A message from The Honourable Jonathan Denis, QC, Minister of Justice and Solicitor General
One of the goals and priorities of Alberta Justice and Solicitor General is to ensure Alberta has a fair, accessible, and innovative justice system that puts Albertans first.
At the first Joint Action Forum on Civil and Family Justice recently held in Edmonton in November, 2013, judges, lawyers, academics and representatives from organizations throughout the province discussed the many and complex issues regarding access to justice in this province. The consensus was that many Albertans face significant challenges when they seek justice.
What was revealed in the Forum was that many Albertans view the justice system to be:
- intimidating;
- inefficient;
- resistant to changes that could make it better; and
- expensive.
One of the results of high legal costs is that an increasing number of Albertans are now representing themselves - which highlights these problems and limits the access to justice. The consequences of limited access to justice have a domino effect on family life including economic stability, health, safety, and security. Closer examination of these problems indicates that they do not affect only low income earners. More and more middle-class, middle-income earners in Alberta are being affected by legal costs that, for them, are out of reach, especially in the area of family law.
Many litigants are choosing to represent themselves, believing they either do not need, or cannot afford, full service legal representation by a lawyer. Self-represented litigants may not earn enough to hire a lawyer, but earn too much to access Legal Aid.
Limited scope retainers, or unbundling, can help alleviate, not only the strain on families and individuals, but the strain on our justice system.
The province has supported limited scope retainers for legal services for some time now. Limited scope retainers are a viable option for Albertans who cannot afford full legal representation because a one-size-fits-all approach is not going to give Albertans the best legal representation possible. We need to work together to encourage this option as a way to meet the legal needs of Albertans in a timely and affordable way.
Though limited scope retainers are mainly a private practice issue, the effects of not having this choice available on a large scale throughout the province is ultimately felt by all Albertans by its impact on the justice system. Lawyers and their clients must be able to freely negotiate with minimal interference so clients can retain some control and save money by doing some of the legal work themselves. This makes legal advice more affordable, and our justice system more accessible for all.
The province is growing rapidly and sheer population growth means we need to do our work differently to ensure fair and equitable access to justice for all. We need to work together to achieve a justice system that fits in with what Albertans need and want. Let’s look at the big picture to come up with solutions that are based on individuals’ and families’ needs. One important part of this picture is to look at new ways of delivering legal services.
We need to look at new models. Let’s focus our efforts on the future and work together to change the way legal services have traditionally been provided in this province and forge a “made-in-Alberta” solution that helps self-represented litigants access legal advice and services. Self-represented litigants in Alberta would benefit from being able to choose to access unbundled legal services and, in the context of access to justice, all Albertans would benefit from limited scope retainers. The work of the Law Society of Alberta in this area is appreciated and the recent amendments to the Code of Conduct are a step in the right direction. The province supports limited scope retainers and believes Albertans should be able to access unbundled legal services.
Government does not have all the answers and we must respect that the law is a self-governing profession. We all need to acknowledge the role we play in that system. There are no easy or simple solutions, or they would be in place today. The system needs to change and we all have a stake in making those changes. We need to have the support of the legal profession, judges and other justice system partners to bring about positive change. Together, we can work toward a fair, accessible, and innovative justice system for all Albertans.