The Challenge of Change in the Profession

by Marguerite (Meg) E Shaw

We begin another year at the CBABC this September, and like many British Columbian families with school-aged children, the start of another year is filled with a mixture of longing for a summer that is over, and excitement and uncertainty about the year ahead. What will the year be like? What challenges will be faced?

This Branch has a long and successful history of lawyers volunteering their time and effort on behalf of an organization that exists to serve the lawyers of British Columbia. And like those children and parents approaching another school year, it is with great pride, commitment, excitement, and some trepidation, that we face new and challenging times.

One challenge that we in the legal profession face is the changing nature of the practice of law. It may be my age, but it seems to me that the changes we face are more comprehensive, and are coming faster than ever before. The challenge we have on a daily basis is how to cope with the ever-evolving demands put on us as a profession. The demands of our clients change. The demands of civil procedure change. The demands of our practice as a business change. The demands of our personal lives change as we move through our careers.

In 1946, social scientist Kurt Lewin developed and published his Change Theory. According to this theory, “If you want truly to understand something, try to change it.” How pertinent this statement is to the practice of law today.

The practice of law has seen an onslaught of changes. Our clients are more sophisticated. Technology has reduced the time for learned consideration to nanoseconds. And the system of delivery of justice has been and continues to be constantly evolving.

The delivery of justice has always been under scrutiny and criticism. That is nothing new. But to paraphrase Mr. Lewin, “If you really want to understand the delivery of justice, try to change it.” The delivery of justice in British Columbia is undergoing scrutiny and criticism like never before. Under the former Attorney General, Geoff Plant, justice review was an important initiative, and this review continues today with groups, committees, and organizations analysing, researching, reporting, and recommending changes to the way that justice is delivered. Changes and reform, when carried out, will have an impact on the lawyers of this province.

The CBABC has fought to be an integral part of any group or committee effecting change in the delivery of justice in British Columbia. We do so on behalf of the lawyers in B.C. Our perspective, both as practitioners and as stakeholders in the justice system, uniquely positions us to comment on the impact of proposed changes, and to advocate on behalf of lawyers on the delivery of justice.

This issue of BarTalk provides a look at some of the activities happening in justice reform. I encourage you to take the time to read the articles, think about the issues involved, and let the CBA know if you have any concerns you feel should be raised. Together, we can work to ensure that the voice of lawyers is heard.

This article was published in the October 2005 issue of BarTalk. © 2005 The Canadian Bar Association. All rights reserved.