Author: Meris Bray
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Anne D Gordon, “Cleaning up Our Own Houses: Creating Anti-Racist Clinical Programs”
This article seeks to guide legal clinics to self-evaluate regarding how clinics perpetuate racism unconsciously. This article offers concrete suggestions for implementing change. Law schools are homes to white supremacist culture. Beliefs, values, norms, and standards support the widespread ideology that whiteness holds value. Characteristics of this culture include: perfectionism, either/or thinking, quantity over quality,…
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Michael John McNamara, Supervision in the Legal Profession Regulatory Framework
In this chapter, the author examines the regulatory supervision regimes, particularly within Australia, the United States, and the United Kingdom. Australia has no student practice rules for students engaged in experiential learning opportunities such as clinical programs. Often, these programs operate outside student practice rules; thus, the regulatory framework in place treaties law students the…
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Law Society of Upper Canada v Viktor Serhey Hohots, 2015 ONLSTH 72
In this case, the lawyer supervised other lawyers in his immigration and refugee law practice. He also supervised an interpreter and immigration consultant who conducted work that was the lawyer’s responsibility. The Law Society of Upper Canada (not Law Society of Ontario) alleged misconduct on two grounds, the one relevant for our purposes being: “abdication…
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Law Society of Upper Canada v Deanna Lynn Natale, 2013 ONLSHP 94.
The lawyer in this case supervised staff in her debt collection practice. The Law Society of Upper Canada alleged misconduct on two grounds: the one relevant for our purposes being: “failure to assume complete professional responsibility for her practice and failure to directly and effectively supervise the staff to whom collection activities were delegated”. The…
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Law Society of Upper Canada v Farkas, 2017 ONLSTH 75.
The lawyer in this case was a sole practitioner who primarily practised refugee law. He was responsible for supervising non-lawyers and two Hungarian interpreters when he delegated the task of preparing PIFs to a non-licensee. He did so with little supervision. The lawyer was found to have “breached Rules 2.01(2) and 5.01(2) of the Rules…
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Law Society of Ontario v Miller, 2019 ONLSTH 106.
The lawyer in this case has been on the legal aid panel since he started his practice and practiced only criminal law. He was responsible for supervising his then-administrative assistant, to whom he delegated all of the Legal Aid billing. He failed to conduct himself in accordance with the integrity of the profession by abdicating…
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Law Society of Ontario v Forte, 2019 ONLSTH 9.
Lawyer supervisor Marco Forte hired his first articling student, Nadia Guo, and was to have failed to properly supervise her. The articling student engaged in a number of inappropriate behaviours, including online. Mr. Forte did not appear to approve the website content Ms. Guo posted. He had discussions with her about her importer communications and…
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Law Society of Ontario v Deslauriers, 2018 ONLSTH 61.
The lawyer in this case was responsible for supervising YD, a student-at-law, while a sole practitioner in a criminal law practice consisting of both legal aid and private clients. The Law Society of Ontario alleged misconduct on two grounds, the one relevant for our purposes being that the lawyer failed to assume complete responsibility for…
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Law Society of Ontario, Rules of Professional Conduct
Under Rule 6.1-1, a lawyer is responsible for directly supervising non-lawyers assigned tasks and functions. This rule imputes a requirement for the non-lawyer to be competent, though there are no competency requirements for non-lawyers. Non-lawyers are to have their work reviewed by the lawyer frequently. There must be a close contact relationship, and the lawyer…
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Law Society of Newfoundland and Labrador, Code of Professional Conduct
Under rule 6.1-1, a lawyer must directly supervise staff and assistants to whom the lawyer delegates tasks and functions. The burden rests on the lawyer to educate a non-lawyer concerning the duties that the lawyer assigns to the non-lawyer and to supervise the manner in which duties are carried out, and the work should be…