PROFESSIONAL DEVELOPMENT AND COMPETENCE DIVISION

The Professional Development and Competence (PD&C) Division of the Law Society is responsible

for all activities relating to licensing, continuing professional development, practice management

support and quality assurance for lawyers and paralegals.

PD&C is made up of the Office of the Executive Director and five areas that support the policy

development and operational implementation for all of the Law Society's competence related

activities, services, products and programs.

The Office of the Executive Director continues to provide strategic leadership in these areas. In

2018, staff in the Office of the Executive Director engaged in various cross-divisional or cross-

departmental work to support a variety of initiatives. Staff conducted research, analysis, planning,

implementation and reporting pertaining to the Family Law Action Plan and a family legal services

licence, the Pathways to the Profession Pilot Project, the Dialogue on Licensing, and the evolution of

our Practice Management Resources.

This report provides information about core PD&C programs and resources in each of the five areas

in PD&C outlined below.



Great Library and Corporate Records

and Archives


Quality Assurance

Entry-level competence

Continuing competence


739

4

LAWYER LICENSING PROCESS

WHAT WE DO We ensure that lawyer licensing candidates have

demonstrated that they possess the required entry-level

competencies in order to provide legal services

effectively and in the public interest.

The Lawyer Licensing Process consists of a Barrister

Licensing Examination and a Solicitor Licensing

Examination; experiential training (articling or Law

Practice Program/Programme de pratique du droit); and

a good character requirement.

In December 2018, and after a comprehensive analysis

of the lawyer licensing process, Convocation approved

the current model that retains both experiential training

pathways, with significant enhancements. See Dialogue

on Licensing for more information.

DID YOU KNOW…? 30% of newly registered licensing candidates were

internationally educated and accredited by the National Committee of Accreditation, and 70%

graduated from an approved Canadian law school.

The Law Society of Ontario had the first

psychometrically validated legal professional

licensing examination process in Canada; the

process has been in place for over a decade.

There are approximately 4,500 lawyer candidates

enrolled in the licensing process at any given time.

10% more lawyers were licensed in 2018 than in

2017.

The Law Society of Ontario continues to lead in the area of lawyer and paralegal

assessment protocols, both nationally and internationally.

2018 2,559 new candidates registered

6,202 total writes of the Barrister and the Solicitor Licensing Examinations

3 sittings of each of the Barrister and Solicitor Licensing Examinations in Toronto

6 sittings of each of the Barrister and Solicitor Licensing Examinations outside of Toronto

2,080 candidates started an articling placement

252 candidates enrolled in the 2018-19 Law Practice Program/Programme de pratique du droit

2,389 new lawyers called to the bar at 5 ceremonies in Toronto, London and Ottawa



740

https://lso.ca/becoming-licensed/lawyer-licensing-process

https://lsodialogue.ca/

https://lsodialogue.ca/

5

PARALEGAL LICENSING PROCESS

WHAT WE DO We ensure that paralegal licensing candidates have

demonstrated that they possess the required entry-level

competencies, in order to provide services effectively

and in the public interest.

The Paralegal Licensing Process consists of a Paralegal

Licensing Examination and good character requirement.

To qualify for admission to the paralegal licensing

process, an applicant must have graduated from a Law

Society accredited paralegal education program.

DID YOU KNOW…?

The Law Society implemented a revised Paralegal

Education Program Accreditation Policy in 2015.

The revisions to the Policy introduce more rigorous

requirements and articulate more specific standards

as a means of enhancing the Law Society’s oversight

of paralegal education programs.

The Law Society has worked with college

administration to ensure all programs have

demonstrated compliance with the new Policy and

continues to monitor paralegal education programs

through accreditation processes and audits.

A recent report to Convocation highlights protocols

and outcomes of the paralegal licensing process.

See Paralegal Licensing Update: Accreditation,

Audit and Licensing Examination Protocols and

Outcomes (June 2018).

The Law Society of Ontario is at the forefront of professional licensing and

accreditation and is currently the only legal authority in Canada that regulates

paralegal licensure and training in the public interest.

2018 1,416 new candidates registered

3 applications for accreditation of new paralegal education programs

30 accredited paralegal education programs

7 audits conducted of accredited paralegal education programs

1,376 total writes of the Paralegal Licensing Examination

3 sittings of the Paralegal Licensing Examination in Toronto

931 new paralegals licensed

2 welcome receptions for new paralegals



741

https://lso.ca/becoming-licensed/paralegal-licensing-process/paralegal-education-program-accreditation

https://lawsocietyontario.azureedge.net/media/lso/media/about/convocation/convocation-june28-paralegalstandingcommitteereport.pdf



6

CERTIFIED SPECIALIST PROGRAM

WHAT WE DO The Certified Specialist Program assists members of the

public to identify lawyers who can meet their needs for

specialist legal assistance.

The program is governed by the Certified Specialist

Board. Lawyers seeking a certified specialist

designation must submit a detailed application,

references, and other supporting documentation to

demonstrate their eligibility.

Each area of specialization is extensively developed

with support by lawyers recognized as exemplars within

the practice areas chosen for the program. The Law

Society also seeks out specialists to support periodic

review of the standards. These features help ensure the

experiential requirements of the program are relevant

for assessing an applicant’s eligibility for certification.

DID YOU KNOW…?

Work is underway to implement a taxation law

specialization by the end of 2019.

Only those certified by the Law Society may refer to

themselves as specialists in their advertising and be

included in the Law Society's Directory of Specialists.

Certification informs the public that they are being served by lawyers who are

highly experienced professionals that have achieved high standards in their

areas of practice.

2018 787 lawyers have achieved 901 specialist designations

2% of practising lawyers are Certified Specialists

16 areas of specialization

Highest number of specialists in the areas of civil litigation, criminal law, family law, and citizenship and immigration law

57% of Certified Specialists practise in Toronto

43% of Certified Specialists practise outside of Toronto

40% of Certified Specialists are sole practitioners or work in a firm of 5 or fewer lawyers

26% of Certified Specialists are sole practitioners



742

https://lso.ca/lawyers/about-your-licence/manage-your-licence/certified-specialists

7

COACH AND ADVISOR NETWORK

WHAT WE DO Since 2016, the Coach and Advisor Network has been

providing lawyers and paralegals with access to shorter-

term, outcome-oriented relationships with Coaches and

Advisors drawn from the professions. Coaches support

the implementation of best practices and Advisors assist

with substantive and procedural law inquiries on client

files.

In 2108, CAN has been focused on improving its

matches through the implementation of a new

database and new forms. In addition, CAN has created

enhanced multi-media paths for self-study which will be

easily accessed through CAN’s new volunteer-only

Resource Hub.

In-person coaching workshops and outreach

presentations continue to be offered across the

province to create awareness and build the roster of

volunteers and supporters.

DID YOU KNOW…?

CAN is launching a new coach-approach, “Define

Success Series” to support licensees in goal-setting,

resiliency and staying on track throughout the year.

CAN is building a digital library of critical resources,

this past year adding new on-demand programs

including one responding to Frequently Asked

Questions, one on Paralegal Practice, and another

focused on helping volunteers to identify and

respond to mental health and addiction issues.

Participants have reported that connecting with other licensees through the

Coach and Advisor Network has helped them navigate “uncharted waters” and

increased their confidence in their own abilities.

2018 519 matches with a Coach or Advisor

237 volunteer Coaches and Advisors

95% of participants are sole and small firm practitioners

79% of volunteers are sole and small firm practitioners

25% of coaching requests are unique inquiries designed to support the individual participant

Top requests for time with a Coach have pertained to Opening a Practice (39%) and Client Service (13%)



743

https://lso.ca/lawyers/practice-supports-and-resources/coach-and-advisor-network

8

PRACTICE MANAGEMENT HELPLINE

WHAT WE DO The Practice Management Helpline is a confidential

telephone service that answers questions about the

Rules of Professional Conduct, the Paralegal Rules of

Conduct, and other professionalism and practice

management topics. The Helpline provides “just in time”

guidance and information to enable callers to make

informed decisions, often at a critical juncture in a file or

in their practices.

Helpline counsel and representatives currently support

over 130 Law Society of Ontario practice management

and professional responsibility resources. These

resources include Practice Management Guidelines,

Practice Guides, Frequently Asked Questions, checklists,

articles and other tools.

DID YOU KNOW…? User data indicates that the Helpline is accessed

primarily by licensees working as sole practitioners

or in small firms.

Convocation approved significant enhancements to

the Practice Management Helpline in October 2018,

to be implemented over the next three years.

The enhancements include: improving access to the

Helpline, enhancing service levels within the current

mandate, extending the scope of the service, and

increasing the profile of the Helpline. See

Enhancement of the Practice Management Helpline

Report to Convocation (October 2018).

One of the Law Society’s most popular resources, Technology Practice Tips, is a

series of 50 podcasts offering a practical and convenient way to learn about the

latest technology topics such as cloud computing, remote access, encryption,

technology jargon, smartphone security and much more.

2018 8,363 licensee calls for competence support

4% more calls were received by the Helpline in 2018 than in 2017

20% of lawyer calls deal with conflicts of interest and/or trust accounts

The most common areas of practice for lawyers who called the Helpline were real estate (24%), civil Litigation (18%) and family law (18%)

16% of calls from paralegals are about scope of practice

The most common areas of practice for paralegals who called the Helpline were Small Claims Court (40%), Provincial Offences Act (20%) and landlord/tenant (18%)



744

https://lso.ca/lawyers/practice-supports-and-resources/topics

https://lso.ca/lawyers/practice-supports-and-resources/topics

https://lawsocietyontario.azureedge.net/media/lso/media/about/convocation/2018/convocation-professional-development-and-competence-committee-report-october26-2018.pdf

https://lawsocietyontario.azureedge.net/media/lso/media/about/convocation/2018/convocation-professional-development-and-competence-committee-report-october26-2018.pdf

https://lso.ca/paralegals/practice-supports-and-resources/topics/technology-practice-tips

9

LEGAL RESEARCH

WHAT WE DO We support research and information needs of Law

Society licensees and staff. While the Great Library is

the Law Society’s primary legal research resource for

paralegals, lawyers also use the Great Library’s services

through their local law associations.

Lawyers and paralegals access the Great Library’s large

print collection and electronic databases, as well as

electronic resources available from within the library on

the Great Library and licensees’ personal computers.

DID YOU KNOW…? While we live in an increasingly digital world, books

remain a key part of the Great Library’s collection.

When a book is used in the law library, it is scanned

by staff before it is put back on the shelf so we can

track whether books are being used, and which

subject matters are most popular.

Library orientation tours are offered for law firm

summer students, articling/LPP students, and new

Law Society licensees from May through September.

Tours provide information about services and

extensive information resources, including free

online databases.

The library has been focused on optimizing the

physical space to provide more research space for

licensees in recent years. The library now has two

meeting rooms to allow licensees to meet with

clients.

The Great Library serves licensees, candidates in the licensing processes, law

students, law clerks, law librarians and others who are working for licensees. The

library is also open to the public.

2018 23,070 legal research questions

10% more legal research questions than in 2017

60 hours of reference support each week

17,200 library books used

Collections on Constitutional law, civil litigation, and commercial law are the most heavily used

Great Library


745

10

REMOTE ACCESS SERVICES

WHAT WE DO Our mobile app has been available for three years. The

app can be downloaded from the iTunes and Google Play

stores, allows researchers to search a wide variety of

resources, including the library’s Advocat catalog and

CPD materials made available over the library-powered

AccessCLE.

DID YOU KNOW…? AccessCLE is a full-text, searchable website of

articles and materials from Law Society continuing

professional development programs. The collection

is free to access and download in PDF format and

extends back to 2007. Licensees can use AccessCLE

to get a quick update on practice area topics right

from their desks.

The Great Library implemented EZ Proxy in 2018,

which allows us to ensure that the databases the

library licenses are used only by the audiences

allowed by the subscription.

The Great Library has shared information through its blog, Know How, for more

than two years. This blog was a winner of the 2017 Clawbie — Canadian Law

Blog award – for new law blogs.

2018 7,000 searches on the Great Library mobile app

25% of searches result in a researcher downloading a file

96,110 visits to AccessCLE

36,000 electronic pages sent to licensees

3,500 electronic pages sent through law associations

60 books loaned to law associations

Great Library


746

https://greatlibrary.blog/

11

RECORDS RETENTION AND THE LAW SOCIETY’S HISTORY

WHAT WE DO We manage the life-cycle of business documents

generated by the Law Society, including managing the

retention policy and processes of corporate documents.

The Archives team oversees documents and other

artifacts of historical significance to the Law Society and

Ontario’s legal professions.

In 2018, Corporate Records and Archives worked with

Law Society Information Technology staff and a third-

party software vendor to implement the Law Society’s

first true records management application. It will allow

records management staff to apply records retention

schedules to relevant electronic corporate documents.

DID YOU KNOW…?

Corporate Records and Archives began using social

media in 2009 when it opened a Flickr site as a

means of sharing historic photographs in its

collection.

Over the years, the department has added

Facebook, YouTube and Instagram accounts in order

to promote the Law Society’s archives, its holdings,

and Ontario’s legal history.

2018 5,300 images posted on Flickr

408,000 views on Flickr

Followers of its Instagram account has tripled over the past year

YouTube views has increased by 600 over last year

Facebook “likes” continue to grow

Corporate Records and Archives

The Archives team's Flickr account is part of the Flickr Commons, a

specialized area focused on galleries, libraries, archives, museums, and

governmental institutions.


747

https://www.flickr.com/commons/institutions/

12

CPD PROGRAMS

WHAT WE DO Continuing Professional Development (CPD) helps

licensees maintain and improve their competence to

practice law or provide legal services to the public. We

develop and offer peer-led professional education

programming on a wide variety of substantive and

professionalism topics. Through live and archived

programs, and written materials, licensees engage with

knowledgeable practitioners to learn the about the latest

developments and effective approaches for their work.

Content relating to ethical concerns, practice management

and professional responsibility is a prominent component

of Law Society programming. Licensees can access this

content by attending programs on specific professionalism

topics or by attending substantive sessions that integrate

relevant professionalism topics.

DID YOU KNOW…?

Demand for shorter programs, professionalism content

and archived content has been increasing in recent

years.

In accordance with the Law Society’s Strategic

Priorities, we have been engaging with experienced

legal practitioners to derive practice area competencies

to support a curriculum-based approach to continuing

competence.

The new 3-hour Equality, Diversity and Inclusion e-

Course is scheduled for release at the end of March

2019.

CPD ended 2018 with a unique, joint program with Concussions Canada. A

multi-disciplinary program with speakers from the medical field, lawyers,

insurers, judges and workplace compensation authorities informed

registrants about the latest developments in this growing area.

2018 133 CPD programs

88 live programs

43 replays

1 pre-recorded program

1 interactive self-paced e-Course

51,533 registrations for CPD programs

35,237 registrations for full-priced programs

15,580 registrations for $25 or $50 programs

36% more registrations for $25 or $50 programs than in 2017

Average number of registrants per program is 396



748

13

SPOT AUDIT PROGRAM

WHAT WE DO Spot Audit is a proactive quality assurance program that

assesses a law firm’s compliance with the Law Society’s

financial record-keeping requirements. Law firms are

selected for an audit based on approved risk criteria.

Risk criteria are periodically reviewed to ensure

continuing relevance and effectiveness. Some of the

risk criteria include firm size, area of practice and newly

formed practices. The audit cycles are informed by risk

criteria: Sole practitioners and two-lawyer firms with a

real estate practice are audited every 5 years, other

sole practitioners and small firms are audited every 7

years, and mid-sized and large-sized firms are audited

every 10 years.

DID YOU KNOW…? Quality Assurance staff have been involved in a

number of outreach initiatives that have had a

cumulative positive impact on making licensees

more aware of the importance of effective practice

management processes in their firm and for their

clients.

Sessions on a variety of practice management topics

were held with the Criminal Lawyers’ Association,

OBA Young Lawyers Division, Ontario Paralegal

Association and National Committee on

Accreditation.

The audit and review programs of the Law Society are an integral part of the

Law Society’s quality assurance activities in the public interest. The programs

are making a measurable impact on law practices and legal services practices,

contributing to the sustainability of sole and small firms.

2018 1,387 spot audits

51% of law firms had either minor or no books and records’ deficiencies

35% of law firms had deficiencies that were readily remediated to the Law Society’s satisfaction through our monitoring process

14% of law firms had serious books and records deficiencies

~100% of lawyers selected for an audit report extremely high approval ratings for both the auditors and the overall experience

Quality Assurance


749

14

LAWYER PRACTICE REVIEW PROGRAM

WHAT WE DO The Lawyer Practice Review Program addresses an

individual lawyer’s practice management activities. It

ensures that practitioners meet expected competence

standards and identifies areas for improvement in

managing the lawyer’s practice.

Since 2009, the program has been comprised of

random reviews (lawyers who were called within the

past 8 years), focused reviews (lawyers selected for a

review due to cause) and re-entry reviews (lawyers re-

entering private practice as a sole practitioner or in a

small firm after 5 years).

DID YOU KNOW…? Practice reviewers provide practical suggestions on

how to maintain practice at optimal levels, leading

to greater efficiencies, high quality service and

greater lawyer and client satisfaction.

100% of lawyers that underwent a practice review

responded that they found the process to be

constructive and valuable to managing their

practice.

2018 523 lawyer practices underwent a practice review

70% of initial reviews met standards of professional competence

30% of initial reviews required a follow up review

99% compliance rate with Law Society competence standards for all reviews conducted since 2007

Quality Assurance

KEY PRACTICE MANAGEMENT DEFICIENCIES - LAWYERS 2009 vs 2018

0

20

40

60

80

100

2009 2018


750

15

PARALEGAL PRACTICE AUDIT PROGRAM

WHAT WE DO Since 2009, the Paralegal Practice Audit program has

conducted approximately 200 audits per year.

Practice Audits are combined financial audit and

practice management reviews conducted on paralegal

practices.

DID YOU KNOW…? The types of practice management deficiencies

found in paralegal practices are similar to those

found in lawyer practices.

Given that paralegal practice audits are a combined

review of financial and practice management best

practices, it is common for practice reviewers to find

some deficiencies in a paralegal practice during an

initial practice audit. In the majority of cases, the

deficiencies are remediated through a follow-up

visit.

The percentage of practice management

deficiencies in most areas has declined over time.

2018 222 paralegal practices underwent a practice audit

37% of initial practice audits met standards of professional competence

63% of initial practice audits required a follow up audit

88% compliance rate with Law Society competence standards for all paralegal audits conducted since 2008

94% of paralegals who have participated in a practice audit have found the process to be constructive and valuable

Quality Assurance

0

20

40

60

80

100

2009 2018

KEY PRACTICE MANAGEMENT DEFICIENCIES - PARALEGALS 2009 vs 2018


751

16

Competence Activities – By the Numbers

2018

2,389 Lawyers Licensed

931 Paralegals Licensed

519 Matches with a Coach or

Advisor

8,363 Practice

Management Questions

23,070 Legal

Research Questions96,110

AccessCLE Visits

51,533 CPD

Registrants

1,387 Spot Audits

523Lawyer Practice Reviews

222Paralegal Practice Audits


752

profes 3urihvsional development and competence division ... · priya bhatia, bsc llb, executive...

Documents