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There are significant challenges facing our profession. It is critical for our profession to include informed, progressive and diverse ideas on how to face these complex issues. I am eager to work on these issues in a collaborative, accountable and progressive manner.
Equity & Inclusion
I have spent my career working on advancing human rights values and working in the area of rights-based law. Throughout my years of practice, I have seen many challenges faced by our profession – many of which still need the attention and support of the Law Society. We continue to see studies and reports, which tell us there are pervasive issues embedded in the traditional practice of law that require consideration. The recent report to the Law Society by Fiona Kay, Diversification of Career Paths in Law, speaks to the continued gender gap in the retention of women lawyers in private practice and barriers to work life balance and achieving gender equality. The Law Society’s Consultation Paper on Challenges Faced by Racialized Licensees sets out the continued barriers that racialized lawyers face in their daily practice: the lack of adequate mentoring and role models; barriers to accessing and advancing in the profession; and vulnerabilities when practicing. These reports signal positive developments and openness within the Law Society to develop concrete initiatives to address these challenges. I believe, however, that our governing body must also focus on the serious barriers that continue to face indigenous practitioners, lawyers with disabilities and mental health issues, LGBTTIQ lawyers and students, those new to the profession - and those who fall into more than one of these vulnerable groups.
I applaud Benchers such as Janet Leiper who are proactively taking steps to ensure a more diverse governing body. As a Bencher, it is not enough to speak about issues of access to social justice, equity and diversity – we must be leaders in our profession. If I am elected, I am committed to ensuring equity, diversity and inclusion as a Bencher. This can happen if we work collaboratively on initiatives that promote human rights principles and reflect the needs of the diverse communities we serve.
See the 2015 Law Times articles on the need for Diversity amongst Bencher Candidates, quoting several candidates, including Isfahan about her unique joint campaign:
http://www.lawtimesnews.com/201503094533/headline-news/diversity-push-for-2015-elections
http://www.lawtimesnews.com/2015bencherelection/news/change-on-the-horizon-for-2015.html
http://lawandstyle.ca/tag/bencher-election/
Professional Regulation & Inclusion
The regulation of lawyers in Ontario must reflect the needs of all lawyers across the province. I have practiced in the public interest for many years. My daily interactions with counsel from small and mid-sized firms, rural and small towns, working on legal aid certificates or in legal clinics, in public service, new lawyers, foreign trained lawyers and racialized and indigenous lawyers have underscored that the practice of law is becoming increasingly complex and stressful. In my role as a mentor to new lawyers from diverse communities I have gained a broader understanding of their concerns and needs for greater inclusion and support.
The Law Society’s core duties includes the protection of the public interest and advancement of the cause of justice– this needs to include proactive measures to address the increasingly complex and stressful practice of law. Professional regulation must include initiatives to address and meet the diverse needs of our colleagues – particularly given the increased challenges facing lawyers in rural and small towns, sole practitioners, new lawyers and those living with disabilities and mental health issues. The Law Society can do more to support and promote improved mentoring for lawyers and explore other initiatives that may help address the root of the problems (unlike costly and stressful formal discipline proceedings). If elected, I intend to work hard to ensure that The Law Society’s initiatives on professional regulation, including access to continuing professional development and programmes that promote inclusion, are inclusive and reflect the needs of all lawyers in Ontario.
Professional Development & Education
I believe it is critical to support meaningful professional development that enhances all lawyers’ skills and knowledge. However, professional development should reflect the diverse needs and challenges of lawyers across the province. Moreover, I believe that the Law Society must assist lawyers across Ontario – working in different practice areas and in different types of practice - in meeting their CPD requirements, as well as offer alternatives to expensive education programmes to meet these requirements.
Alternatives to Articling: The Law Practice Program
Any review and reform of the articling program needs to be done with a view to ensuring equity and access to the profession, and ensure that high quality training and mentoring is offered to succeed in our challenging profession. Concerns have been raised about the Law Practice Program (LPP), which was implemented on a pilot basis to address insufficient articling placements. I believe that the Law Society must carefully monitor this new licensing path to ensure that any permanent reforms to the articling program promote inclusion, equity, fairness and high quality training.
Non-lawyer Ownership (ABS)
The Law Society has an obligation to carefully and thoughtfully consider all ideas that may promote access to legal services and justice, and address gaps in the provision of legal services. Having said this, I believe that we must act carefully and thoughtfully on the idea of non-lawyer ownership structures. There are real and serious concerns about ABS: how will it impact the reputation of our profession; how would conflicts of interest be avoided; how can lawyers still meet their professional obligations of our profession; how will it impact on the independence of the bar; how will our duties to our clients be affected; how will the solicitor-client relationship be affected by external interests; will ABS genuinely protect the public interest and promote broad access to justice (for vulnerable communities in particular) and ensure quality and ethical legal services? None of these questions are clear. We must proceed with great care.
At this point, I am not persuaded that non-lawyer ownership would benefit increased access to justice to those who most need it, nor that it comes without significant concerns relating to the administration of justice and our professional responsibilities in providing legal services. However, I believe that the Law Society must carefully review the issues and questions above, as they have an obligation to the profession and the public to do so.
Access to the Profession
Access to the profession continues to be filled with barriers and challenges. High tuition fees have continued to climb and the impact has included both barriers to law school and the legal profession. If elected, I am committed to initiatives to ensure equitable access to the profession and improved mentoring and training for new lawyers.
Access to Justice
While the recent increased funding for legal aid services is a positive development, the legal system continues to see increased numbers of self-represented litigants and vulnerable communities without access to needed legal services. At the same time, judicial diversity continues to be an important issue that impacts upon the public's trust in our legal system and access to justice. In fact, the striking lack of diversity on the bench is so significant that it was recently commented upon by The Honourable Irwin Cotler, the LSUC's inaugural recipient of its Human Rights Award. I believe that the Law Society must take a leadership role in addressing these critical issues and must work proactively and collaboratively with stakeholders. The communities we serve must have access to quality legal representation and access to justice.
RT @Isfahan_Merali: @aditrao @a2_justice A voice and a vote at the table => change. @a2_justice #lsbencher
— jrosekat (@jrosekat) April 8, 2015
Re-elect Isfahan Merali Bencher, Toronto Region
http://www.lawtimesnews.com/2015bencherelection/news/bencher-elections-promise-an-interesting-race.html
#LSBencher Janet Leiper runs for re-election with a running mate, who's a first-time candidate http://t.co/eYcJ9bEZBq pic.twitter.com/447jC3qgAS
— Precedent Magazine (@PrecedentMag) February 27, 2015