Law Society Bencher Election
The Law Society Bencher election is fast approaching and we want to encourage you to vote and tell you why we think this election is critical for the ongoing regulation of lawyers and paralegals.
This election is important, because the future of self-regulation of our profession is truly at stake. This view is informed by our experience in the area of professional regulation, and by the fact that a number of professions in other jurisdictions in Canada and elsewhere have lost their self-regulation status for failure to effectively govern the profession in the public interest.
Self-regulation is a privilege. Through self-regulation, the profession gets to set entrance to practice requirements and decides who is admitted into the profession and who is able to maintain standing in the profession. Self-regulation demonstrates a trust that the profession will leave aside their own self-interest in favour of protecting and promotion the public interest.
Self-regulation is worth fighting for. Lawyers will always be regulated. We must be. We will either regulate ourselves under authority of legislation in the public interest, or the government will regulate us. For those who question whether self-regulation matters, ask yourself if you can think of any government – current or past, in any jurisdiction – whom you would not want to regulate our profession. Once self-regulation is lost, it will be lost forever, and the government of the day will appoint all of those responsible for governing our profession (instead of some Benchers, as is the case today), and not all governments have the same view of what is in the public interest.
Benchers, whether elected or appointed, have the duty to regulate the profession in the public interest. They have neither the right nor the obligation to advocate for the interests of those who elect them, so be wary of voting for candidates based on promises or whose platforms prioritize the best interests of lawyers to those of the public.
Presently, there is a minority of public or lay Benchers. Reform is likely on the horizon. We recommend that you vote for those whom you most trust to manage that reform.
The governors of our profession should be chosen based not on promises or platforms but on the criteria most important to future decision-making. In our view, this must include integrity, professionalism, wisdom and fairness. We strongly support the self-regulatory model and encourage our friends and colleagues to vote in this, and every election.
