Cuts to law library funding hurt small practices and the public

By Paul Russell, LegalMatters Staff • A decision by the Law Society of Ontario (LSO) to reduce funding to courthouse law libraries across the province will hurt not only smaller law firms that rely more heavily on those libraries but also the public’s ability to access justice, says Brett Harrison, president of the Toronto Lawyers Association (TLA)

At its Nov. 27 Convocation, benchers deferred a motion to give lawyers and paralegals a 25 per cent cut in the practice fees. That motion reads, in part: “it is of critical importance to the access of justice and the public interest of all Ontarians that members of the law society are able to remain financially viable through this pandemic.”

Benchers then agreed to a budget that included a 10 per cent reduction, stating that money should come from funding given to the Legal Information and Resource Network (LIRN), which governs the delivery of library services and legal information and oversees Ontario’s 48 county courthouse law libraries

“How does that protect the public interest and advance the rule of law?” asks Harrison. “Cutting fundamental services such as libraries does not provide access to justice. In fact, it is the antithesis of the principles articulated in the Ontario Law Society Act by which the LSO is formed.”

The TLA supplements the funding given to the Courthouse Library located at the Superior Court of Justice at 361 University Ave. It and other large courthouse libraries across the province will see their budgets reduced by 14 per cent starting in 2021, as a result of the LSO decision.

‘Serious issue for all courthouse libraries’

“The Law Society has really hurt us all with this short-sighted move,” says Joan Rataic-Lang, executive director/library director of the TLA. “This is a serious issue for all courthouse libraries across the province.

She tells LegalMattersCanada.ca $90,000 has been taken from the facility’s 2021 budget, leaving only a month to figure out how to adjust to that change.

“We will have to do some serious planning about how to make this happen,” says Rataic-Lang. “Some of the subscription services we offer will have to be scaled back or cancelled, without hurting the practice areas dependent on the TLA library.

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Rataic-Lang expects the library will ask publishers to renegotiate contracts, noting the library’s largest contract with Thomson Reuters does not expire until 2022.

“The cost of its loose-leaf products and electronic equivalents has doubled every five to seven years, while our funding from the LSO has only increased by one per cent or so for the last 10 years,” she says. “The LSO’s 14 per cent reduction means we have to perform a real balancing act.”

To help make up for the shortfall, Rataic-Lang plans to increase the library’s revenue through continuing professional development programming on such topics as how to manage a legal practice and a law office.

“New lawyers, and even those practising for some time, know all about the law, but they may not know how to effectively manage the many components involved in running a legal practice,” she says.

Access to justice

Noting that the reduction to library funding came about after a motion to cut LSO fees imposed on lawyers and paralegals was not passed, Harrison questions the motives behind that original motion.

“The role of a law society is not to help lawyers make money and that is certainly not an image we want to project as a profession,” he says.

While supporters of the original motion claimed the 25 per cent fee cut was needed to make provincial law services more affordable, Harrison says their math just doesn’t add up.

“I would challenge anyone to explain how $500 in the pockets of a typical lawyer will increase access to justice for society,” he says. “I don’t believe it will. However, a properly funded regulatory body is the best avenue to achieve that.”

He points to section 4.1 of the Law Society Act, which states in part, “all persons who practise law in Ontario or provide legal services in Ontario meet standards of learning, professional competence and professional conduct that are appropriate for the legal services they provide.”

“Increased access to justice will come about by providing proper representation to the citizenry of Ontario, not by giving another $10 a week to LSO members,” he says.

Courthouse libraries are valued

As the largest of the courthouse libraries across the province, Rataic-Lang says the facility at 361 University offers users a wide range of traditional books and journals, as well as access to databases.

“Many law firms do not have subscriptions to Westlaw, or Lexis Advance Quicklaw, they cannot afford them” she says. “They rely on us for that. We have a great collection of materials – texts, e-books and online resources – in a variety of practice areas.”

“When lawyers are in court at 361 University, they can easily run into our library and find what they need, instead of walking over to Osgoode,” she says. “We are right there for them. And across the province, similar libraries are in every courthouse.”

Supporting common law

These library resources are needed to support our common law system, Rataic-Lang says.

“It is called common law for a reason, and that is because our legal system depends on what the courts have ruled before on certain issues,” she explains. “We do a lot of research for people who are surprised by what we can find  for them. I think we make a huge difference in their practices.”

Rataic-Lang says she is looking forward to working with LIRN’s recently appointed board and director.

“We hope to contribute to their strategic plan and bring all the courthouse libraries together to work  cooperatively to more effectively to serve lawyers across the province,” she says.

“We will strive to continue to serve the people who use our Toronto courthouse library, though that will be harder after this unexpected budget cut,” Rataic-Lang adds.