Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.
Issue link: https://digital.carswellmedia.com/i/1511709
8 www.lexpert.ca Feature "There's a huge societal cost to all of this. One of the primary functions of the courts is to allow businesses to function and settle disputes. When that doesn't happen, it impacts the ability of the economy to operate" Craig Ferris LAWSON LUNDELL LLP "The bar in Nova Scotia is optimistic and is hopeful that our judiciary will continue to explore and implement different ways of doing business that will be more efficient for the users of the judicial system" Ryan Baxter MCINNES COOPER opposite side of a case from his client, he still feels obligated to them. "I think there is an onus on all members of the legal community to extend, within the boundaries of our professional obli- gation, assistance to self-represented liti- gants. What I mean by that is that if I can give them information – not advice – on procedural issues or process issues so that they have a better understanding of how the system operates, that may preclude delay." e severity of delay-related problems is why e Advocates' Society issued a call- to-action report entitled Delay No Longer. e Time To Act Is Now. It details the scope of the problem, outlines reasons why court delays – which sometimes stretch for years – cause hardships across every sector of the law, and proposes some solutions that could alleviate some of the problems. "It's something that our members are passionate about because it really is impacting clients across the board," says Book. "It's frustrating to feel like we can't help our clients because we can't get into court, which not only means we can't argue cases in court, but it also makes settlements more difficult because oentimes an impending court date is what spurs people to try to settle things. And if there's no court date for a year and a half, then you spend a year and a half waiting for something." To address the issues of delays, the report suggests gathering accurate data about just how bad the delays are, setting improve- ment targets, and tracking how well the targets are being met. "We're not data scientists, but one of the things that struck us is that we have a legal system that makes decisions based on evidence … [but] we don't have a lot of good evidence, a lot of good data, about what are the different timelines, why are things getting adjourned at the last minute, where are judges being used. ere's just a lot we don't know," says Book. e report also suggests relying more on technology to facilitate court interactions, including electronic document filing and scheduling systems. Another recommendation suggests revising the rules of procedures with the aim of efficiency in mind. Yet another is devoting more resources to the justice system, filling empty judicial vacancies, and ensuring enough court workers are employed to allow trials and matters to proceed. It also means getting governments to invest more in the justice system. "We've been unable to engage the public on investments in the justice system in a way that puts pressure on politicians to do so. ey make it about lawyers, and lawyers are unpopular, and so we don't need to invest in the justice system. But that has horrible effects on people who can't deal with family issues, can't deal with debt issues, can't deal with rent issues, and just have things hanging over their head for years on end when they shouldn't," says Ferris.