Ian Mulgrew: End lawyers' monopoly, competition needed, says expert

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Ian Mulgrew: End lawyers' monopoly, competition needed, says expert
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“These are real people’s lives and we in the profession are responsible for the great pain, loss and economic cost that the system imposes on them.”

Canadian legal guru Gillian Hadfield says it is time to end self-regulation by lawyers, as well as their monopoly on providing legal services, because they have made such a hash of it.

Hadfield earned a degree from Stanford Law School and PhD in economics from Stanford University before clerking for Chief Judge Patricia Wald on the U.S. Court of Appeals, D.C. Circuit. In Ontario, the government this month chopped $133 million from the legal aid budget and said it will cut more — axing services for the poor and most vulnerable.But it happened in B.C. in 2002. Funding was never restored, and the profession has done little as the sore festered for a generation.

The fact is that public funding will not meet the demand for legal services. The scale is such that any reasonable amount of government funding, legal aid or pro bono work always will be only a partial solution for those who cannot afford a lawyer. “Anybody could give you advice, anybody could draft your documents, anybody draft your will,” Hadfield added. “The U.K. has a long history of allowing a wide variety of differently trained individuals and organizations to provide legal assistance — and they have opened up the market more in this century.”

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