I received communications today from the LSO advising that consultations are starting about this:
The Law Society consultation will be launching on May 23 and will continue until November 30, 2024.
“The Professional Regulation Committee is seeking feedback on a package of proposals to expand the personal and business information that licensees are required to report to the Law Society and to disclose more of that information on the Lawyer and Paralegal Directory. Enhanced disclosure would include more information about licensees’ discipline histories and information about certain charges and convictions under the Criminal Code and other statutes.”
The Consultation Report is entitled: Considering Increased Transparency – Licensee Reporting and Disclosure to the Public.
“In making recommendations to Convocation for final decision, the Committee is striving to find a balance between public protection and fairness to licensees.”
You will be able to provide written comments at PolicyConsultation@lso.ca or through the consultation form, which is available here.
Having discussed the proposal, our association, the Law and Mental Disorder Association (LAMDA) is opposed. This new obligation would disproportionately harm lawyers with serious mental health issues or those who use drugs, who may be at increased risk of incurring charges, without ever being convicted.
The LSO Committee is considering recommending that Licensees Report the following and then the Society decides whether to publish the information alongside our names and LSO numbers
Disclosure of Charges
1. (a) If a licensee has been charged with an offence under:
the Criminal Code;
the Controlled Drugs and Substances Act;
the Income Tax Act;
the Excise Tax Act;
an Act of the legislature of a province or territory of Canada in respect
of the tax law and/or securities law of the province or territory;
the Occupational Health and Safety Act, or an equivalent act in any
province or territory of Canada;
any other Act of Parliament, or of the legislature of a province or
territory of Canada, where the charge alleges, explicitly or implicitly,
dishonesty on the part of the licensee or relates in any way to the
licensee’s professional business; or
Any similar charges outside of Canada; and
(b) the charge:
reflects adversely on the licensee’s fitness to practise law or to
provide legal services; or
relates to conduct that undermines the administration of justice; or
otherwise could impact the safety of clients, the public, or other
licensees.
anitaszigeti 