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artsydork

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artsydork last won the day on June 17

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  1. Haven't the BC lawyers been trying to do this for years though? They've been trying to do strikes/ not accept criminal certificates before. It's great that a general strike mandate was made - the power of a collective is much stronger than an individual. Until the collective bands together, though, the expectation of single actors shouldering the burden is unrealistic. The certificate cuts were already not great in Ontario - the duty counsel cuts are strange.
  2. I recall that tt was announced as a possibility back when I was articling. I remember McGilligans being perturbed, but it was also how we had a few people get in despite being called lawyers. I also think Leckey was encouraging people to try to do a clerkship prior to applying to the SCC during his clerking seminars.
  3. You'll be fine. Just make sure to actually finish those summer classes before law starts. I knew of a few people in my year that were in the same boat, including some grad students that only defended their thesis AFTER classes started.
  4. Not to be the debbie downer, but how'd that work out? BC still has a legal aid crisis. And the marginalized clients were the ones directly affected during that time. The Duty Counsel cuts were released today. They're BRUTAL. No more assistance from duty counsel in FRO matters, no settlement conferences, complicated motions, uncontested trials and more. Yikes. Criminal is pretty much restricted to bail.
  5. One solution bandied in my cour5 gouse is bringing basket motions for procedural issues in lieu of having a case conference. Some people are proposing pushing a sort of mini basket motion to provide advanced context of the issues. It seems to be as if it is a movement to be a de facto seeking leave to proceed. I see that as being unduly difficult for self reps and a large imposition on counsel...
  6. Cool. Put your business on the line as well instead of busting my ass for it Because I'm on the judicial subcommittee already. And work with alternative payment methods for access to justice. It's incredibly shortsighted for non-stakeholders to be harping on the front line people. At the end of the day it's our livelihoods on the line.
  7. No. The Law Society of Ontario should be taking action. All Ontario lawyers should be rallying in the streets. It's absolutely unfair to us (and I fully recognize that you are in a largely LAO criminal practice) to be the only ones putting our asses and livelihoods on the line. That's what's required. And I absolutely have no confidence that this will help Ford et al fix anything.
  8. I agree in my family practice that some of my client's are understanding of the concept of me not working for free. I say this with respect but I take it that you don't practice criminal law. Explaining that you won't run a releasable bail to an addict who is going to miss her supervised access at the children's aid society is not going to be met with "I get it". There's also the whole repugnancy of incarceration when a person is releasable. It's tough. If everyone put up a united front, sure, there may be movement with the government at the expense of our client's liberty and our reputation. That is helluva lot to ask for.
  9. Tell that the those who go back to jail and tell others about their "dump truck" lawyer who "wasn't there" for them. Reputation with clients is pretty important for a small firm. It's great that lawyers have this general "access to justice" ethos. It's fairly onerous for those on the front lines to be the ones going all in.
  10. There are 3 categories of applicants: university, cegep and mature. Most uni applicants hear back in February-March. Cegep applicants have until March 31 to apply. About 30-40 spots are reserved for cegepers. Mature students also have interviews during that time. It makes sense that people are only hearing back until that point. The class is largely full by this time with people hearing about waitlists or accepted students dropping out/not accepting. McGill is holistic and every aspect of each applicant is examined all the while profs are teaching. Holistic admissions takes time.
  11. Windsor's grads are still graduating and becoming practicing lawyers... The only people really concerned are 0Ls.
  12. It's about the appearance of saving money. That way Ford can swing his arms and yell that he's cut so much despite the Ontario gov still being in deficit. With the cuts, duty counsel will be doing even more bails. Some accused will not be reached and will be shipped back to the detention centre to try their kick at bail the next day when DC has more time to deal with 7-8 people. It costs waaaay more to keep someone in jail than it is to pay a certificate lawyer to prepare and run a bail. My firm is still going to continue to do the additional bails despite not being paid. Not all lawyers will do so nor should the expectation be to work for free. From the family side, no motion to changes (barring DV) will be funded. So, more self reps scrambling for duty counsel. 3 conferences scheduled in the AM and 3 in the afternoon in my jurisdiction. If both DC lawyers are involved in 2 morning ones, they can't have any negotiation in between. So the courts will likely either adjourn or stand down for a while. The matters will kick around, return for case management. Lather, rinse repeat. It's short sighted from the government's perspective. I don't see LAO having too many options with such an extreme cut. But fuuuuuuuck this is going to have wider reach than Ford/Mulroney anticipates. And it's kind of pathetic that the AG can't even see this.
  13. " LAO is changing the way we fund, provide and manage legal services LAO is changing the way we fund, provide and manage legal services. Our priority remains to provide quality frontline service to our clients, while regularly reviewing our programs to better and more efficiently deliver them. We are updating the follow ing certificate policies and programs in stages, and will provide more detailed information to the relevant bar before implementation. Here is a summary of the changes: Certificate acknowledgement and private bar duty counsel appearance fees LAO will no longer pay acknowledgement and appearance administrative fees for accepting certificate and duty counsel shifts. For acknowledgement fees, this change takes effect June 12, and for appearance fees, June 26, 2019. Certificate lawyers will continue to be paid by the hour or matter. Payment terms You will now receive payment in 28 days instead of 14, which includes duty counsel accounts. Accounts where disbursements or discretion are requested will continue to be paid with the standard 60-day timeframe. Criminal law Certificate lawyers may no longer bill for bail hearings on block fees. On these matters, duty counsel will continue to b e available to provide bail services. For more complex tariff cases, including those in LAO’s Big Case Management program and matters set for trial, certificate counsel may bill for bail hearings. Meritorious bail reviews will be funded at 5 hours per bail review (instead of 10). Certificate counsel will also resume applying for authorization before proceeding on bail reviews. In 2015, LAO increased bail review coverage from five to 10 hours to encourage the private bar to bring more bail reviews and address overreliance on onerous conditions of release. The additional hours did not result in increased bail review applications. When using a publicly-funded Gladue report as part of sentencing submissions for Indigenous clients on tariff matters, lawyers will be allowed a 3-hour Gladue authorization (instead of 5). For block fees, lawyers will receive a Gladue “enhancement” based on approximately 3 hours of additional time, (instead of 5). < li>Lawyers representing clients with mental health issues, including at fitness hearings and mental health court, on block fee matters, will receive an “enhancement” for approximately 2.5 hours (instead of 5) for additional work that may be needed to represent these clients. Because of technological and legal advances, extra coverage for DNA sentencing submissions will no longer be available, and submissions can be covered under the current base tariff. The block fee base rate that includes DNA submissions will remain the same. Criminal duty counsel will: prioritize clients with the highest risk provide services to clients that are legally and financially eligible establish a framework for consistent services monitor, measure and adapt to any changing demand for duty counsel services work with stakeholders to effectively implement any changes Family law LAO will co ntinue to provide full certificate coverage for people experiencing domestic violence, including motions to change and emergency advice. Certificate counsel will no longer be able to bill for variations or motions to change where domestic violence is not an issue. Instead, duty counsel and family law service centres will, where available, perform these services, when possible. Counsel will be able to bill for up to two case conferences instead of multiple conferences. LAO will no longer issue certificates for independent legal advice relating to mediation or separation agreement certificates. Between 2015-16 and 2017-18, 60 percent of separation agreement certificates were unused, or required additional certificates or services. This figure was 70 percent for independent legal advice certificates for mediation, not fulfilling the certificates’ original intent. Legal assistance in child protection matters remain unchanged. Family du ty counsel will prioritize clients with the highest risk provide services to clients that are legally and financially eligible establish a framework for consistent services monitor, measure and adapt to any changing demand for duty counsel services work with stakeholders to effectively implement any changes Mental health A modified merit test will now be applied to Ontario Review Board appeals ensuring meritorious cases continue to be funded, similar to the one introduced for Consent and Capacity Board appeals in 2017. We continue to provide funding for lawyers to represent psychiatric patients exercising their right of appeal in meritorious cases. LAO will continue to fund certificate lawyers for meritorious CCB and ORB appeals over the governing regular tariff: for ORB appeals, lawyers will be funded up to 35 hours (instead of up to 50) and for CCB appeals lawyers will be funded up t o 25 hours (instead of up to 50). Resources will be dedicated to services for psychiatric patients (instead of substitute decision makers) Prison law Five hours of certificate coverage will be available for parole matters (instead of 10). This ensures clients have access to the services they need. Ontario is one of few provinces which provide these services. Resources will be dedicated to services for prisoners to have access to statutory release by way of parole and to extraordinary remedy (instead of “faint hope” parole applications and “gating hearings”. Other LAO staff will be determining eligibility for the test case program instead of an external committee LAO will be introducing more defined discretionary processes and criteria.
  14. Just so that we're all on the same page: Arrogance: having or revealing an exaggerated sense of one's own importance or abilities. Rasha's comment boils down to "Don't rely on summaries - use a textbook" Pzabby is "Use Westlaw CLE" Mine "Artsydork is super cool. Also, what Rasha said" OP "Don't judge me!" HQ "I look at notes as a start but then do actual research" The only arrogance I see is a lawyer that thinks they don't need to have an actual functional knowledge of law. And summaries are dated - I graduated in 2013 - so much has changed in my practice since then. Then the issue of summaries/cans is that certain elements of a case may not have been researched. Plus the student could have actually had the issue wrong. Sources are important.
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