ARCTIC OBITER

More documents

Recommendations

Info

GOVERNANCE MANDATORY CPD: DOES IT WORK? A recent article by Jordan Furlong, author of the Law21 law blog and frequent contributor to the Arctic Obiter, has stirred the waters on mandatory CPD requirements. The unambiguous article, titled “The MCLE question no one wants to ask”, questions the ability of law societies to effectively measure competency in lawyers, and asks, quite frankly: Does it work? To answer this, we must first look beyond this profession. Mandatory CPD is not new. The majority of recognized self-regulating professions in Canada and around the world have had competency requirements for decades. Doctors, nurses, accountants, engineers and architects abide by similar requirements as those by lawyers. Or vice versa, rather, since it is the legal profession that is seemingly catching up. In these professions, it is almost a given that constant testing, education and reeducation will have a direct impact on the people being served. After all, as medicine changes, so too does treatment; and as building codes change, so too do the architectural drawings. Ben Russo Legal Education Coordinator Law Society of the Northwest Territories Yellowknife Law is not biology, medicine, physics or math, but it does adhere to its own science, sharing the same principles of change and adaptation. As the criminal code changes, so too does the defence lawyer’s case. Similar to other professions, to be a candidate for a legal professional, competency standards in law must be met at multiple gateways before and after graduation. However, unlike other professions, and before CPD programs came into play, a call to the Bar marked the end of competency tests. If law is always changing, evolving and adapting to the times, it’s not too precarious to presume lawyers may become outdated and incompetent. As regulators, we work closely with law schools to develop degree programs befitting the necessities of Canadian law and the requirements of the Canadian public. We require qualified post-graduates to undergo apprenticeships under the direct supervision of experienced lawyers, as well as succeed in institutionally prescribed programs to ensure specific standards of competence are achieved. If that’s not enough, we may also require the applicant to successfully complete extensive exams to prove, absolutely, that they are prepared to provide professional services to the public. Prior to mandatory CPD, once these hurdles were overcome by the now-member, we stopped checking. Yes, we proactively checked with spot audits and peer reviews on occasion and, when discipline matters arose, we analyzed a member’s practice and made 18 ■ MARCH/APRIL 2013 ARCTIC OBITER
suggestions. However, the former was limited and random and the latter was usually too late. With the dawn of mandatory CPD, we as the profession can now say we are doing something about this. We, the self-governing authority, are making an attempt to monitor competency after admittance. The question, again, is does it work? Alan Treleaven, Director of Education & Planning at the Law Society of British Columbia, would say yes. “The primary rationale for mandatory CPD,” he says, “is to proactively encourage lawyers to fulfill their professional responsibility to engage in ongoing professional development.” His Law Society has left the criteria for educational activities relatively open, but has required specific situational programs to target key competencies in some cases. For example, sole practitioners and small firms must participate in an online self-propelled small firm practice course offered by the Law Society (free of charge, of course). Susan Billington, Policy and Program Counsel at the Law Society of Alberta, would also say yes. However, Alberta’s CPD program contrasts the hour-based compliance system in other jurisdictions. In a response to Jordan’s article, Susan identifies her Law Society’s goal for its CPD program as follows: To enhance lawyer competence, and To be accountable to the public for the ongoing professional development and competence of lawyers. “We weren’t convinced that a ‘mandatory minimum hour requirement’ was the road to meeting the goal of enhanced lawyer competence,” she says, citing her Law Society’s philosophy that adult education is most beneficial when it is self-directed and intentional. EMPLOYMENT OPPORTUNITY EXECUTIVE DIRECTOR The Law Society of the Northwest Territories is seeking a highly-motivated and resourceful individual for the position of Executive Director at its office in Yellowknife, NT. Under the direction of the Executive of the Law Society, the Executive Director will be responsible for the management and coordination of all phases of the operation, administration, finances, organization and supervision of the activities of the Law Society, will oversee the Law Society’s responses to all forms of communication from the general public, members of the Law Society, the courts, governments, other law societies and organizations representing lawyers, and others, and will liaison with the law societies of other jurisdictions. The ideal candidate will demonstrate significant management and financial experience, preferably in a position that reports to a board of directors. All candidates must have post-secondary training related to the position. Excellent verbal and written communication skills are required. Salary is commensurate with experience and qualifications. A full job description is available online at www.lawsociety.nt.ca. All interested applicants can submit a résumé and cover letter to: Executive Director Search Committee c/o Law Society of the Northwest Territories 4th Floor, Diamond Plaza 5204 50th Avenue, PO Box 1298, Stn. Main Yellowknife, NT X1X 2N9 Fax: (867) 873-6344 edsc@lawsociety.nt.ca CLOSING DATE: July 1, 2013 We thank all applicants for their interest. Inquiries may be directed to email address above. ARCTIC OBITER MARCH/APRIL 2013 ■ 19
Page 1 and 2: ARCTIC OBITER MARCH/APRIL 2012 VOLU
Page 3 and 4: CBA-NT BAR NOTES ’d like to begin
Page 5 and 6: (CONTINUED FROM PAGE 4) been subjec
Page 7 and 8: MAKING A SPLASH FOR CHARITY Yellowk
Page 9 and 10: WILLS SEMINAR DRAWS A CROWD Yellowk
Page 11 and 12: THANK YOU! The CBA-NT Young Lawyers
Page 13 and 14: CBA INTERVENES AT SCC IN SUMMARY JU
Page 15 and 16: ON TOPIC THE CBA ON THE FUTURE OF T
Page 17: PUBLIC INTEREST HOME BUYING AFTER A
Page 21 and 22: And then there’s the plan. Again,
Page 23 and 24: community, it may not be possible t
Page 25 and 26: ordered - The objectives of a suppo
Page 27 and 28: order was appropriate. ~ CRIMINAL L
Page 29 and 30: causing bodily harm. The accused te
Page 31 and 32: S.C.C. UPDATE HERE IS A SUMMARY OF
Page 33 and 34: NWT LEGISLATIVE UPDATE Kelly McLaug
Page 35 and 36: MEMBER RESOURCES PRACTICE ADVISORS

ARCTIC OBITER

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?