REAL Education & Access to Lawyers Program Review | June 2018

Program Review June 2018

Rural Education & Access to Lawyers Program Review – June 2018

Table of Contents Executive Summary................................................................................................................................ 2 Overview ................................................................................................................................................ 3 Business Need ........................................................................................................................................ 4 Analysis of Current Program .................................................................................................................. 6 4.1

Past Participant Surveys ............................................................................................................ 6

4.2

In-depth Interviews ................................................................................................................... 6

4.3

Metrics ...................................................................................................................................... 7

Current State Conclusion ..................................................................................................................... 10 Alternatives Analysis ............................................................................................................................ 11 Future Program .................................................................................................................................... 14 Appendices................................................................................................................................................... 16 Appendix A: Cost of Justice Infographic.............................................................................................. 17 Appendix B: Survey Response Details ................................................................................................. 18 Appendix C: In-depth Interview Summaries ....................................................................................... 25 Appendix D: Program Metrics Details ................................................................................................. 29

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Rural Education & Access to Lawyers Program Review – June 2018

Executive Summary REAL is an access to justice initiative established to address the current and projected shortage of legal services in small communities and rural areas of the province and the related consequences on access to justice for British Columbians. This shortage was brought about by a combination of two factors, namely the aging of the profession and the historical preference among new lawyers to practice in urban regions.

The cornerstone of the REAL Program has been to fund second-year summer student placements in high needs rural and small communities throughout British Columbia.

This Program Review has been conducted to ascertain if the REAL Program has met its primary mandate of promoting access to legal services across British Columbia. In this review, we will determine if the program should continue in its current form, modify its approach to better meet our mandate, or cease to exist and begin to wind down.

This evaluation has confirmed that the REAL Program is meeting its mandate of improving access to justice across British Columbia. However, the review also uncovered some significant gaps in supporting rural practitioners, especially new calls with less than five years’ experience.

The REAL Advisory Board recommends that the REAL Program continue with a three-year commitment of current funding levels from the Law Foundation of British Columbia (“LFBC”) and Law Society of British Columbia (” LSBC”) and the Canadian Bar Association, BC Branch (“CBABC”) continue to administer the program. A multi-year financial commitment enables REAL to create a detailed rollout and execution plan as we expand the program to support a larger rural practitioner demographic.

We propose in the conclusion to this review that the program continue to support a modified Second-Year Student Placement Program but also develop new resources that would support new calls in rural communities. The elements of the program may include: • • • • •

Identifying a select number of high needs communities and working with practitioners to successfully bring students into those communities Providing educational opportunities for rural practitioners Community building in communities at risk of not being able to sustain local legal services Creating a rural mentorship program Advocating for law student loan forgiveness for lawyers who commit to practise in rural communities.

The intention is to attract and provide innovative opportunities that promote success for young legal professionals in high-needs communities.

The REAL Program is grateful to all our funding partners, the LFBC, the LSBC and the CBABC for their continued support and financial sponsorship. REAL has become synonymous with leadership in the access to justice community across the country. Our provincial counterparts across Canada call on us to share best practices and our lessons learned.

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Rural Education & Access to Lawyers Program Review – June 2018

Overview In 2017, the LFBC and LSBC indicated to the REAL Advisory Board that it was likely that future funding for the current REAL program would end after 2018/2019 and that consideration should be made for winding down the program. The REAL Advisory Board decided to conduct a program evaluation that would ascertain if the REAL Program has met its primary mandate of promoting access to legal services across British Columbia. From this review, the intention was to make a recommendation to our funders if the program should continue as it has since 2009, modify its approach to better meet our mandate, or cease to exist.

To analyze the current program, the REAL Advisory Board and staff focused on three areas: 1. An online survey was distributed to all the firms and students we were able to track who had taken part in the program since 2009.

2. In-depth interviews were conducted with several former students, legal practitioners, and law school career services officers across Canada.

3. Review of data available through BC Statistics and the Law Society iMIS database.

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Rural Education & Access to Lawyers Program Review – June 2018

Business Need 3.1 Opportunity Description REAL is an access to justice initiative established in 2009 to address the current and projected shortage of legal services in small communities and rural areas of the province and the related consequences on access to justice for British Columbians. This shortage was brought about by a combination of two factors, namely the aging of the profession and the historical preference among new lawyers to practice in urban regions.

REAL promotes the option of establishing a career in a smaller community for skilled lawyers who enjoy what they do. The program provides an opportunity for students to become key participants in the community, enhancing the overall quality of life and community infrastructure in the area and promoting access to justice.

The current core components of REAL include: • • • •

Funding for second-year summer student placements in high needs rural and small communities throughout BC Promotional support to assist with marketing rural practice in targeted high needs communities to law students and new lawyers Professional support from a dedicated program manager for students who are interested in practicing in rural and small communities, and Professional support from a dedicated program manager to assist law firms and practitioners with the recruitment, hiring, and retention of students in high needs rural and small communities.

3.2 Review Opportunity This review provides an opportunity to evaluate the efficacy of the program in meeting the goals and needs of our stakeholders, as outlined below.

Stakeholder Funders Students Rural practitioners and firms Rural communities

Impact Is the return on investment high enough to continue the backing of the REAL Program?

Do law students benefit from the opportunities provided by the REAL Program?

Have firms and practitioners benefitted in the long term by participating in the REAL Program?

Has the quality of life of British Columbians living in rural communities been improved by changes in the access to justice in their community? For information on the impact of ineffectual access to justice to communities see the infographic in Appendix A: Cost of Justice Infographic.

Through this analysis, we will determine if we: •

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Are currently meeting the access to justice mandate

Rural Education & Access to Lawyers Program Review – June 2018

• •

Can better meet the mandate by engaging in other program activities, or Should consider winding down the program and if so, determine how that wind down should take place.

3.3 Benefits In determining our path forward, our stakeholders will benefit in the following ways: Stakeholder Funders

• • •

Students

•

• Rural practitioners and firms

• • •

Rural communities

• • •

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Benefit Confidence that their investment is meeting the goals of their organization.

Tangible evidence that their investment is being used in the best manner possible.

The long-term vision of ensuring access to justice across British Columbia is being met.

Students explore practicing in a rural environment and determine if the prospects align with their long-term vision, both personally and professionally.

Some proposed alternative program options may increase the benefits for young lawyers considering taking on a rural practice.

Attract talent that could help alleviate immediate business need in high needs communities Assist with succession planning Build a supportive professional community of rural practitioners across the province from which to draw upon for advice and direction Ensure legal services are available and accessible throughout the province, especially in high needs communities Attract younger people and their families into areas of the province that may be struggling to sustain their population Benefit economically from the establishing and maintaining of professional services in their communities

Rural Education & Access to Lawyers Program Review – June 2018

Analysis of Current Program The assessment of the current REAL Program includes examining information from three sources: past participant surveys, in-depth interviews, and a review of relevant metrics.

4.1 Past Participant Surveys In December 2017, REAL distributed an anonymous survey to all former REAL students (sample size 87) and firms and practitioners (sample size 59) that we were able to trace. The survey examined their status, how the REAL Program influenced their past and current decisions, and what can be done to support rural practitioners in the future.

The survey concluded that 61% of former REAL students continue to work in communities that serve a rural area. In fact, 48% are practicing law in their REAL community. Of the respondents in rural communities, 91% are either ‘somewhat’ or ‘very satisfied’ that they are meeting their professional goals at this stage of their career.

80% of the respondent rural practitioners indicated that they were ‘very likely’ and 16% ‘somewhat likely’ to continue to practice in their community for the next five years. This is compared to 50% ‘very likely’ and 33% ‘somewhat likely’ for urban practitioners. There were many comments from the urban practitioners that they would prefer to work in a rural community, but circumstances do not allow them to at this time.

This information also shows that there is a gap in support for newly-called lawyers with less than five years’ experience. The need for support includes business development, legal training, mentoring, creating a sense of community to deal with feelings of isolation, and increasing access to legal resources.

Work-life balance and the opportunity to gain experience early in their career were reported key advantages to practicing in a rural community.

A clear majority (92%) of the past firms felt that the REAL Program was useful in supporting access to justice across BC. For additional information from this survey, refer to Appendix B: Survey Response Details.

4.2 In-depth Interviews A series of more in-depth interviews were completed with several students, firms and law school career development officers.

During the follow-up interviews, we were able to determine the following.

1. The second-year student placement program is effective in meeting our access to justice mandate.

Some of the reasons include: a) Funding a second-year student is more helpful to law firms than funding an articled student. By the articling year, firms have generally made up their minds about taking a student and they Page | 6

Rural Education & Access to Lawyers Program Review – June 2018

don’t necessarily require the funding. An articled student has a higher likelihood of earning some income for the firm whereas a second-year student generally does not earn income for the firm. The risk to both student and law firm during a second year opportunity is low. If the relationship doesn’t work out for student and/or law firm, the student still has time to seek other opportunities and the firm hasn’t lost out significantly financially. It allows for a very important “trial run” to determine if there is “good fit”. The fit of the student to the law firm and vice versa is imperative in determining if a future relationship exists. b) Encouraging students to be involved in a rural community early in their careers increases the chance that they will set down roots, create connections and develop a desire to remain in that community. It also allows second year students to tailor their third year course work to courses that may be more relevant to rural practice. Starting second year students to actively think about where they want to live is an effective way of achieving retention in these rural communities.

2. REAL should find ways to encourage and assist lawyers that are already practicing in major centres to move to rural centres. There are lawyers working in major centres who desire to practice in a rural area. Currently, they often don’t feel they have the supports, resources, and knowledge to do so.

3. REAL should investigate ways to support practitioners that are already in rural practice, especially new calls under five years. We heard from practitioners that continue to struggle with a lack of support, resources, and knowledge, who would benefit from further assistance in their practices.

Summaries of the interviews can be found in Appendix C: In-depth Interview Summaries.

4.3 Metrics There are essentially two distinct phases of the REAL Program. From 2009 through 2014, the focus was to get the word out about the program and place a number of students in communities. As the program matured, the focus shifted to identifying higher need communities and assisting firms to identify students who may be more inclined to stay in their rural community for the longer term.

The REAL project statistics, as of January 2018, provide the following insights.

Students • • •

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Overall, 61% of former REAL students continue to work in communities that serve a rural area with 48% practicing law in their REAL community.

Of the respondents practicing in a rural area, 96% indicated they were likely to continue working in their current community for the next five years.

72% of respondents that are currently living in a rural community grew up in a rural community, whereas only 42% respondents living in urban communities grew up in a rural environment.

46% of REAL students are female.

Over 80% of respondents actively participated in access to justice initiatives.

Rural Education & Access to Lawyers Program Review – June 2018

Firms • • •

There were 111 approved REAL funding requests between 2009 – 2017 to 68 separate firms across BC. 28 firms were awarded funding more than once, with five of those firms receiving funding more than two times over the nine years.

As the program matured, the rates of articles offered and accepted changed: o Between 2009 and 2014, 54% of firms offered articling positions with 38% of students accepting those offers. o Between 2015 through 2017, 92% of the firms offered articling positions to their REAL student with 64% of students accepting those offers in 2015 and 2016.

Details of the metrics analysis can be found in Appendix D: Program Metrics Details.

Geographic Locations In the last five years, REAL has undertaken an annual review of the demographic statistics to determine key areas that are in need or at risk of becoming a high needs community. Our goal is to identify these communities and step up our outreach to firms that may be able to hire a REAL student.

In highlighting these areas, we are not only reaching out to firms, but are increasing the visibility of potential opportunities for law students and young lawyers. The list of high needs communities is on the REAL web page and people use this list as a starting point in their career roadmap.

It is our intention to target key communities that are highest risk so that, over time, students are placed and remain in those communities. Our key target areas this year are North Coast, Northern BC, North and West Vancouver Island including Port Alberni, and some pockets in the Interior and Kootenays.

Below is a snapshot that captures the proportional change of practicing lawyers in 2009 and again in 2018.

The numbers indicate there was an overall increase of lawyers with under 11 years legal experience (6%).

However, the proportion was significantly higher in communities where REAL had placed a student (13%).

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Rural Education & Access to Lawyers Program Review – June 2018

Spotlight on the Cariboo One area the REAL Program has targeted in the past is the Cariboo Region. This large geographic area has three main centers, 100 Mile House, Williams Lake and Quesnel.

Like many rural communities, practicing lawyers in this area were aging and there are concerns about the ability to bring in younger lawyers. REAL funded three students in both 100 Mile House and Williams Lake.

In 100 Mile House, the student in 2010 has left and is practicing in Fort McMurray. The two REAL placements in 2012 and 2014 have both gone on to article, set up their practices and become partners of firms in 100 Mile House. Similarly, in Williams Lake, two of the REAL students still practice with the same firm, and one is now a partner.

One third of experienced lawyers in the Cariboo region will be starting to wind down their practices. The addition of two lawyers with less than 10 years call helps alleviate an access to justice crisis in the region.

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Rural Education & Access to Lawyers Program Review – June 2018

Current State Conclusion The REAL Program is meeting its mandate of access to justice in British Columbia. The nature of REAL is to make small, incremental change. The numbers of student placements are quite small, but the impact that those placements have on a community is immense.

The REAL Program focuses on ways to attract young legal professionals to rural communities for the long term. REAL was set up as a proactive step to address potential access to justice issues before they became critical. The REAL Program opened the doors to discuss access to justice and raise awareness of the potential crisis that loomed. The program placed one hundred and eleven students in firms across the province with seventy-one still practicing in rural communities. Visibility was and still is the key to the success of the REAL Program.

Over the past five years, the program has been able to identify and target the most critical high needs communities, so we could get the best results and meet the access to justice mandate. Each year, the program staff completed assessments and adjustments were made to the process. Our ability to assist firms from the neediest communities to hire and keep the high caliber of students increased. As a program, REAL has gained credibility and is seen across Canada as having set the bar for access to justice in small communities.

Our participating firms are offering articling positions at an increasingly high rate. They can get a good sense of the student's capabilities and fit in the firm and the community. They can build a rapport with the student that will continue long past the four months during the summer.

The students’ expectations are set early and they are receiving a more satisfying work experience, which includes the experience of a legal practice in a small community. This is a lifestyle choice that they need to assess. The goal is to attract students who can see building their career and life in a small community.

The rural communities that have REAL students return to article are experiencing benefits. The young lawyers may bring their families and friends to the community. They are bringing economic growth. They are buying homes and hiring staff. They are attracting people from neighbouring communities. They are providing long-term access to justice for the community.

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Rural Education & Access to Lawyers Program Review – June 2018

Alternatives Analysis There are several options available to the REAL Program in the future. Based on the preceding analysis, the REAL Advisory Board has provided their recommendation as it relates to each option.

6.1 Second Year Student Placement Program The first option is to continue the program as it has been since 2009. The focus of the REAL Program is on student placement where we provide funding to firms to place second-year law students in rural communities. It is the goal that the student will article and ultimately continue to practice in that community.

Recommendation: The REAL Advisory Board unanimously agreed that the program should continue to support this initiative, albeit to a lesser extent. The Board is recommending we use half of the funding to support the placement of five to six students in specific high needs communities. Fewer student placements will mean returning to a very targeted approach of identifying communities where the need is greatest, and then approaching firms best suited to bring on, train and mentor a suitable student with long term goals aligned with the targeted community.

6.2 Loan Forgiveness In 2016, the CBABC prepared a detailed submission to the BC government proposing a student loan forgiveness program for lawyers who commit to working in communities in BC that have been identified as having a high need for legal services. These are mostly more rural communities where the lawyers have retired or left. The model is based on that used for health professionals and government workers in more rural communities, with payments written off over a five-year period. This initiative received positive reactions from government, with the suggestion that a model be developed for some trial programs.

With the work the REAL Program has done on identifying communities at high need for lawyers and its network reaching out to law schools and firms in small communities, it is a natural fit to continue this work.

The CBABC has requested it expand its mandate to move forward in this area.

For the LSBC this proposal will strengthen rural bars, will create a greater pool of lawyers for legal aid family and criminal cases in rural areas and legal services generally thus increasing access to justice. Access to justice for those who are marginalized in society is also a focus for the LFBC. The plan is to partner with a couple of communities, obtaining support of local government, chambers of commerce and others, for a funding commitment from the provincial government to forgive the provincial portion of student debt for two or three lawyers over a five-year period. There will then be an assessment of this incentive and consideration of seeking to expand the initiative more generally.

Recommendation: The REAL Advisory Board agreed that the program is a good fit with the REAL Program.

REAL support would come through time and resources to coordinate the initiative.

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Rural Education & Access to Lawyers Program Review – June 2018

6.3 Assistance in Funding Articling Students REAL could shift the focus away from placing second-year students and working with firms in high needs communities, to attract and partially fund an articling student. The REAL Advisory Board agreed that this option is not viable.

1. Currently the salaries paid to articled students vary significantly in various parts of the province, with students in larger firms in urban areas being paid more. Some students are (apparently) not paid at all. Some firms pay for the Professional Legal Training Course and pay salaries while students attend, and others do not. Therefore, setting a contribution from REAL will be difficult in terms of determining what amount to pay.

2. If we fund some lawyers or firms to hire students, we will get complaints from other lawyers and firms that we are creating an uneven playing field.

3. The LSBC may not be supportive of funding firms to hire articled students when the bulk of firms do it without assistance. The Law Foundation may also see this as outside its mandate.

4. The LSBC is currently undertaking a wholesale review of the articling process in BC and it is not an opportune time to become involved in articled student placement while that is occurring.

5. We may see firms that apply and, if rejected, not hire a student – where the firm might have done so on its own if there is no REAL program providing funding.

Recommendation: The REAL Advisory Board does not support this option.

6.4 Shift focus to support New Calls in Rural Communities REAL could also shift the focus from funding second-year law students to providing support and incentives to draw and retain new calls to high needs communities. The support may include educational, financial, mentorship or other initiatives.

The REAL Advisory Board recognizes that there is a significant gap for lawyers with less than five years call.

REAL can raise awareness of the support that is currently available (i.e. SoloLink, professional development, legal resources and some limited mentoring). REAL’s current surplus funding project includes building a microsite that showcases resources available along with the development of some additional professional development programming targeted to rural practitioners. Additional research is needed to determine how to best continue to support this group of practitioners.

Recommendation: The REAL Advisory Board recommends using the remaining 50% of funding to build resources aimed at supporting rural practitioners in the early stages of their career. These resources could include adding professional development modules and/or creating a rural mentorship program.

6.5 Alternative Funding Options It is our hope to continue to partner with the LFBC and LSBC to provide the valuable services to rural communities. We explored alternative funding options if funding from the LFBC and LSBC were to stop.

Many potential sources have geographical or other conditions attached, which negatively affect our program mandate, especially in high needs areas of the province. Presently, much time and effort go into Page | 12

Rural Education & Access to Lawyers Program Review – June 2018

ensuring the program provides support in order that all areas across the province have access to legal services. Conditional funding would make it difficult to ensure consistent program rollout high need areas if we lose our autonomy in determining where and how the funding is implemented. This significant risk highlights the need for funding from sources like the LSBC and LFBC that have province-wide mandates.

Recommendation: The REAL Advisory Board does not support this option.

6.6 Discontinuation of the REAL Program A final option available is to close the REAL Program. This will be necessary if our funding sources are discontinued or reduced to a point where the program is no longer viable. This option would halt student placements and additional program support going forward.

Recommendation: The REAL Advisory Board does not agree that this program should be discontinued.

REAL continues to meet the access to justice mandate and is still necessary in British Columbia. It is our hope that our funders will continue to support the program.

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Rural Education & Access to Lawyers Program Review – June 2018

Future Program The REAL Advisory Board recommends that, starting in 2019/20, the REAL Program continue with a threeyear commitment of current funding levels from the LFBC and LSBC. A multi-year financial commitment enables REAL to create a detailed rollout and execution plan as we expand the program to support a larger rural practitioner demographic.

We propose that in this next phase, Phase 5, the REAL Program will support: A modified Second-Year Student Placement Program (focusing on placing 5 students in targeted High Needs areas) A pilot project for student loan forgiveness and ongoing lobbying of government Development of new resources that would support new calls in rural communities.

The following table summarizes the evolution and the combined funding sources of the REAL Initiative since its inception (based on CBABC fiscal year reporting).

Phase

Length

Years

Phase I

3 yrs.

2008-2010

Phase II

2 yrs.

2011-2013

Phase III

1 yr.

2013/14

Phase IV, Yr. 1

1 yr.

Phase IV, Yr. 2

LFBC

LSBC

CBABC

720,000

Total 720,000

150,000

150,000

300,000

50,000

50,000

50,000

150,000

2014/15

75,000

50,000

125,000

1 yr.

2015/16

75,000

50,000

125,000

Phase IV, Yr. 3

1 yr.

2016/17

75,000

50,000

125,000

Phase IV, Yr. 4

1 yr.

2017/18

75,000

50,000

125,000

Phase IV, Yr. 5*

1 yr.

2018/19

75,000

50,000

125,000

Phase V**

3 yrs.

2019-22

225,000

150,000

375,000

* Projected funding ** Potential three-year funding request

Program Objectives The student placement program has always been the cornerstone of the REAL Program. Initially, there was a need to get the word out and promote attracting young lawyers into rural areas.

In Phase V, REAL will target a small number of high needs communities that have the best chance of success. The intention is to attract and provide innovative opportunities that promotes success for young legal professionals in high-needs communities. The shift will be REAL determining which communities are in highest need and will approach firms in those communities.

Through Program Review surveys and interviews, we identified significant gaps that rural lawyers face: • Access to legal resources • Legal education opportunities Page | 14

Rural Education & Access to Lawyers Program Review – June 2018

• • • •

Building a supportive community for rural practitioners Business development skills Mentorship opportunities Health and wellness concerns.

Building on resources we currently have or that are in development and collaborating with current resource providers, we can address some of these gaps. For instance, there is a great need for a mentoring program for young rural practitioners. Establishing a rural mentoring program would alleviate some of the feelings of isolation and create a sense of community.

Organizational Direction There is a significant shift in how REAL will approach its priorities going forward. REAL will become more proactive and focused on specific communities and supporting young professionals. However, there should be no significant overall changes or effects on the current resources, tools or software.

Strategic Alignment Both the LSBC and LFBC actively support access to justice initiatives across British Columbia. Our proposed focus on support for new calls aligns well to LFBC and LSBC’s strategic priorities.

• • • •

Provide education to groups with particular legal needs.

Assist lawyers and students in meeting the standards that can lead to better and healthier lawyers and reduce the likelihood of incidents that will lead to a regulatory outcome.

Develop initiatives to improve the retention rate of lawyers in the profession by promoting initiatives to improve the equity and diversity of the legal profession.

Work on initiatives to improve access to legal aid representation in smaller communities.

We look forward to our continued partnership to promote access to justice across the Province of British Columbia.

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Appendices

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Rural Education & Access to Lawyers Program Review – June 2018

Appendix A: Cost of Justice Infographic The Cost of Justice project (2011-2016) examines the social and economic costs of Canada’s justice system.

Comprised of leading access to justice researchers investigating the various dimensions of cost across the country, the Cost of Justice project is producing empirical data that will inform the future of access to justice in Canada. This research is supported by the Social Sciences and Humanities Research Council. The Cost of Justice Infographic

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Appendix B: Survey Response Details Past Firm Responses A total of 12 of 14 firms responded (86%): • • • •

10 respondents (84%) indicated that they were ‘very satisfied’ with the program with the remaining 2 respondents selecting somewhat satisfied.

12 respondents (100%) indicated that the REAL Program was a contributing factor in the decision to hire a 2nd-year summer student.

12 respondents (100%) indicated that they would work with the program again.

11 respondents (92%) of respondent felt that the REAL Program was useful in supporting access to justice across BC

The feedback on whether the respondent felt REAL was useful in supporting access to justice included comments such as: •

•

•

It provides 1) a student, who MUST be seriously contemplating a rural practice, the opportunity to see what it would be like and 2) it provides a sole practitioner like me - who is seriously looking to find a student/then articling student/then lawyer - the opportunity to explore finding that right person for a rural practice. This is no small feat - to find the right person AND to figure out how to accommodate some succession planning financially. It is an enormous, if not strangling financial commitment for someone in my similar position to take on a summer student, never mind an articling student - requiring someone in my position to hand directly out of my modest salary the funds for a student / articling student. What REAL did for me specifically is provide the funds to me so I had the opportunity to start exploring the serious possibility of finding a young person who would want to practice here. While the student I had (very capable, BTW) came to discover that this part of the world was too small for her, nonetheless the experience has inspired me to continue on. I received such good applications through the REAL Program, I went back through them with a view of hiring one for an articling position. Thank you, REAL. It looks like your goal will eventually be accomplished here - not quite as originally planned, but I am determined to find a young lawyer who will want to be here in rural BC. I think that the students have for the most part already made up their mind where they want to practice. The rurals would be rurals and the city, city. The opportunity to see rural practice may however tip the scale for the undecided.

Hiring summer students in rural areas is not the solution to the access to justice problem.

When asked what steps or actions CBABC could take to support access to justice across BC, respondents suggested some alternative steps: • • •

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Potentially extend the program to include articling students so firms with limited income have financial assistance with the high cost of an articling student.

Promote appointment of judges and increased court time in the Peace River area Lobby LSS and the AG to increase funding for Legal Aid in our province

Rural Education & Access to Lawyers Program Review – June 2018

•

Assist with funding for articles and promote 2-3-year calls to make the move to rural communities Support small rural firms. They bear a disproportionate cost compared to large firms when it comes to CLE and dealing with the Law Society's demands.

Subsidize ADR and mediation courses and resources for lawyers in rural areas.

• •

Additional quotes: “REAL was very good to me - I couldn’t have asked for better support - or better inspiration to continue to work towards the goal of access to justice in rural BC” - Linda Locke “Just keep on doing your great work.” - Peter Messner, Q.C. “Allowing small rural firms the opportunity to show students what practicing in a rural area is like with some financial assistance.” - Jody Lownds Past Student Responses 48% of former REAL students contacted, responded to the survey.

• •

• •

•

• •

48% of respondents are practicing law in their Real community. An additional 6 respondents 14% are practicing law in another Real community.

Of the 26 respondents practicing in a rural area, 23 indicate that it is very likely they will continue to practice in the same community. The other 3 indicate that it is somewhat likely that they will continue to practice in the same community.

The remainder of the respondents are either practicing in an urban center, still in law school or no longer practicing law.

When asked if their participation in the REAL Program influenced their decision to seek a position in a rural community, 88% of respondents indicated it had some influence on their decision, and of that, 42 % said it was a large influence.

88% of respondents found that their participation in the REAL Program was very useful or somewhat useful in preparing them with the skills and experience needed to practice in a rural community.

Over 90% felt that their clients valued having a local lawyer.

Over 75% of respondents identified increased legal aid funding as a step to further promote access to justice across BC.

Some feedback that the former students considered the biggest disadvantages of being a rural practitioner include: • •

•

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Harder to get trial dates.

One of the biggest disadvantages is likely the small pool of other lawyers from whom to draw ideas from. In a metropolitan centre, there would likely be more people around to bounce ideas off of, which I suspect would help keep lawyers more current in their knowledge of the law.

Travel time to various courthouses, lack of courthouse library resources available locally.

Rural Education & Access to Lawyers Program Review – June 2018

• • • • • • • • •

• •

• •

Perception. The public perception is certainly that a rural practitioner is less skilled than an urban practitioner. However, the professional perception is if anything the opposite. there are certain areas of law we don’t see much of or don’t have enough experience to deal with and have to refer it to larger centers.

Lack of access to CBA section meetings and CLE. The salary I received was significantly lower; the mentorship opportunities were difficult to find.

Lack of support of other counsel who are similar call and in similar fields Isolation, hard to connect with practitioners from other communities.

There are many - many of the disadvantages I see are probably also disadvantages of being a new call. The biggest is being alone without support of other lawyers or other lawyers to talk to.

Extra stress from varied and inconsistent work Public perception. There are two kinds of lawyers in a smaller community: those who want to be here and those who have to be here. Both the public and other lawyers sometimes assume that good lawyers gravitate to big cities.

Clients can be in towns far away and that can make it difficult to get documents signed and submitted by normal deadlines.

No options for changing my practice into an in-house type lawyer, no able to narrowly focusing the practice (except perhaps in family law), few opportunities for social justice, environmental law, municipal law, or other narrow legal fields.

Lack of mentoring/opportunity to observe senior and other highly qualified counsel.

Access to legal resources, access to court and chambers availability, the requirement that original documents be filed requiring courier fees and other logistics

When asked how we could minimize these disadvantages in the future, responses included: •

• • • • •

•

•

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Appointing more judges for the North. Because we are more rural up here, the judges that do sit are often traveling to the smaller communities. Because of the lack of resources, often the circuit courts only sit once or twice a month.

Better online tools, precedent banks.

I'm not sure there is much that can be done to change this perception. It seems to go hand in hand with the difficulties the profession faces with filling rural positions.

The B.C. branch of the CBA could provide better educational opportunities in rural areas.

Access to funds for all legal matters. Not just family law matters.

Forgiveness of student loan debt for people practicing in rural communities would help.

Decreasing the costs of insurance with Law Society. Grants or lowering cost options for lawyers in rural communities pursuing continuing ed opportunities through CBA, CLE and PBLI. I think that additional training and networking needs to be available for solo rural practitioners under 10 years of call. Solo link has been helpful - I think more programs like this through the CBA or law Society would be excellent. More in-depth training programs where rural practitioners can meet in person and network. new firm business models for rural practice - undertaken by the lawyers in the rural communities

Rural Education & Access to Lawyers Program Review – June 2018

•

• •

•

•

Other than changing perceptions about the skills and abilities of rural practitioners, I think that providing a service in which rural practitioners can call for assistance in specific areas of law would be helpful.

As long as there is remote attendance for professional development, I don't see any significant interventions necessary.

Widespread access to the internet is the best thing. Emailing documents is easy and fast. The final signature can be arranged by emailing documents to the client or they can get public transit.

It is possible that in conjunction with law firms in Vancouver and using web-based platforms that I could be working in different fields while working from home. Breaking into that field with now a very "small town practitioner" type experience could be challenging.

More funding to the courts, more online resources offered by court libraries, more flexibility granted by the registry to rural practitioners

What the respondents considered the biggest advantage of being a rural practitioner: • •

• • • • • •

•

•

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Lifestyle and work-life balance I would consider the biggest advantage of being a rural practitioner to be the intimacy with which the bar gets to know each other. By this I mean that counsel will frequently interact with one another on files over their careers, and as such, they become familiar with one another. I believe this makes for better working relationships over the course of one's career.

My breadth of experience is, at least where I am, significantly greater than my peers with the same amount of time called.

The quick amount of experience you get at the beginning of your career and the amount of support you get from fellow lawyers Being able to have closer connections with your clients, and the community as a whole.

Reasonable work hours and billable expectations. Less stress. Very small collegial bar (10 lawyers in the town). Don't have the rat race pace to life that occurs in the city.

I get exposed to a wider variety of law. My cost of living is much lower while my salary is relatively competitive.

Work-life balance is better; the opportunity to be in a senior management position at law firm faster; opportunities to work on high-quality files at a much younger call age than peers in bigger centers that have a plethora of lawyers competing for files.

Many rural practitioners work more than lawyers at major law firms. I have tried to stay true to keeping a reasonable work schedule. I feel that this is advantageous. One disadvantage is that I feel that many lawyers don't respect lawyers that take time off (especially younger lawyers). I also think I make more money practicing on my own in a rural setting then if I worked at a major law firm. I think that this an advantage that many people would never think about (probably because most people, especially in rural communities, don’t talk about their salaries) I get chose my hours, no commuting, work fewer hours, make more money compared to the cost of living.

Rural Education & Access to Lawyers Program Review – June 2018

•

•

My hours and flexibility, my immediate interaction with clients from my articling position and into my first year of practice (i.e. not a research assistant or associate working on other lawyers' files).

I am able to give myself the time I need to enjoy my lifestyle. I do hope the profession will continue to change to support lawyers especially junior lawyers who purposefully work less to ensure they protect their health and lifestyle. There seems to be a sect that is against this "millennial view" however I truly think this is the way to engage and maintain professionals in small communities. For instance, all the doctors in our community work 1/2 time (two share one practice or a full-time position). It used to be difficult to find doctors to live here and now there are no vacancies.

When asked what could be done to encourage more lawyers to practice in rural communities: • •

•

• • • • •

• • • •

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REAL Program or similar programs There needs to be a better support system for young lawyers practicing on their own in Rural areas. Without that support, if young lawyers are laid off they are forced to choose between relocating to a different community or changing career path. I am a prime example.

I'm not sure, but I do perceive that law students view rural lawyers as somehow less accomplished. There should be a way of communicating with law students and new lawyers that there are opportunities in rural communities that are not available to new lawyers in metropolitan areas. Perhaps information could be disseminated on lawyers who practiced rurally who were appointed to the bench, or who are now QC, etc.

Break the myth that you can only be "successful" in a large center.

Keep the program going or expand it Introduce networking and lifestyle opportunities.

Have more firms participate in establishing relationships with individual students. These firms have to take a more active approach to succession planning.

More options to work remotely from bigger firms in the cities may encourage lawyers to try living in a small town. Encouraging more flexible work days, job sharing, part-time, etc. at small rural firms would appeal to me and many of my friends. I would be much more appealed by a job in a rural community if I had the option to depart from the traditional Mon-Fri, 9-5 office structure. The appeal of living in a small town is the access to wilderness, mountain biking, skiing, and other activities that require being flexible with weather and having longer time off than just a two-day weekend. For example, I would rather not work during the only daylight hours in the winter and instead work more in the evenings.

Urban lawyers tend to perceive rural lawyers as less sophisticated. This needs to be changed.

Government student loan forgiveness.

Better support outside of urban areas. Let’s face it, the CBA needs to get out of its offices and drive past Hope to see the reality of this province’s legal industry.

For young lawyers, it's likely a money issue. I don't see a way of changing that. Maybe you could target 5-year calls... At that point, they've lived that busy (often unsatisfying) lifestyle of an urban lawyer and want out. The challenge there is that they'd have to be willing to cut their pay in half. The rural cost of living makes up for a lot of that but definitely not all.

Rural Education & Access to Lawyers Program Review – June 2018

• •

• •

• • •

Offer financial advantages to practicing in these areas (decreasing costs of being a lawyer if practicing in those communities).

I think more information about what it means to be a rural lawyer in a positive light: i.e. showing them and engaging them with lawyers that DO have a work-life balance, showing them and engaging them with lawyers that DO take complex work, showing them and engaging them with lawyers that ARE financially successful. There is such a range of rural lawyers: some are excellent, and others are not (many are struggling financially, health-wise, and they aren't always competent in their practice areas). I think we need to find the good ones and focus on those lawyers as ambassadors to train and encourage new lawyers to follow a similar path.

I suppose getting more speakers and lawyers in rural areas out to universities.

It's a lifestyle preference. If you don't enjoy outdoor recreation and small-town life then rural practice probably won't be for you. However, if you do enjoy this type of lifestyle then these are the types of people that we need to encourage to pursue a rural practice.

I think it is a special kind of person that is able to fit in and practice in a rural setting.

Better legal aid funding Expand the REAL Program to offer more opportunities, have more workshops and information events at law school, tackle the myth that all lawyers should be streamlined towards large transnational firms

Feedback on what motivates these former students to practice in rural communities include: •

• • • • •

• • • •

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The diverse community and knowing that I have the opportunity to help members of our community that have low incomes and are often struggling with mental health and addiction issues.

I prefer the quiet of rural areas compared to big cities. I also enjoy the diversity of work that I feel is available to me by virtue of working in a small community with fewer resources.

Accelerated opportunities from both a career and skill development perspective.

Connection with the community, connection to a collegial bar here It is my hometown. I have some family and friends here. I also prefer the lifestyle of small towns.

My work hours are fantastic compared to my counterparts in the city.

I had a desire to live here when I first moved here. I originally was going to quit practicing law all together just so I could live here. When no other job opportunities presented, I started my own office. I have been living here for three years and really enjoy practicing in the community my clients and satisfaction in helping people keep me here.

I’m established in my career, have bought a home and office building and am expecting my first child.

Recreational lifestyle, low cost of living, opportunity to practice in a diverse practice area with limited competition from other legal service providers.

My partner lived here and I moved to join him. My "small town" practice is varied and interesting, so I continue to practice here.

Family, lifestyle, work-life balance

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Notable Quotes from former REAL students: “I knew I didn’t want to work in a big city but not necessarily rural. I wouldn’t have been able to get a foot in the door in this rural town without the REAL Program” [Clare Hauser] “I had a great learning experience while participating in the REAL Program which certainly served to make the rest of my academic career much easier.” [Michael Gilson] “I am confident working in a rural community will provide me with a better work/life balance.”

[Naomi Kovak] “We have a wonderful life here. We work for the most part, 40-hour weeks, enjoy skiing in the winter and hiking in the summer. We've been able to purchase a house and will probably have it paid off before we're 50 years old.” [Erin Crocker]

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Appendix C: In-depth Interview Summaries Naomi Kovak, REAL Student 2011, now in Vancouver.

Naomi was raised in Sparwood, near Fernie BC, so a rural practise was in her future. Her husband has a cityoriented job though, so the city is their home for now. The future may hold a move out to a rural community.

Naomi feels another good way to increase access to justice and support rural practise is for some greater emphasis to be placed on rural articles. Of course, the big firms and city firms generally are on students’ minds at articling time, so she suggests that perhaps the LSBC or CBA or the Foundation could find ways to encourage rural firms to have the contact with students that the city firms already have. She could not think of any obvious ways to do that though.

As for access to justice, she felt that even her short time with her single lawyer firm in Nelson helped individuals in a way that they would not have been helped without her. Generally, she agrees that any program that increases rural capacity is an improvement in access to justice. She noted that much client work that could have been done was not being done due to a lack of lawyers.

Paul Varga, REAL Student 2010, REAL Firm 2018 Spoke with an enthusiastic and grateful Paul Varga who has nothing but praise for the program and the quality of the students in it.

From a practitioner’s perspective, he sees the program as an opportunity for the law firm to see what students can do and how they can assist the firm. He knows that most small firms will say that they can’t afford or don’t have space for a student but having become the employer he now sees that it is worth the risk and that there is a return to the firm. Paul’s firm has had and will have this year another student which he is also excited about.

Is this a good way to improve access to justice? it doesn’t just get people out of the city and into smaller centres where their expertise and time is so needed, it gives the student a foot in the door for articles and shows the small firm that this is another tool for them to reach out in their community.

Paul expects that his firm will expand into another wholly underserviced community (Princeton), and serve the 4000 people there, something they could not do without the introduction of students from REAL! Steve Allardice, REAL student 2010, practicing in Courtney After completing his REAL position in Courtney, Steve articled in Victoria and worked there about four years. Steve has since returned to Courtney but says he would not have considered coming back if he did not have the REAL opportunity.

He feels REAL is a good way to introduce or re-introduce people to small-town life and now runs a solo satellite office!

Steve thinks that small town lawyers need financial assistance with articling students especially in solo and small firms.

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Rural Education & Access to Lawyers Program Review – June 2018

Elsa Wyllie, REAL Student 2010, articling in Vancouver Elsa is originally from the Kootenays and finished law school in New Zealand. Now articling in Vancouver.

She would love to go back to Kootenays citing lifestyle, quality of work, collegiality of bar and bench as her top reasons to return.

She is not sure she would even have thought to go outside the city for work if it hadn’t been for the opportunity presented through REAL. The program opened her eyes to the fact that law is very doable outside the city.

Rhonda Ruston, REAL Sole Practitioner 2017 Rhonda Ruston retired from a successful practice in Alberta and settled in Kaslo. Soon after she arrived, she noticed the dire need for lawyers in the area.

As an advocate for access to justice, Rhonda has taken on the crusade to bring in a young lawyer to the Kaslo area. Kaslo was an area that REAL identified as a high needs community and through our outreach, we were able to contact Rhonda and introduce the program to her. Rhonda brought in a REAL student last summer, but unfortunately, the student wanted to focus on litigation and would not be able to pursue that in such a small center.

What our program did do, however, is opened the conversation about succession planning and beginning the search for the right candidate to train, whether that person is a second-year student, an articling student or a new call. Even though her REAL student will not be returning to article, the search for a young professional to set up shop in the area continues.

Christi McAuley, Director of Career Services, TRU Law School The Law School at Thompson River University in Kamloops is one of the RE Program’s AL key allies. REAL works closely with TRU to ensure students interested in our program have reasonable expectations of what a rural practice is like. There are a couple of reasons why our values and support of this program align well: • •

Thompson River University is located outside the largest urban centers, they have a keen interest in supporting access to justice initiatives.

Also, the students that choose to go to school in Kamloops may be more inclined to take positions outside the larger urban centers.

Regardless, a large proportion of the students who apply and are funded under the REAL Program do come from TRU. Our wish to successfully address access to justice concerns in this province can largely be linked to partnering programs such as REAL with students who are inclined to be successful practicing in rural centers.

Terri Karpish, Career Officer, University of Saskatchewan Terri Karpish, formerly with the University of Saskatchewan, has been very involved with research concerning Articling and Access to Legal Services in Small Urban and Rural Centres in Saskatchewan. In a report to the Access to Legal Services Committee, Law Society of Saskatchewan dated April 18, 2017, Terri and Brea Lowenberger examine options to improve access to legal services in small urban and rural centres

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(SURCs) in Saskatchewan. The report points to the REAL Initiative as a ‘Thinking Outside the Box’ idea that should be considered in their province.

The access to legal services situation in Saskatchewan is critical. As with many provinces, they are looking to British Columbia for guidance in implementing programs that will alleviate some of the issues they are experiencing. The REAL Program Manager spoke at the Canadian Legal Careers Development Network Summer Conference in 2017. There is keen interest in how the REAL Program works and the impact that it is having in attracting and retaining young professionals in rural communities.

Kelly Melnyk, REAL Student 2015, now practicing in Lumby Kelly recently completed her articling at Dueling & Company in Lumby and has elected to continue to practice with the firm. She has already had talks about developing her practice into new areas and she has talks with her boss about this. Kelly is enjoying being able to experience multiple areas of law so that she can try to figure out what she really likes. She has narrowed in on elder law and is hoping to develop that area of her practice. She sees this is an “extra curricular” project and sees that there is time to develop these new areas.

The general practice part of rural practice is daunting. It is difficult to stay up on everything. More network or online resource would help. A gap identified during the interview was she was not aware of tools such as SoloLink and Trial Lawyers Association of BC. Kelly feels more can be done to encourage interaction amongst rural lawyers. Sending out emails or asking for favours is so hard for young lawyers. It would be helpful to have a rural lawyers conference to network and address the unique issues that rural practitioners deal with.

Living is a small community also has its challenges and it can be difficult to assimilate. Kelly has a very supportive boss and she also makes every effort to get out into the community including volunteering. She does work a lot but is well compensated and her cost of living is much cheaper than in an urban area.

Gavin Mather, REAL student, Courtenay, 2011, currently practicing in Comox For Gavin Mather, REAL was super useful in him choosing a rural practice. He did his REAL summer in Courtenay and if he would have been able to do his articling there, he would have stayed. Regardless, through REAL he was able to meet his current boss.

Finding an articling position was tough in Gavin’s case. His REAL firm was not able to offer a position but he did find one in Victoria. After articling he gained experience in family law before he moved into his rural practice in the North Island. He is very happy that he made the move with his young family where he now makes more money and has more flexibility.

Looking forward, Gavin would suggest the program look at covering part of the expense of bringing on an articling student. He would also suggest more CBA and Bar meetings in outlying areas.

Seth Cooper, REAL student, Prince George 2010, currently practicing in Victoria Seth Cooper would welcome the opportunity to move back a rural community. He had an awesome experience with his REAL firm but was not keen on Prince George. If he would have found the right fit and

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felt comfortable, he would be working rurally today. Risk and not knowing what’s out there are what is holding him back from rural practice today. What’s out there? Law firms for sale?

In his experience, the articling program is the issue. Seth was very let down by his articling experience and had to take time off after to reassess. Now that he knows what lawyers can be like he wishes he could go back in time and give himself a wakeup call.

Ryan Sookorukoff, REAL student, Trail 2009, currently practicing in Castlegar Ryan Sookorukoff completed his REAL term and articling in Trail with Michael Kew. If there wasn’t a REAL Program – Ryan knows he wouldn’t have had a summer job. Not yet in the position to take on as a sole practitioner after articling, he joined Thompson, LeRose and Brown in Castlegar where he remains today.

When you’re starting out you are inefficient, and you don’t want to ask the stupid questions to someone who is senior. What was missing was there weren’t other lawyers to talk to or to find other resources.

One of the main issues is finding someone who is committed to the area. Lawyers want someone who is going to stay in the area. The main barrier with our firm is that new lawyers don’t bill very much so we are looking with people that have at least 5 years’ experience before coming on board. However, experience from a big firm can be detriment to applying in a rural area. It is a different way to practice. It’s a bit of a balancing act.

The hardest thing as a rural lawyer is not be able to participate in the CLE or advocacy groups that are always taking place in Vancouver. Networking events would be better or offering some sort of credit or discounts to assist rural practitioners attend events.

Ryan says he may not make as much as typical colleagues but there is a great work-life balance and believes his quality of life is higher. There are five lawyers and each one has their own niche. Ryan is the civil litigator. He works from 8 to 5, takes a lunch and rarely needs to work on the weekends. He feels he made the right choice for him!

Jack Montpellier, REAL student, Trail 2012, currently practicing in Squamish Jack thoroughly enjoyed working with his REAL firm, the issue was the community and moving to the new community was challenging for him. He didn’t have a lot of friends. One thing was clear; he had no interest in living in the city. After articling in New Westminster, Jack returned to a rural practice in Squamish.

There is a culture in a lot of law schools that siphons people towards big firm work. To assist lawyers practicing in rural areas, he suggests: - A network for other people in the program would be helpful - If the program could investigate different community resources about what kinds of groups are available so that people are not lonely - Get an idea for people of recreation and incentive to help them integrate into the community.

- Panels at the universities to explain about rural life Life is a lot easier. Jack gets a lot more interesting work in a small community. He feels like he can do a lot of different areas of law and make more of a difference in the community. The lawyers do a lot of access to justice stuff. He has a great work-life balance.

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Appendix D: Program Metrics Details Students The REAL project statistics indicate, as of January 2018: 2009 -2015

2014-2016

•

• • • • •

53% of former students practice in a rural area 40% urban 7% unknown 75% of former students practice in a rural area 25% urban

Overall, 61% of former students continue to work in communities that serve a rural area.

Results from the anonymous survey distributed in December 2017 include: • •

48% of respondents are practicing law in their Real community.

An additional 14% are practicing law in another rural community with 29% practicing in an urban centre.

Almost 10% are not currently practicing law Respondents satisfied that they are meeting their professional goals at this stage of their career: ▪ Very satisfied 52% ▪ Somewhat satisfied 39% ▪ Neither satisfied or dissatisfied 6% ▪ Somewhat dissatisfied 3% Of the 26 respondents practicing in a rural area, 23 indicate that it is very likely they will continue to practice in the same community. The other 3 indicate that it is somewhat likely that they will continue to practice in the same community.

Over 80% of respondents actively participated in access to justice initiatives

• •

•

•

Respondents currently living in a RURAL community When asked to continue to practice in this community for the next 5 years: • 80% very likely • 16% somewhat likely • 4% no opinion

72% of respondents grew up in a rural community

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Respondents currently living in an URBAN community When asked to continue to practice in this community for the next 5 years: • • • •

50% very likely 33% somewhat likely 8% not very likely 8% not at all likely

42% of respondents grew up in a rural community

Rural Education & Access to Lawyers Program Review – June 2018

• 68% satisfied that practicing in a rural community will meet their financial needs.

• 19% are not sure

Gender Breakdown Below are the percentages of female students that obtained a summer placement under the REAL Program.

Although there were fluctuations, the first few years did see a disproportionate number of male hires. This trend seems to have become less pronounced in the last 5 years. The percentage of female students hired is much closer to the proportion of young female lawyers practicing law in BC, which is approximately 51% of lawyers under 40.

2009 2010 2011 2012 2013 2014 2015 2016 2017 Total Overall

27% 29% 73% 30% 47% 50% 56% 33% 60% 46%

Firms There were 111 approved REAL funding requests between 2009 – 2017 to 68 separate firms across BC. 28 firms were awarded funding more than once with five of those firms receiving funding more than two times over the nine years.

2009 -2014 2015-2017

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• • • •

54 % of firms offered article 38% of students accepted the offer 92 % of firms offered article Too early to confirm which 2017 students accepted an offer to article