Wednesday, April 22, 2009

"Without public confidence there can be no confidence in the rule of law"

Over the past year, a number of legal issues have slowly made their way to the mainstream media and public discourse. Some have shown the legal profession in a less than flattering light, inspiring the legal establishment and various levels of government to work together on initiatives designed to increase public confidence in the justice system.

As a key step towards this aspiration, Ontario Court of Appeal Justice Stephen Goudge, Chief Justice Warren Winkler, the Chief Justice's Ontario Advisory Committee, and U of T's Centre for the Legal Profession combined forces and organized a symposium on "Lifelong Learning in Professionalism" which was held at the Faculty of Law on February 20, 2009.

"This conference was the first major opportunity for all partners in the profession  the bar, the bench, and the legal academy -- to come together to consider all of the issues, try to arrive at a consensus about how to advance professional responsibility in the legal profession," explains Justice Goudge.

Hosted by the Centre for the Legal Profession, the symposium was sponsored by the Law Foundation of Ontario, with additional support from the Law Society of Upper Canada.

Faculty of Law Dean Mayo Moran says that the symposium also highlighted the commitment of law schools in promoting lifelong learning within the profession.  "I am delighted that the bench, the judiciary and the academy came together at this symposium in pursuit of finding concrete solutions to the complex professional, ethical and educational challenges that we face," she says.

The day-long event will began with an exploration of the scope and importance of lifelong learning;  continued with an examination of what can be learned from other jurisdictions; and focused on the role of various stakeholders within the legal profession in advancing the role of education in professionalism.

The day closed with the 2009 Annual Goodman Lecture, delivered by Justice Goudge.

"I think there is a really strong momentum now to advance the teaching of professionalism at law schools, and believe we have also been successful at conveying the message that we can't stop thinking about professionalism after graduation," says Justice Goudge.

"Professionalism is not an abstract ideal," says to Professor Lorne Sossin, academic director of the Centre for the Legal profession, "It's the difference between upholding or eroding the values of the profession. It may be the difference between justice or injustice for the lawyer's client. Professionalism is not a set of rules but rather a way of thinking and acting."

While the pillars of what constitutes legal professionalism might seem obvious to those in the field, Justice Goudge notes that it is also critical for the general public to have an understanding of the issues.

"Obviously, we are dealing with the regulatory issues -- or what I would consider the "thou shalt nots," like confidentiality and conflicts of interest. But there is also the aspirational dimension -- going beyond the minimum professional conduct so as to avoid being sued or accused of professional misconduct," he says.

"No component of the justice system can do this alone," he adds. "We need to all come together, and take professional responsibility for the aspiration elements of our jobs. It is important for insiders and for the people on the outside of the system, it's a matter of public confidence," he says.

Justice Goudge also emphasizes that without public confidence in individual lawyers there can be no confidence in the rule of law.

Please click here for more information on the Symposium, and to view a webcast of the event.