Several Edmonton defence lawyers say they will no longer take on Legal Aid clients over a contentious new contract.
Lawyer Simon Renouf, seen on May 4, 2022, is one of an unknown number of lawyers withdrawing from Legal Aid work over a contentious new contract.
Jonny Wakefield - Yesterday
Last year, Legal Aid Alberta introduced a new agreement for lawyers on its roster — who handle criminal, family law and other cases in which a person cannot afford to hire a lawyer at market rates.
Lawyers who have seen the contract, which took effect May 1, said it allows Legal Aid to terminate lawyers without notice or cause.
Simon Renouf, a defence lawyer in practice for 30 years, said he knows of between 40 and 50 Alberta lawyers who have refused to sign the agreement. He said the result will be fewer experienced lawyers able to defend needy clients.
A spokesperson for Legal Aid, however, said there would be no change in service if lawyers do walk away from the roster. Meanwhile the organization announced plans to “modernize” its fee framework for the first time in years.
“There’s going to be a trickle-down effect, in that more serious cases will go to more junior lawyers, because of Legal Aid’s unwillingness to negotiate with senior members of the bar,” Renouf said, adding the process left some lawyers feeling “that we were not being respected by Legal Aid.”
‘In the best interest’
Founded in 1973, Legal Aid is an non-profit organization funded by the federal and provincial governments, as well as interest from lawyers’ trust accounts. The organization is independent from government but answers to the minister of justice and the Law Society of Alberta.
It is different from a U.S.-style public defender system, in which the government directly employs defence lawyers.
Renouf said senior lawyers take on legal aid clients out of a sense of duty or because the case interests them. For new lawyers, legal aid cases are a steady source of work that can help raise their profile.
Deborah Hatch, an Edmonton defence lawyer, said the defence bar first learned of the new contract last spring. In December, Hatch and a dozen other senior defence lawyers sent a letter to Legal Aid suggesting changes to some of the language.
“The response we received back indicated that no terms would be negotiated and we’ll be sorry to see you go if you choose not to sign it,” she said
The provision allowing for causeless firing “is an appalling way to treat human beings,” she said. “I’ve never seen any kind of contract that would have that kind of a term in it.”
Andy Gregory, a spokesperson for Legal Aid, defended the new agreement.
“It’s been over a year, we consulted with and got support from leadership in the criminal and family bar … and we’re confident it’s in the best interest of the legal aid system and disadvantaged Albertans,” she said in an email.
Other defence lawyers who declined to sign the contract include Rory Ziv and Tom Engel — who said two other lawyers in his firm initially signed the contract but later withdrew over concerns with the new terms.
Edmonton Journal
Last year, Legal Aid Alberta introduced a new agreement for lawyers on its roster — who handle criminal, family law and other cases in which a person cannot afford to hire a lawyer at market rates.
Lawyers who have seen the contract, which took effect May 1, said it allows Legal Aid to terminate lawyers without notice or cause.
Simon Renouf, a defence lawyer in practice for 30 years, said he knows of between 40 and 50 Alberta lawyers who have refused to sign the agreement. He said the result will be fewer experienced lawyers able to defend needy clients.
A spokesperson for Legal Aid, however, said there would be no change in service if lawyers do walk away from the roster. Meanwhile the organization announced plans to “modernize” its fee framework for the first time in years.
“There’s going to be a trickle-down effect, in that more serious cases will go to more junior lawyers, because of Legal Aid’s unwillingness to negotiate with senior members of the bar,” Renouf said, adding the process left some lawyers feeling “that we were not being respected by Legal Aid.”
‘In the best interest’
Founded in 1973, Legal Aid is an non-profit organization funded by the federal and provincial governments, as well as interest from lawyers’ trust accounts. The organization is independent from government but answers to the minister of justice and the Law Society of Alberta.
It is different from a U.S.-style public defender system, in which the government directly employs defence lawyers.
Renouf said senior lawyers take on legal aid clients out of a sense of duty or because the case interests them. For new lawyers, legal aid cases are a steady source of work that can help raise their profile.
Deborah Hatch, an Edmonton defence lawyer, said the defence bar first learned of the new contract last spring. In December, Hatch and a dozen other senior defence lawyers sent a letter to Legal Aid suggesting changes to some of the language.
“The response we received back indicated that no terms would be negotiated and we’ll be sorry to see you go if you choose not to sign it,” she said
The provision allowing for causeless firing “is an appalling way to treat human beings,” she said. “I’ve never seen any kind of contract that would have that kind of a term in it.”
Andy Gregory, a spokesperson for Legal Aid, defended the new agreement.
“It’s been over a year, we consulted with and got support from leadership in the criminal and family bar … and we’re confident it’s in the best interest of the legal aid system and disadvantaged Albertans,” she said in an email.
Other defence lawyers who declined to sign the contract include Rory Ziv and Tom Engel — who said two other lawyers in his firm initially signed the contract but later withdrew over concerns with the new terms.
Legal Aid promises fee structure reform — but new funding up in air
On Thursday — days after new funding was announced for judges and Crown prosecutors — Legal Aid announced plans to simplify its fee tariff structure to ease “administrative burdens.”
It stopped short of committing to new funding, which is in the hands of the provincial government.
Ministry of Justice press secretary Joseph Dow said with the review underway, “it is too early to determine the final outcome.”
“We look forward to Legal Aid Alberta’s findings, which are expected this fall.”
Danielle Boisvert, president of the Criminal Trial Lawyers’ Association, hopes the overhaul will not only simplify the system, but increase the base pay for legal aid lawyers, “similar to what Crown prosecutors just received.” The Legal Aid tariff rate currently sits at $92.40, which critics say barely covers the costs of running an office.
Boisvert, who signed the new contract, said the CTLA debated the issue but ultimately took no position. She said going forward, the organization will focus on improving the fee structure, while acknowledging the concerns some lawyers have.
“We absolutely respect that there is a group of lawyers who wish to express their disappointment with the contract publicly,” she said.
Gregory said the organization’s roster sat at around 1,200 lawyers both before and after the May 1 contract. She said it was not possible to say how many lawyers left the roster since the agreement because new lawyers have been added and others who no longer practise have been removed.
She said the Legal Aid roster “grows by the week” and that 50 new lawyers have signed on in 2022.
“There’s absolutely no concern … that we would have any issues getting a lawyer for a client,” she said.
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