The last cohort

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As Algonquin College’s halls recently filled with the start of the fall semester, there weren’t any new legal studies students among them. 

In March, the college’s board of directors announced it would be suspending the two-year law clerk diploma program and the one-year paralegal certificate program, along with almost 40 others. They cited financial pressures and a federal cap on international student permits as reasons for scaling back program offerings. 

“It was tough, put it that way. No one likes to hear that bad news, right?” says law clerk program coordinator Victoria Barney. 

The last cohort of paralegal students finished their studies last semester. The only law clerk students left at Algonquin are the remaining second-year students who will graduate this spring.

Barney says they were shocked by the cuts, as there was high satisfaction among employers who hired their graduates, and the programs were “always waitlisted.” The program attracted a wide range of students, including new Canadians, single parents, and “people looking for a really interesting career that pays well.”

“Aside from private colleges in Ottawa, there's not really another program here,” she says.

The move has some local law firms worried about how they’ll recruit talent without these two major talent pipelines.

“Law clerks and paralegals are indispensable to the effective functioning of Ontario’s legal system,” says Katie Black, the founder of Black & Associates and past president of the County of Carleton Law Association. 

“A lawyer is to a doctor as a paralegal is to a nurse practitioner, and a law clerk is to a nurse. For legal services to be delivered in the most cost-effective and efficient manner, all three professionals are essential.”

Amanda Kavanagh, manager of corporate services at Perley-Robertson, Hill & McDougall, says that having a strong local program that produces graduates with a solid legal foundation and practical training is extremely valuable.

“Finding candidates with strong technical knowledge and practical experience can be challenging,” she says.

“There is a real concern about where firms will find qualified candidates going forward.”

Even with the increased use of AI in law firms, Kavanagh hasn’t seen a reduced need for law clerks. In her experience, demand for them remains high. 

“If anything, I think the role is simply evolving. AI can be a useful tool to assist with workflows and make certain processes more efficient, but human review and verification are still essential.”

Arghavan Gerami is senior counsel at Gerami Law PC, which specializes in Canadian immigration, refugee and citizenship law. As the founder of a small law firm, she’s seen firsthand how important skilled law clerks, legal assistants and paralegals are to the effective delivery of legal services. 

“These are not simply administrative positions. In a practice such as immigration and refugee law, for example, staff need to understand legal procedures, filing requirements, evidentiary records, deadlines, tribunal processes and court proceedings,” she says.

“Having access to candidates who already have foundational legal training makes a significant difference, particularly for small and mid-sized firms that may not have the same resources as larger organizations to recruit more broadly or provide extensive foundational training in-house.”

Katherine Brink graduated this summer from Algonquin’s law clerk program and has already kicked off her career at a local firm. 

“The program's connection to the law community in Ottawa helps immensely in transitioning us into getting jobs and real-world experience that can't be replicated if you are going to a school in a different city or having an online experience,” she says. 

“To leave (an educational) gap, meaning people have to leave and might not come back, is going to have long-term impacts on the city.”

Black agrees, given the clear and ongoing demand in the labour market for trained law clerks and licensed paralegals.

“Employers across eastern Ontario, including law firms, courts, clinics, governments at both levels and tribunals, rely on graduates of these programs to meet operational needs and requirements.”

An access to justice issue  

By reducing the supply of qualified licensees entering the profession, Black says the program cuts will “directly threaten access to justice in this province.” Given that this is a critical and growing concern, she sees the move as counterproductive and harmful.

“(This will) weaken the local justice ecosystem and disproportionately affect rural and smaller communities that already face service shortages.”

Teams increasingly deliver legal services, and Gerami says lawyers rely heavily on skilled support professionals to manage files efficiently and keep legal services accessible. 

“If trained staff become more difficult or expensive to recruit, the effects can ultimately be felt in the cost and availability of legal services to the public.”

Paralegals provide legal services to individuals and businesses that may not be able to afford a lawyer. Black says they ease pressure on the court system by guiding people who might otherwise be self-represented in processes such as small claims court.

Law clerks, meanwhile, help with efficiency and cost-effectiveness by allowing lawyers and paralegals to focus on legal advice, strategy, advocacy, and negotiation.

“Remove law clerks from the equation, and the result is higher legal fees, slower file progression, more procedural errors, and diminished client service,” Black says.

The concerns are exacerbated by the provincial government’s recent increase to the monetary jurisdiction of the Small Claims Court. She says the move was intended to improve access to justice, but was implemented without a corresponding increase in the costs recoverable under the court rules, meaning cost recovery for litigants trying to retain lawyers is “negligible,” forcing them to rely on paralegals or represent themselves. 

“This structural reality will necessarily result in greater demand for paralegal services, not less. Closing Algonquin College’s paralegal program at this moment will contribute to a shortage of paralegals precisely when Ontarians most need their services.”

The personal side of law

Law clerks are often the first point of contact between clients and firms. And as much as the use of AI is on the rise, Brink says the legal profession is always going to need the human element because it’s dealing with people, and not usually on their best day. “They're injured, someone in their family has passed, or they're under criminal investigation. A computer is not going to be able to offer the same compassion that a human is,” she says.

“They're going to want a friendly face in the office to greet them, a human on the other side of the email to give them updates, and a voice on the phone to reassure them. I think that AI might help streamline some of the more administrative tasks, but I don't think that the human element can be removed from law.”