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Community Legal Workers In Ontario: A Paralegal Case Study, Frederick H. Zemans Mar 2019

Community Legal Workers In Ontario: A Paralegal Case Study, Frederick H. Zemans

Frederick H. Zemans

This article examines the history of community legal workers in Ontario, within the context of the community legal clinic movement that began in Toronto, in the early seventies. Tracing the emergence and development of community legal clinics and how their role has changed, the author directly connects the changes in the legislation, as well as the administrative changes in clinic governance, to the shifting ro le of the CLW's within Ontario's community legal clinics. The article identifies the shift in the CLW's role from one largely of community outreach and education addressing systemic problems in access to justice, to one …


Articling - A Law School Perspective, Frederick H. Zemans Mar 2019

Articling - A Law School Perspective, Frederick H. Zemans

Frederick H. Zemans

My good friend Gary Bellow recounts an interesting story about a family with a lovely son who, for reasons that they could not fathom, never said a word to his parents. The son went through his early years, and then into his fifth and sixth years his seventh year, his eighth year and still never spoke, at least not to them. In all other respects, the boy was just fine. He spoke with friends, he spoke at school, but he never spoke at home. And then one morning having sat down, as usual, for breakfast, he looked at his mother …


Comparative Study Of Judicial Administration, Takeshi Kojima, Frederick H. Zemans Jan 2019

Comparative Study Of Judicial Administration, Takeshi Kojima, Frederick H. Zemans

Frederick H. Zemans

Description of an international project directed by Takeshi Kojima (Chuo University) with the assistance of Professor Frederick H. Zemans (Osgoode Hall Law School).


Clinical Legal Education And Legal Aid - The Canadian Experience, Frederick H. Zemans, Lester Brickman Jan 2019

Clinical Legal Education And Legal Aid - The Canadian Experience, Frederick H. Zemans, Lester Brickman

Frederick H. Zemans

Last fall CLEPR sponsored the first workshop of Canadian law schools devoted exclusively to the subject of clinical law training in Canada. The seminar was co-hosted by the McGill University and Osgoode Hall Law Schools and CLEPR, and was held at the Law School of McGill in Montreal, on November 29th and 30th, 1973. The workshop was organized and co-chaired by Professor Frederick H. Zemans of Osgoode Hall Law School and Professor Lester Brickman of the University of Toledo Law School, who are responsible for this report of the proceedings. A list of those attending is included at the conclusion …


Unauthorized Legal Practice Prosecutions And Independent Paralegals In Ontario And The United States, John A. Flood, Frederick H. Zemans Jan 2019

Unauthorized Legal Practice Prosecutions And Independent Paralegals In Ontario And The United States, John A. Flood, Frederick H. Zemans

Frederick H. Zemans

The issue of unauthorized legal practice involves questions of professionalism and market protection. The legal profession, like other professions, is seen a being particularly successful at excluding others from its area of jurisdiction. Disputes over jurisdiction occur at the edge of this jurisdiction, specifically when certain condition arise. The e conditions are characterized by the "indetermination/ technicality (I/T) ratio", where "I" represents the ideological underpinning of the profession and "T" represents the technical knowledge. "If either the knowledge base or the ideological underpinning deteriorates, the occupation will lose control over its spheres of activity....For an occupation or a profession to …


The Market For Legal Services: Paraprofessionals And Specialists, Selma Colvin, David Stager, Larry Taman, Janet Yale, Frederick H. Zemans Jan 2019

The Market For Legal Services: Paraprofessionals And Specialists, Selma Colvin, David Stager, Larry Taman, Janet Yale, Frederick H. Zemans

Frederick H. Zemans

This is a working paper prepared for The Professional Organizations Committee.


Cultural Diversity In Custody Disputes, Frederick H. Zemans Jan 2019

Cultural Diversity In Custody Disputes, Frederick H. Zemans

Frederick H. Zemans

The Commentaries give us a perspective of the expectations of medieval English society and its laws with respect to child rearing and the transmission of community values. Canada has inherited the common laws' values as articulated by Blackstone and has attempted to integrate them into its very different society.

Heterogeneous and pluralistic, Canada's society contains numerous cultural groups, each of which maintain distinct and independent traditions as well as the various national and religious institutions required to support these traditions.


Evaluation Of Criminal Law Offices - Third Year, Robert Hann, Frederick H. Zemans, Joan Nuffield Jan 2019

Evaluation Of Criminal Law Offices - Third Year, Robert Hann, Frederick H. Zemans, Joan Nuffield

Frederick H. Zemans

Report submitted to Legal Aid Ontario.


Evaluation Of Criminal Law Offices - Second Year, Robert Hann, Frederick H. Zemans, Joan Nuffield Jan 2019

Evaluation Of Criminal Law Offices - Second Year, Robert Hann, Frederick H. Zemans, Joan Nuffield

Frederick H. Zemans

Report submitted to Legal Aid Ontario.


Evaluation Of Criminal Staff Offices - First Year, Robert Hann, Joan Nuffield, Frederick H. Zemans Jan 2019

Evaluation Of Criminal Staff Offices - First Year, Robert Hann, Joan Nuffield, Frederick H. Zemans

Frederick H. Zemans

Report submitted to Legal Aid Ontario.


The Changed Legal Profession: Who Has Control Of The Market For Legal Services?, Frederick H. Zemans Jan 2019

The Changed Legal Profession: Who Has Control Of The Market For Legal Services?, Frederick H. Zemans

Frederick H. Zemans

During the nineteen sixties, it was provincial governments rather than lawyers or their professional societies, which determined that there would be a significant increase in the number of places for Jaw students at Canadian universities. Formula-funding programmes (in place in several provinces) along with a growing demand for law degrees stimulated government- funded universities to open their doors to students seeking a legal education and ultimately entrance to the legal profession. Prior to the late seventies, little opposition was encountered from the profession to its loss of control of the supply of lawyers. The economic recession, combined with the growth …


Can Ontario Sustain Cadillac Legal Services?, Frederick H. Zemans, Lewis T. Smith Jan 2019

Can Ontario Sustain Cadillac Legal Services?, Frederick H. Zemans, Lewis T. Smith

Frederick H. Zemans

Recently described in the American Lawyer as Canada's Cadillac legal services, the Ontario legal aid scheme--Canada's first and today its most costly-is in serious need of repair. This paper, which grows out of a presentation made by Robert Holden, Director of the Ontario Legal Aid Plan, describes both the introduction of legal aid services in Ontario and the evolution of the original pro bono scheme into a government-funded judicare scheme.

It is not surprising that in 1952, when contemporary legal aid was introduced into Canada, both the bar and government of Ontario looked to the United Kingdom for direction. In …


Canadian Lawyers: A Peculiar Professionalism, Harry W. Arthurs, Richard Weisman, Frederick H. Zemans Jan 2019

Canadian Lawyers: A Peculiar Professionalism, Harry W. Arthurs, Richard Weisman, Frederick H. Zemans

Frederick H. Zemans

No abstract provided.


Worldwide Trends In Legal Aid, Frederick H. Zemans Jan 2019

Worldwide Trends In Legal Aid, Frederick H. Zemans

Frederick H. Zemans

The paper discusses the significant developments in the prov1s1on of legal services to low-income persons that have taken place during the last four decades. Since the second world war, there have been numerous developments in various parts of the world with respect to legal services, as the legal profession, the judiciary, and governments have grappled with civil and criminal procedures in their attempt to make them more accessible to the poor, the unemployed and the victims who have traditionally been excluded from the legal system.


A Current Assessment Of Legal Aid In Ontario, Frederick Zemans, Justin Amaral Jan 2019

A Current Assessment Of Legal Aid In Ontario, Frederick Zemans, Justin Amaral

Frederick H. Zemans

This article explores the development of legal aid services in Ontario over the past two decades. The authors find that per capita inflation-adjusted spending on legal aid services by the federal government has been in long-term decline (albeit with periodic upturns) with resulting negative impacts on access to justice for those in need of legal assistance. At the provincial level, since cuts made in the mid-1990s, financial eligibility guidelines have remained out of line with real measures of poverty, such as Statistics Canada’s low-income cut-offs, and per capita funding has only recently increased. The mix of legal aid service providers …


International Symposium On Legal Aid - Report, Frederick H. Zemans Jan 2019

International Symposium On Legal Aid - Report, Frederick H. Zemans

Frederick H. Zemans

This document contains extracts from the report on the International Symposium on Legal Aid held on October 30-31 in Tokyo, Japan.

Professor Zemans contributed the following lecture:

Worldwide Trends in Legal Aid - by Prof . Dr. F . H. Zemans

I. Introduction

II. The Moral Argument

III. Models of Delivery

IV. Models of Legal Services

V. Professionalization of Legal Services

VI. Conclusion


Book Review: Legal Services For The Community, By Michael Zander, F. H. Zemans Aug 2016

Book Review: Legal Services For The Community, By Michael Zander, F. H. Zemans

Frederick H. Zemans

No abstract provided.


Community Legal Services In Perspective: The Development Of Legal Services In Canada, Frederick Zemans, Michael Herman Oct 2015

Community Legal Services In Perspective: The Development Of Legal Services In Canada, Frederick Zemans, Michael Herman

Frederick H. Zemans

The material deals with community legal services and specifically with the various issues that a student will encounter while working at Parkdale Community Legal Services.


The Lawyering Process, Frederick Zemans Oct 2015

The Lawyering Process, Frederick Zemans

Frederick H. Zemans

No abstract provided.


Evaluation Of The Ontario Mediation Program (Rule 24.1) Final Report: The First 23 Months, Robert G. Hann, Carl Baar, Lee Axon, Susan Binnie, Frederick H Zemans Oct 2015

Evaluation Of The Ontario Mediation Program (Rule 24.1) Final Report: The First 23 Months, Robert G. Hann, Carl Baar, Lee Axon, Susan Binnie, Frederick H Zemans

Frederick H. Zemans

No abstract provided.


Perspectives On Legal Aid: An International Survey, Frederick Zemans Oct 2015

Perspectives On Legal Aid: An International Survey, Frederick Zemans

Frederick H. Zemans

No abstract provided.


Recent Trends In The Organization Of Legal Services, Frederick H. Zemans Oct 2015

Recent Trends In The Organization Of Legal Services, Frederick H. Zemans

Frederick H. Zemans

This paper outlines the significant developments in the provision of legal services to low-income persons that have taken place since the First Congress on Civil Procedures, held in Ghent, Belgium, in August of 1977. Although only six years have passed, there have been numerous developments in various parts of the world with respect to legal services, as the legal profession the judiciary and governments have grappled with civil and criminal procedures in their attempts to make them more accessible to the poor, the unemployed and other groups which have traditionally been excluded from the legal system. This paper carries forward …


Community Legal Clinics In Ontario: 1980, A Data Survey, Frederick H. Zemans Oct 2015

Community Legal Clinics In Ontario: 1980, A Data Survey, Frederick H. Zemans

Frederick H. Zemans

Community legal clinics have been in existence in Ontario for a decade. By employing a modified version of the questionnaire used in a similar English study in 1975, Professor Zemans has obtained a comprehensive data survey of all the community based clinics funded by the Ontario Legal Aid Plan. The data charts are preceded by an explanatory text which summarizes the data and draws comparisons with the English survey results and with the legal services movement in the United States. It is intended that this survey should provide the data base for a larger project which will study Ontario community …


Representative Negotiator Of Integrity, Frederick H. Zemans Oct 2015

Representative Negotiator Of Integrity, Frederick H. Zemans

Frederick H. Zemans

No abstract provided.


From Crisis To Reform: A New Legal Aid Plan For Ontario, Frederick Zemans, Patrick Monahan, Aneurin Thomas Oct 2015

From Crisis To Reform: A New Legal Aid Plan For Ontario, Frederick Zemans, Patrick Monahan, Aneurin Thomas

Frederick H. Zemans

No abstract provided.


Making The Justice System Balance: Beyond The Zuber Report, Frederick H. Zemans Oct 2015

Making The Justice System Balance: Beyond The Zuber Report, Frederick H. Zemans

Frederick H. Zemans

The civil and criminal justice systems rely on a highly individualized dispute resolution process in which each litigant must both prosecute and present his or her own case with limited intervention by the court system and no direct involvement by the judiciary. Neil Brooks has noted that the adversarial system reflects the "political and economic ideology of classic English liberalism in three ways: by its emphasis upon self-interest and individual initiative; by its apparent distrust of the state; and, by the significance it attaches to the participation of the parties." Much of the current discussion of access to justice is …


Recent Trends In The Organization Of Legal Services, Frederick H. Zemans Oct 2015

Recent Trends In The Organization Of Legal Services, Frederick H. Zemans

Frederick H. Zemans

No abstract provided.


The Community Legal Clinic Quality Assurance Program: An Innovative Experience In Quality Assurance In Legal Aid, Frederick H. Zemans Oct 2015

The Community Legal Clinic Quality Assurance Program: An Innovative Experience In Quality Assurance In Legal Aid, Frederick H. Zemans

Frederick H. Zemans

The issue of quality in the provision of legal services to low income individuals has become an area of increasing concern and investigation in a number of different jurisdictions around the world. In Ontario, this issue has been addressed, at least in part, through the implementation of a formal quality assurance program providing for regular quality monitoring and control in the province's community legal clinic system. Anecdotal evidence indicates that the program, which has completed in-depth site visits at over one-third of the province's 70 community clinics, has had a beneficial effect on individual clinics and the clinic system as …


Access To Justice For A New Century: The Way Forward, Julia H. Bass, W. A. Bogart, Frederick H. Zemans Oct 2015

Access To Justice For A New Century: The Way Forward, Julia H. Bass, W. A. Bogart, Frederick H. Zemans

Frederick H. Zemans

This book is a timely addition to the literature on access to justice. The book's essays address all aspects of the topic, including differing views on the meaning of access to justice; ways to improve access to legal services; litigation and its role in achieving social justice; and the roles of lawyers, citizens, and legal insitutions.

Access to Justice for a New Century is based on papers given at an international symposium presented by the Law Society of Upper Canada, sponsored by the Law Foundation of Ontario.


A Canadian Perspective On Criminal Peer Review: Potential Impacts On State-Funded Criminal Legal Aid, Frederick Zemans, James Stribopoulos Oct 2015

A Canadian Perspective On Criminal Peer Review: Potential Impacts On State-Funded Criminal Legal Aid, Frederick Zemans, James Stribopoulos

Frederick H. Zemans

No abstract provided.