Mandatory Minimum Compensation for Articling/LPP Students: The Law Society of Ontario Wants Your Feedback

​There is an ongoing debate among the Benchers of the Law Society of Ontario about one aspect of the lawyer licensing process and they want to hear your opinion

In December 2018 the Benchers approved the implementation of mandatory minimum compensation for articling and law practice program (LPP) students, which would be equivalent to statutory minimum wage. The decision was partially based on research showing that, while most placements were paid, approximately 10-15% of the placements, or 130-150 articling students, are paid below statutory minimum wage or are not paid at all!

Subsequently, a new report was made in November 2021 which recommended that minimum compensation be encouraged rather than made mandatory. You can read the 2021 report (which includes the 2018 report) here. 

The Benchers have now deferred the vote on this issue to consult with and receive feedback from licensees, articling students, the public, etc. It's your turn to speak up.

In brief, some of the arguments against mandatory minimum compensation have included: 

• This requirement will reduce the number of placements overall in a market where the supply of placements continually lags behind the number of candidates seeking to become licensed each year. 
• It will discourage small firms and sole practitioners from participating in the articling process.

Some of the arguments for mandatory minimum compensation include:

• The potential for unpaid placements creates financial barriers for economically marginalized groups, undermining diversity in the profession. 
• Unpaid placements may also impact the ability of candidates to pursue careers in practice areas such as criminal law and family law, which may be less remunerative. 

Have thoughts on this issue? We are sure you do. Don’t stay silent! 

You can read more about where/how to email your comments here. Your comments must be received by March 15, 2022.