Introduction

While it is seemingly adull topic, the regulatory environment of law practice is very important in an externship placement and in the practice of law more generally. This section introduces several key regulatory environments that students will encounter during an externship:

Government Legislation

All provincially regulated workplaces are governed by multiple, often related pieces of legislation. At a minimum, these statutes and related regulations can include:

• Human Rights legislation
  • Provincial and Territorial Human Rights Commissions and Tribunals
• Health and Safety legislation
  • Government Departments Responsible for OH&S
• Employment Standards legislation
  • Employment Standards Branches by province

Law Societies

Law is a self-regulated profession. As such, every province and territory has a Law Society that governs acceptable practices in a legal workplace environment. This can include a supervisor’s duties to a law student, as discussed later in this text. Other areas of regulation can include management of trust funds and other financial matters, how law firms advertise their services, firm practices such as conflict checks, and many more. Note that most law societies, in addition to some variation on the Rules of Professional Conduct, also may have Bylaws, Practice Management Guidelines, or other regulatory materials.

• Law Society Codes of Conduct – by province/territory
• Law Society of Ontario
  • Bylaws
  • Practice Management Guidelines

Firm or Clinic Policy

Each legal workplace will have its own specific policies depending on the nature of their work, number and types of employees, and so on. Some of these are required by legislation while others are voluntary. For example, a firm might have its own equity, diversity, and inclusion policy. Most legal workplaces have conflict resolution policies that set out how an employee might raise a complaint. Some of these policies are purely internal and might not be accessible outside the workplace environment. Be sure to clarify this in advance.

University Policies

A law student entering a legal workplace is still treated as a university student. As such, university policies including codes of conduct apply to a student. From a disciplinary perspective, universities sometimes choose to proceed independently of a law society complaint.

Resources on the Regulatory Environment

Sometimes it can be challenging to interpret how, or even if, a particular regulatory entity may impact your work. A number of excellent sources exist to help legal practitioners adhere to appropriate standards of practice.

• practicePRO – “The practicePRO program provides risk management, claims prevention and law practice management information to Ontario lawyers. Our resources, precedents and checklists will help you take proactive steps to avoid a legal malpractice claim, and show you how to grow a successful and thriving law practice.”
• Practice Management CLE/CPD – Law Society of Ontario continuing legal education/continuing professional development materials on practice management from 2004 to current.
• Practice Management Helpline – Law Society of Ontario.
• CBA Ethics and Professional Responsibility: “Use our professional practice tools to help address your ethical and professional responsibilities.”
• Practice Support & Resources – Nova Scotia Barristers’ Society.
• Practice Resources – Law Society Newfoundland and Labrador.
• Support & Resources For Lawyers – Law Society of BC.
• Practice Advisors – Law Society of Alberta.
• Best Practices Publications – Advocates’ Society.