Specialist Certification Programs Under Discussion

By Stephen Raby, QC, Chair, Credentials and Education Committee

On December 11th, 2007 the Competition Bureau recommended in its report on self-regulated professions that Canadian law societies should evaluate the possibility of adopting a specialist certification program similar to that in Ontario.

The Bureau’s recommendation followed on the heels of the decision by the Law Society of Upper Canada to retain its beleaguered specialist certification program, but to charge higher fees and require lower qualifications. The LSUC’s specialist certification program was implemented in 1987 and was revamped in 2002. Since then it has consistently failed to meet the performance goals set by its business plan. That plan had contemplated that the program would be self-funding by December 2004 with a 10% profit margin by December of 2006. Instead, as of December 31st, 2006 there were only 719 specialists in it and the program continues to be subsidized by the membership at large.

Modifications to the program in 2007 in an effort to achieve self-funding include an increase in certification fees, a decrease in the threshold for eligibility for certification from 50% to 30%, a reduction in CLE requirements, and the elimination of the specialty committees that had previously been responsible for developing criteria, accrediting programs and detailing experience requirements.

Although approved, LSUC Benchers expressed concerns that the program was no longer certifying specialists, but was allowing members to designate

themselves as specialists. Alberta Benchers considered the viability of a specialization program as follows:

In the 1970’s, a LSA committee concluded that formal certification of specialists was a desirable goal, but was reserved on whether such a program would be feasible given the small size of the Alberta bar (less than 1,500 at the time).
In 1995, the Benchers struck the Specialization Committee to study the feasibility of establishing a certification program for specialists in certain areas of law. The Benchers adopted in principle the idea of certification of specialists and the profession was invited to provide feedback on an Ontario program model.
Following less than positive feedback, in 1998 the committee put the matter on hold as the LSUC was reviewing its entire process of granting specialization and certification. The Committee thought that the review would be useful in creating a more nationalized approach before further steps were taken in Alberta.
In 2000, the committee concluded that specialization was not needed nor wanted in Alberta at the time. Since that time the Law Society has made significant changes to the advertising rules to address these concerns.

If the goal of a specialist certification program is to assist the public in choosing legal services, it is important that certification actually reflects ability and experience in specified fields of practice. If the Ontario experience is any indication, the Benchers’ reservation back in the 1970’s about the feasibility of this type of program in Alberta appears to remain a valid reservation today.

Strategic Priorities Update
By Don Thompson, QC, Executive Director, LSA

We continue to work on the strategic priorities identified by the benchers. Here are our accomplishments on 3 key priorities, and the work yet to do:

1. Continue work around issues of safety of trust property and compliance audits.

Accomplishments to date:

National working group established.
Data being collected about trust accounting, trust theft, etc. across the country
Project plan being developed.
Alberta task force to be formed

Yet to do:

Develop a high level policy paper outlining the challenges and possible approaches

2. Determine time it takes for complaints to proceed through to hearing, and make necessary changes.

Accomplishments to date:

Measurement systems in place to measure timelines.
Increased staff
Performance goals set for informal and formal complaints.

Yet to do:

Set standards for hearings, and determine benchmarks.

3. Explore other work in addition to already identified approach to pro bono work.

Accomplishments to date:

PBLA has been launched.
PBLA board is implementing its strategic plan.
Advisory Board has been formed.

Yet to do:

The new society is working on program deliverables.
Decide whether there should be Alberta work on access to justice issues, after reviewing approaches in other jurisdictions