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Access to justice an increasing problem as lawyers grow older, young lawyers get lured to big cities

Saturday, April 19

  • By: Galen Eagle
  • Organization: The Peterborough Examiner

Coming out of law school, local lawyer David O’Neill could have done what most law grads do — move to Toronto.

The big money, the big firms, the big city is attracting a mass exodus of young lawyers from across the province at increasing rates.

Instead, the Peterborough native came home and joined a small firm.

"Most of my classmates moved to Toronto," O’Neill said. "There are a lot more opportunities there and higher pays."

At 32, O’Neill is bucking the trend. He represents a minority of young lawyers who have chosen a smaller locale.

With the average age of Ontario’s lawyers reaching 50 and most law school graduates heading to the Greater Toronto Area, communities such as Peterborough could be heading toward a lawyer crunch.

It’s a tough sell telling people they need more lawyers.

But access to justice is becoming an increasing problem outside the GTA, says Paul Kowalyshyn, chairman of the County and District Law Presidents Association, which represents law groups across the province.

"There is a growing shortage of lawyers working in smaller communities in Ontario," Kowalyshyn said. "If you have a lack of lawyers, it’s an access to justice issue."

The pool of legal talent is shrinking in places such as Peterborough as older practitioners retire without being replenished by young blood, he said.

A 2005 report by the Law Society of Upper Canada found 64 per cent of lawyers who work alone or in small firms — with fewer than five lawyers — are reporting a shortage of legal services outside the GTA.

The report also cites a 2003 survey finding 93 per cent of all articling students in Ontario are hired in Toronto or other large urban areas.

Peterborough hasn’t seen a crunch yet, says local County and District Law Presidents Association president Mauro DiCarlo, but a shortage is looming.

Family law practices and child protection legal services are already seeing a lawyer shortage locally, he said. If Peterborough continues to grow, other legal services will be hit sooner than later.

Local criminal lawyers such as Dick Boriss, James Hauraney, Denis Lowry and David Ross are in the winter years of their careers as is much of the legal workforce locally, Mauro said.

"The average age of lawyers in Ontario is 49 and I would say (the average age in) Peterborough is on par or a bit higher," DiCarlo said.

"People don’t realize how important lawyers are until they need one. Now you need a lawyer to sell or buy a home, to write a will or separate from your spouse."

There are about 110 practising lawyers in Peterborough, DiCarlo said, a figure that has stayed even the last five to seven years.

"That’s enough, right now ," he said. "But Peterborough is growing."

Unlike other smaller communities, Peterborough has some advantages that might protect it from a massive shortage, DiCarlo said.

Peterborough is a wonderland for outdoor enthusiasts and its proximity to Toronto makes it ideal for lawyers who want to avoid the pitfalls of big city practice while not straying too far from the GTA, he said.

That coupled with lower start-up costs for new practices and an affordable housing market might offset the crunch, he said.

For O’Neill, the grass was greener in his hometown. Lured more by quality of life concerns for himself and his wife than the enticement of the big dollars, he joined a small firm here to practice criminal and civil law.

"I enjoy working, but not 80 to 100 hours per week, and I enjoy working directly with clients," he said. "You wouldn’t necessarily be able to have a one-on-one relationship with your clients if you worked for a bigger firm."

A sports enthusiast and theatre guild participant, O’Neill said Peterborough gives him the right balance of work and play.

He has been practising here nearly four years and is expecting a newborn with his wife, Cecile, next month.

"I don’t regret staying here," he said. "I’ve found a good balance."

There are other young lawyers like O’Neill making their headway in the Peterborough market — Nathan Baker, Jeffrey Ayotte and articling student Trevor Burgis are some examples — but DiCarlo worries they are too few to fill the looming void.

"The demographics of new lawyers suggest we are going to hit a time in the not too distant future when we’re not going to have enough lawyers," DiCarlo said.

It is up to legal advocates such as County and District Law Presidents Association to make examples of young professionals like O’Neill and promote the benefits of practising in smaller communities, DiCarlo and Kowalyshyn said.

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