The Law Firm Practice Management Assessment Tool (the “Assessment Tool”) is a central mandatory feature of the Law Society’s proactive approach to regulating law firms. There are two versions of the Assessment Tool accessible – one for sole practitioner firms and one for multi-lawyer firms.
Implementation of the Assessment Tool began in April 2021, and is gradual in nature rolling out over three years. The Law Society contacts the firm’s Designated Representative when they have been selected to complete the Assessment Tool. Since the launch of the Assessment Tool, over 40% firms have successfully completed the self-assessment process. The Assessment Tool process is an educational exercise and a learning opportunity for both firms and the Law Society.
The primary goal of the Assessment Tool is to encourage firms to examine their practice management systems and to evaluate the extent to which firm policies and processes address core areas of professional, ethical firm practice. Additionally, this process will provide the Law Society with information about where firms may require additional practice resources and support. The Assessment Tool will help a law firm identify gaps in policies and procedures to improve practice management, where necessary, and to manage risk.
The Firm Culture Workbook has been available as a resource since the launch of the Assessment Tool to assist firms in assessing the strength of the firm’s policies and processes relating to the issues of: Equity, Diversity and Inclusion, and Access to Legal Services. The Law Society has now integrated these two principles into the Assessment Tool. The practices your firm ultimately decides to implement will be dependent on your firm’s existing policies and procedures and the structure of your firm, including whether you have any staff working with you. Firms who have already completed the Assessment process can login to their firm’s dashboard to review their completed report and their specifically curated resources, or to explore the newly added firm culture principles and supporting resources at any time, should they choose to do so.
Why are changes being made?
The Law Society has committed to promoting and supporting diversity, inclusiveness and cultural competence among all Saskatchewan firms, lawyers, and legal service providers as well as promoting access to justice, including access to legal services. The firm culture principles also support the Law Society’s advancement of Truth and Reconciliation and the Future of Legal Services in line with the strategic goals of the Law Society.
These changes serve to educate and support members in light of their responsibilities under The Code of Professional Conduct (“Code”) connected to these principles, which include addressing the matters of concern highlighted by the Articling Program Assessment Report (2019), training on equity, diversity, and inclusion, and the Equity, Diversity, and Inclusion Research Report (2021).
Integration into the online Assessment Tool will provide firms with curated resources and supports specific to the areas they have self-assessed as priorities and will assist the Law Society with needed data to identify any trends, areas of need, and guide the development of resources required to support the membership as a whole.
What does the data tell us?
Articling Program Assessment Report
The Law Society of Alberta posted a 14-minute online survey for students-at-law and new lawyers, as well as a 12-minute survey for principals, recruiters, and mentors, on their website between May 8, 2019 and June 17, 2019. Three provinces participated in the survey: Alberta, Saskatchewan, and Manitoba.
The survey was completed by a total of 736 articling students and new lawyers (549 in Alberta, 104 in Saskatchewan, and 83 in Manitoba) and 407 principals, recruiters, and mentors (295 in Alberta, 64 in Saskatchewan, and 48 in Manitoba).
In summary, 32% of student and new lawyer respondents reported experiencing discrimination and/or harassment during recruitment and/or articling. Students also reported that they feel resources are not available to address discrimination and harassment concerns. Only 9% of students and new lawyers who experienced discrimination or harassment felt resources were available to address issues, which compares to 88% of recruiters, principals, and mentors. There are also concerns that the process to deal with discrimination and harassment negatively impacts victims.
Respondents were given the opportunity to provide suggestions to resolve or address these issues and suggestions included:
Training on Equity, Diversity, and Inclusion
The Law Society has provided Continuing Professional Development related to equity, diversity, and inclusion between 2018 and now. Among twelve seminars or workshops delivered, overall attendance numbers have been recorded as 1,011 including recorded version sales and on-demand views as of May 2022. From attendee responses to requested feedback as available, 39% found the material relevant, were satisfied, or would recommend the session, with an overall rating of “excellent” while 43% provided a response of “very good.”
The Equity, Diversity, and Inclusion Research Report
During 2021, the Law Society conducted an Equity, Diversity, and Inclusion survey to receive input from all members, building on earlier valuable insights from a small percentage of members from equity-seeking groups.
‘Equity-seeking groups’ are communities that face significant collective challenges in participating in and being included in society. This marginalization could be created by attitudinal, historical, social, and environmental barriers based on age, ancestry, colour, race, citizenship, ethnic origin, place of origin, creed, disability, family status, marital status, gender identity, gender expression, sex, sexual orientation, or other diverse backgrounds.
All Saskatchewan lawyers and students-at-law were invited to participate, and the survey was completed by 275 members and students-at-law (a 11% response rate). The survey objective was to understand member perspectives, personal experiences, including the impact of COVID- 19, and to focus efforts to advance programs and initiatives that promote an inclusive legal profession. Overall, the survey found that a majority of members recognize there are equity, diversity, and inclusion issues within Saskatchewan’s legal profession from entry into practice to advancement during a law career.
Among equity and non-equity-seeking members, there was significant support for all equity, diversity, and inclusion actions tested, but support was highest for:
Additionally, equity-seeking members showed stronger support for:
Amendments to the Federation of Law Societies Model Code of Conduct
The Federation of Law Societies recently approved amendments to the Model Code building upon Saskatchewan’s current Code sections relating to discrimination and harassment. The final proposed amendments address the ongoing problems of harassment and discrimination faced by members of the profession whose personal characteristics are covered by human rights protections. The amendments recommended build upon the current Code sections and reflect contemporary understandings of discrimination and harassment law, while also acknowledging that legal professionals must stay abreast of developments in the law, understand the past and ongoing impacts of colonialism on Indigenous members of the profession, and remain aware of their own biases.
The Federation completed two rounds of consultations prior to presenting the provisions for approval. These amendments have not yet been adopted by the Law Society but will receive Board consideration in the near future. Updates will be provided as these and other upcoming amendments are advanced.
What are the firm culture principles and how will they assist my firm?
The Saskatchewan based data has demonstrated that these are active and ongoing issues of concern in the profession. Given the current economy and labour market, firms may well be in a position to use their self-assessment relating to the firm culture principles as a means to attract new employees and the resources may be utilized to support training and uptake. The addition of these two firm culture principles along with the existing five practice management principles in the Assessment Tool are a means to assist your firm in understanding the firm’s obligations and providing supporting resources to enhance your existing practices and reduce risk to your firm.
Principle 6 – Equity, Diversity and Inclusion
Although there has undoubtedly been progress in improving equity, diversity and inclusion in recent times, the legal profession still needs to take further steps to ensure it becomes more representative of the diversity in Canadian society. Not only is it contrary to the public interest to have a homogeneous bar, but it is also inconsistent with good business practices to have a homogeneous organization – the more diverse your firm is, the more diverse your prospective clientele will be. Law firms will also be better able to attract clients from all segments of society and provide better legal services if their lawyers have the skills and understanding necessary to represent clients from marginalized and minority groups of society.
Principle 7 – Access to Legal Services
The lack of affordable legal services for low- and medium-income individuals is a persistent and growing issue. It is in the public interest that access to justice and legal services is improved. As set out in the Code, lawyers must make legal services available to the public efficiently and conveniently. As a matter of access to justice, it is in keeping with the best interests of the legal profession to provide services pro bono and to reduce or waive a fee when there is hardship or poverty or the client or prospective client would otherwise be deprived of adequate legal advice or representation. The Law Society encourages lawyers to provide public interest legal services and to support organizations that provide services to persons of limited means.
For more information about the assessment process or to review the many resources, including the Assessment Tool Workbooks, please visit the Designated Representative Hub.