Law Society of Ontario

From Wikipedia, the free encyclopedia
Jump to: navigation, search
Law Society of Ontario
Law Society of Upper Canada (logo).png
Abbreviation LSO
Motto "Let right prevail"
Formation 1797 as the Law Society of Upper Canada
Type Law society
Purpose Advocate and public voice, educator and network
Headquarters Osgoode Hall, Toronto, Ontario
Region served
Ontario
Official language
English
French
Treasurer
Paul Schabas
Acting CEO
Diana Miles
Affiliations Federation of Law Societies of Canada
Website http://lso.ca/

The Law Society of Ontario (LSO) (French: Barreau de l'Ontario), formerly The Law Society of Upper Canada (LSUC) (French: Le Barreau du Haut-Canada) until 2017,[1] is the law society responsible for the self-regulation of lawyers and paralegals in the Canadian province of Ontario.

History[edit]

Receipt dated February 5, 1836 for application to the Law Society of Upper Canada issued to John A. Macdonald, the future first Prime Minister of Canada

The Law Society was created in 1797 to regulate the legal profession in the British colony of Upper Canada and is the oldest self-governing body in North America.[2][3] Its first home was at Wilson's Hotel at Newark (now Niagara-on-the-Lake), then from 1799 to 1832 at various temporary locations at York (Toronto) until Osgoode Hall was built.[4] The Law Society has continued to retain its original name, even though Upper Canada ceased to exist as a political entity in 1841. The Society governed the legal profession in the coterminous Canada West from 1841 to 1867, and in Ontario since confederation in 1867.

The Law Society of Upper Canada's creation by an act of the Legislative Assembly of Upper Canada came some 20 years before the earliest such self-governing association in any other Canadian province or territory. Its creation was an innovation in the English-speaking world and it became the model for law societies across Canada and the United States. It is one of the oldest Law Societies in the English-speaking world.

In 1994, the Law Society affirmed its role by adopting this Role Statement: "The Law Society of Upper Canada exists to govern the legal profession in the public interest by ensuring that the people of Ontario are served by lawyers who meet high standards of learning, competence and professional conduct, and upholding the independence, integrity and honour of the legal profession, for the purpose of advancing the cause of justice and the rule of law."

There has been calls for renaming the Law Society to reflect diversity, less offensive and public confusion of the over the name Upper Canada and benchers have voted to drop the name and replace it with a new one.[5][6] On November 2, 2017, the society's convocation chose Law Society of Ontario as the new name.[1]

Oversight[edit]

Osgoode Hall stained glass window

The Law Society regulates the more than 50,000 lawyers in Ontario.[7] It is responsible for ensuring that lawyers are both ethical and competent. The Society has the power to set standards for admission into the profession. It is empowered to discipline lawyers who violate those standards. Available sanctions range from admonitions to disbarment. It is based in Toronto, at Osgoode Hall.

Paralegals[edit]

Effective May 1, 2007, as a result of amendments to Ontario's Law Society Act, the Law Society regulates more than 8,000 paralegal licensees in Ontario.[7] Paralegals are licensed to provide limited legal services, such as providing representation before provincial tribunals.

Tribunal decisions[edit]

Effective March 8, 2008, the benchers of Convocation, who also serve as adjudicators at discipline hearings and corporate directors at Convocation, voted to begin publishing tribunal decisions wherein impugned members successfully defended themselves at hearings for future cases. The following year, the society voted to add past decisions as well, but confusion has remained.[citation needed]

Treasurer[edit]

The society is headed by a Treasurer. He or she is selected by the benchers, who comprise "Convocation" - in effect, the Society's board of directors as the Society is an Ontario Corporation without share capital. All lawyer-benchers are elected by the Society's members, and eight lay Benchers are appointed by the provincial government. Section 12(2) of the Law Society Act, R.S.O. 1990, provides that Ontario's Attorney General is a Bencher of convocation while section 13(1) provides that the Attorney General is "Guardian of the Public Interest" and, as such, may require the production of any document or thing possessed by the regulator. The regulator falls under the supervision of the Ministry of the Attorney General, according to the ministry's web site.

The current Treasurer is Paul Schabas. The current Acting CEO of the Society is Diana Miles. In 2017, the Law Society has more than 500 staff.

The Law Society is frequently named one of Greater Toronto's Top Employers by Mediacorp Canada Inc., most recently in 2017.[8]

See also[edit]

References[edit]

External links[edit]