February 15th 2021
The most important issue for the legal industry is removing barriers for individuals who are seeking legal guidance and solutions. Whether the issue is contractual in nature, such as purchasing or selling real estate, or a question about a civil or family matter, almost half of the population of Canada experiences a legally relevant situation in any given three-year period. Popular culture shows justice as being a judge who makes a legal decision the fate of
disputing parties inside of a courtroom. However, most issues are resolved outside of court, meaning law and justice is fundamentally about knowledge and resources. The role of the lawyer is to provide a service which empowers individuals to take an informed course of action consistent with their desired outcomes. The lockdown measures we have faced this past year has resulted in several adaptations to the legal industry, while presenting new challenges to families and businesses. This article will provide a brief discussion of both the challenges and opportunities for access to justice given the changes propelled by the lockdown measures we have faced.
This past year, the Law Society of Ontario introduced measures to facilitate the use of digital solutions to legal problems in response to health measures which limited person to person contact. One fundamental change relates to the ability of lawyers to verify the identification of clients remotely. Lawyers are now able to provide confidential and objective advice to individuals without the need for an in person first appointment. In addition, most individuals have the tools to meet virtually, whether through video on their phone or a home computer or laptop. In addition, lawyers are increasingly accepting of digitally signed documents and most have adapted their practices accordingly. This has meant that entire matters, such as closing a real estate transaction, or the signing of family law documents, can now be finalized without any party meeting in person. This is a remarkable transformation to how consumers understand the role of a ‘law office’, as well as how lawyers provide legal solutions.
The use of remote verification of identity together with the increasing acceptance of digitally signed documentation has enabled individuals and businesses to connect with their counsel of choice regardless of location. There are three consequences to this. First, not knowing a lawyer can be a major hurdle in someone’s decision to seek legal advice. A referral by a friend or family member can often make the difference. This means that even if a referred lawyer and client are in different cities, travel is no longer a barrier to connecting. Second, with regards to real estate specifically, local lawyers often have familiarity with 
business practices in their jurisdiction given their repeat exposure to dealings in the area. This means that using a lawyer who is local can have certain advantages in ensuring a smooth closing for your transaction. As a result, individuals who are relocating from the GTA to Niagara can be confident that they can sign all documentation from home. Last, if a legal problem requires a specialist for some given practice area, a client can virtually connect with a practitioner in that area without the concern for excess inconvenience because of travel.
This article has discussed new opportunities for consumers to obtain access to justice despite the challenges posed by recent health concerns. However, we must acknowledge many are unfamiliar with or lack access to technology. Lawyers therefore continue to play a role in assisting those who need to meet in person, while respecting all safety requirements available. Having options available to you during this challenging time is just one way a law office can build trust with its clients. If you require legal guidance, do not hesitate to contact Liddiard Law today, and my law office will be happy to explore your options to obtaining legal services in a manner suitable to you.
Michael Liddiard BA MA JD