TLA calls for reversal of funding cuts to ‘hugely important’ libraries

By Tony Poland. LegalMatters Staff • Restoring funding to law libraries across the province is important to ensure a strong legal profession and access to justice, says Toronto Lawyers Association (TLA) president Michael White.

White says the Law Society of Ontario (LSO) decision to cut funding to the libraries by 10 per cent this year is short sighted and needs to be reversed.

“There is little doubt that a well-stocked and funded courthouse library enables legal professionals to carry out research for their clients that’s required under their obligations, pursuant to LSO rules of professional conduct,” White says. “My suspicion is that the decision to cut library funding may have been made in a drive by some, not all, to cut spending, without the necessary insight required.

‘Courthouse libraries provide exceptional value’

“I suspect a careful analysis was not undertaken. When you look at the issue objectively, it’s more than apparent that courthouse libraries are not one of those rising expenses that need to be cut. It is the opposite. Courthouse libraries provide exceptional value.”

Last November, LSO benchers 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, which governs the delivery of library services and legal information and oversees Ontario’s 48 county courthouse law libraries.

“The Law Society grant cut has really hurt us all,” Joan Rataic-Lang, executive director/library director of the TLA told LegalMattersCanada.ca at the time. “This is a serious issue for all courthouse libraries across the province. 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.

“The cost of 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 added. “The LSO’s 10 per cent reduction means we have to perform a real balancing act.”

Service cuts go against LSO principles

The TLA says cutting services is the antithesis of the principles articulated in the Ontario Law Society Act by which the LSO is formed.

“Courthouse libraries achieve half of the Law Society’s current strategic goals to ensure access to justice and competence and quality of service,” says White. “Reducing funding to the libraries removes the resources that are needed to achieve two of the four goals that have been enunciated by the law society.”

The TLA has created a lengthy white paper with the Federation of Lawyers Association to present to the Law Society. White says he is confident their message is being heard.

• Justice Act amendments come up short on judiciary selection
• ‘It’s not a pirouette’ but our justice system pivoted in a new direction
• A 25% cut to LSO licensing fees could prove to be costly

“I don’t believe anyone questions the value or the importance of these spaces,” he says.  “This matter has occupied a huge part of the TLA board’s focus. It has likely been the most important issue we have had to address.

“The response we have been getting is very positive. We’re getting a strong indication that people are hearing what we are saying.”

White says the budget reduction comes “when there are rising costs for digital resources with libraries continuing to transition from paper to digital sources.”

“The cuts really couldn’t have come at a worse time,” he says. “To further illustrate, in 2001 lawyers in Ontario paid $210 each toward the cost of libraries from their LSO dues. In 2021 they are paying $159. That’s $50 less a year each and that doesn’t even account for inflation. The need could not be any greater than it is now.”

The libraries do more than just offer legal resources, White explains.

Law libraries serve ‘hugely important role’

“Libraries serve a hugely important role, not only for continuing legal education programs or social functions,” he says. “They also provide space within the courthouse where you can have privacy with practical requirements for things like robing and conducting research. 

“Libraries are places for mentorship, connecting with colleagues, taking breaks during appearances in court,” White adds. “They contribute to the mental well-being of lawyers.”

He says the social interaction provided “is even more important as we come out of the pandemic, where people have been locked inside and craving contact in a non-Zoom way.”

Sole practitioners and small and mid-size firms rely on the resources provided by law libraries.

“This is a resource that plays an equalizing role. They ensure access to justice regardless of the socioeconomic status of clients or their lawyers,” he says. “That aspect of providing low-cost research allows courthouse libraries to serve those who are less privileged.”

Budget cuts mean being unable to update equipment and resources, which “is a real disservice to our profession,” White says.

“It goes without saying that access to resources will be negatively impacted, which works against LSO’s own goals,” he says.

Budget will be topic of further discussion

White says he expects the LSO budget will be a topic of further discussion in the coming months, which is why the Toronto Lawyers Association is pressing to get its concerns heard.

“We believe we can inform benchers and key decision-makers of the important role that libraries play,” he says. “This is not an area where we, as professionals, can afford to be making cuts. We need to restore the funding.

“It’s clear that courthouse libraries are not one of those rising out-of-control expenses,” White adds. “We get the sense that people are listening and are paying close attention to some of the key points that have been raised and, ultimately, favourable decisions concerning the restoration of funding will be made.”

More from Toronto Lawyers Association:

Looking for a lawyer? Check out TLA’s new feature