The legal profession gets a bum rap for being resistant to change. It’s easy to understand why: combine stringent legal training with a strong sense of responsibility for protecting essential social institutions (the Justice System, Rule of Law, etc.) and the inevitable result is a cautiously lengthy period of examination, risk assessment and challenging questions when change is first proposed. However, once adopted, in a relatively short time whatever changed becomes the new “norm,” everyone adapts and life quickly moves on.
Just over a year ago, the courts, lawyers and disputing families braced themselves for the implementation of the new Family Law Act (FLA), which represented a significant change in perspective on family law principles and procedures.
In many ways, B.C. has been a great experimenter in this field, and the FLA has provoked much interest and attention across the country. Despite the long path it took to get the new Act in place, over the past 14 months, judges, lawyers, mediators, parenting coordinators and others have nurtured the seeds of its drafters’ intent, and have started to grow a substantively changed approach to the resolution of family law issues.
The evolution of family law has also fueled another kind of shift: there are now open conversations – both within and outside the profession – about the role of lawyers as preventers and resolvers of legal disputes, with a duty to keep all but exceptional matters out of court. Some people have gone so far as to suggest the need for changes to the Law Society Rules and Code of Conduct to strengthen the responsibility of lawyers to say “no” to clients who want to avoid resolution options in favour of aggressively pursuing litigation – and to discipline lawyers who do not take a more active role in managing those clients. It’s also interesting to note that what used to be called Alternative Dispute Resolution (ADR) is now commonly referred to as CDR, or Consensual Dispute Resolution, because dispute resolution outside of the courtroom is now viewed as mainstream, rather than alternative.
Yet another example of evolution and adaptation: in a world where Self-Represented Litigants (SRLs) are part of the “new norm,” there continue to be significant changes in terms of dispute resolution and case management processes, and the role of judges and lawyers. Concepts such as “unbundled legal services,” “limited retainers” and specialty legal clinics, programs and resources to help SRLs are being adopted and delivered by lawyers and legal organizations across the country. Of course, none of these innovations excuse government from the responsibility
of funding legal aid – that is something that still needs to change in an entirely more positive direction.
While we’re on the topic of change, your own lawyers’ association, the CBA, has been evolving too. Recognizing that many lawyers are actively transitioning into Non-Practising, Part-Time or Retired status with the Law Society, we’ve announced new membership fees for people in those situations – at half price. Even more radical, B.C. is proposing to include access to all 78 B.C. Sections and Forums, and 42 National Sections and Conferences, within the cost of membership. There will be a modest increase in the Branch levy (which stays 100% in B.C. to fund services delivered directly to you here) and Section enrolment fees will be completely eliminated. You can sign up for meeting notices and minutes, attend any meeting, and access all archived materials, webinars and resources the Sections have online (a lot!). We’ve heard from lots of members that this is the best way to improve the real value you get from membership, and we’ve embraced that change too!