Executive Director’s Message

I am also aware that some of our members are significantly more impacted than others.

The Society’s focus over the past few months has been to support our members as best we can. I anticipate that this will continue to be the focus over the next year – after all, the public is best served by having a diverse group of lawyers who can provide competent legal services. A reduction in the number of lawyers available to provide those services is not in the public interest.

What are the challenges?

For many, it is simply surviving (emotionally, physically, financially, and socially) or waiting it out.

For some, it is the inability to move quickly enough to change our business model. For others, it is the overwhelming technology that we are not yet skilled enough to use.  And yet, I have seen lawyers move very quickly to interact with their clients remotely, to build networks of support, to advocate on behalf of their clients for access to the courts. I have seen lawyers find creative ways in which they can meet their client’s needs - therein lie the opportunities.

What are those opportunities for lawyers?

We do not need to return to the bricks and mortar, paper intensive practice of the past.

During the pandemic, lawyers have witnessed documents remotely, met with clients and attended court virtually. It does mean, that if lawyers conduct more business remotely, that they do so anticipating their client’s needs in this different environment.

Some of the questions you might ask yourself: Does the client understand my email? Do I need to communicate in a different way? What do I need to do to properly document my file?

Using technology can bring efficiencies and cost savings into your practice and can reduce time spent travelling to meetings (for both you and your client). This does not mean that we should abandon face-to-face meetings. On the contrary, this is a useful way to communicate with a client in certain circumstances (e.g. prepping a witness for trial, reassuring an anxious client etc.). However, the technology available continues to improve and lawyers who adapt their practice will reap the rewards.

Looking at alternate ways to deliver legal services has been on the radar for some time. It has not been fully embraced by the legal profession. Nor have different billing models been fully explored.

Lawyers who see the potential in innovative new models of delivery can take advantage of this now. If we are not going back to our old ways, why not adopt some new ones? This provides lawyers with more opportunities to create and define the environment in which they choose to practice.

Finally, lawyers have a role to play in redefining how our courts will operate post pandemic. The alacrity with which courts moved to online filing and electronic modes of communication serves as a role model of what can happen in the future.

We have witnessed how lawyers working with the judiciary and presenting constructive solutions can have a positive impact on access to the courts.

What are the opportunities for the regulator?

The Society has learned a lot in throughout this pandemic. We quickly moved to working and conducting our day-to-day business remotely but there were bumps in the road along the way.

Our IT infrastructure needs upgrading, we need to automate many of our financial processes and we need to update the member site so it is user friendly and a useful resource for members.  Our technology and knowledge of how to use it has to move faster. We have to be able to operate in the same space as the lawyers we regulate.

Technology cannot be the answer to everything. While committee work and Council work continue through virtual meetings, our priorities for the coming year include member support, community engagement and cultural proficiency.

We acknowledge that nothing can replace the interactions that occur when you are sitting across the table from a community member listening to the challenges they face accessing legal services.

In the months ahead, Council will need to develop new strategies to engage with communities and follow up with communities we have previously engaged with. We will also need to develop new strategies to ensure we support and engage with our members effectively in this new reality.

If we ask lawyers to develop innovative practices, we must encourage this and be ready to remove the regulatory barriers to such practices, as other jurisdictions are doing (Utah, California). This will be a focus in the coming year.

Another focus will be looking at Society fees. Should there be different fees for different types of practice as we see in Saskatchewan, Alberta and BC? Will this create more access to legal services? What would be the criteria?

Like law firms, we need to think about reducing our physical footprint and reducing our overhead costs. We need to be flexible and nimble and look at alternate working arrangements for some of our staff.

We need to balance this with the need to be accessible to the public and our members.

I cannot predict the future, nor can I guarantee we will all see the potential opportunities presented to us. However, I have no doubt that some of the changes we see today will positively impact the practice of law and the role of the regulator in years to come.

Tilly Pillay QC
NSBS Executive Director

2019-2022 Strategic Plan

Our Three-Year Strategic Goals & Objectives

Goal #3:  Nova Scotians will be served by a legal profession that is diverse, inclusive and culturally competent. We will:

• Continue to develop cultural humility, awareness and understanding of issues and barriers in the justice system affecting equity-seeking groups; 

• Develop mechanisms to hold members accountable for the delivery of culturally competent legal services 

• Continue to implement meaningful responses to the TRC Calls for Action and MMWIG Calls to Justice; 

• Honouring the recommendations of the Royal Commission on the Donald Marshall Jr. Prosecution, the Society will pay particular attention to the needs of Mi’kmaq and African Nova Scotians throughout all of its work; 

• Facilitate and encourage entry into the legal profession of members from diverse and equity-seeking groups by partnering with community organizations to educate community members about the role of the lawyer and the role of the regulator; 

• Identify and address barriers that affect the retention and advancement of members from diverse and equity-seeking groups in the profession; 

• Continue the integration of the equity and inclusion lens through all Society, Council and committee decision making and policies. 

* “Equity-seeking groups” include women, Aboriginal peoples, racialized peoples, persons with disabilities and persons seeking equality on the basis of their sexual orientation and gender identity. [Council Policy #2]