Profes 3URIHVsional Development and Competence Division ... · Priya Bhatia, BSc LLB, Executive...
Transcript of Profes 3URIHVsional Development and Competence Division ... · Priya Bhatia, BSc LLB, Executive...
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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
February 2019
Tab 11
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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
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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.
Licensing and Accreditation
Practice Supports and Resources
Great Library and Corporate Records
and Archives
Continuing Professional Development
Quality Assurance
Entry-level competence
Continuing competence
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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
Licensing and Accreditation
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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
Licensing and Accreditation
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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
Licensing and Accreditation
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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%)
Practice Supports and Resources
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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%)
Practice Supports and Resources
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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
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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
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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.
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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
Continuing Professional Development
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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
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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
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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
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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
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