We recently conducted a survey to better understand the articling experience and the training of new lawyers.
From May to June 2024, a number of Canadian law societies surveyed articled clerks and new lawyers who completed articling within the past five years, along with principals, mentors, and recruiters.
The information gathered from the survey, along with other information and data collected from various sources, will inform next steps in addressing findings relating to lawyer competence and DEIA.
Who We Heard From
The Nova Scotia Barristers’ Society heard from 69 articled clerk and new lawyer respondents out of a total of 360 (a 19% response rate). This response rate is considered relatively standard for this type of research.
We also heard from 19 principals, recruiters, and non-principal mentors. A response rate for the principal, recruiter, and mentor survey cannot be estimated as the role of mentor is not formally tracked by NSBS.
We are appreciative of everyone who shared their experiences through the articling survey.
What We Heard
The 2024 overall survey results revealed two key findings:
- 58% of respondents who completed articling feel prepared or very prepared for entry-level practice overall while the remaining 42% feel somewhat prepared or not very prepared for entry-level practice.
- Of those who responded, approximately one in four reported experiencing discrimination or harassment during recruitment and/or articling.
We are deeply concerned that some new lawyers and articling students are facing discrimination and harassment during their articles. No one beginning their legal career should be subjected to a harmful, unsupportive and non-inclusive environment. A positive articling experience lays the groundwork for ethical, competent, and engaged lawyers. The Society will work to actively foster respectful, inclusive, and safe workplaces where articling students can learn, grow, and succeed. – Michelle Kelly, NSBS President.
In our role as regulator, the Society will continue to work within our mandate to support a more equitable and safer environment for articling students and new lawyers. While the Society is one piece of the puzzle and can focus on big picture initiatives, firms and organizations are uniquely positioned to have a direct impact on the articling experience.
The survey results present an opportunity for us to look at new ways we can engage with firms, organizations, the legal profession, and other members of the legal community. Meaningful partnerships are key to tackling these important issues.
The Report
Read the full report for more detailed findings.
What We’re Doing Next
The NSBS 2024 – 2026 Strategic Plan prioritizes this work under its strategy to ensure the trust of the public and the profession, and its values of Respect, Transparency, and Accountability. The plan’s strategic commitments include Trust and Confidence, stated as follows:
We will earn and build upon trust to ensure ongoing confidence in the legal profession.
This includes upholding equitable professional excellence and leading a culture of compliance and ethical behaviour.
Collecting this information is also part of our commitment to fulfilling recommendations given to the Society in the Ruck Report and in Discrimination and Harassment Survey Reports provided by our Gender Equity Committee and our Racial Equity Committee.
For more information on what we have planned and the detailed findings of the report, read the FAQ below. While the survey is closed, our doors are always open. We are dedicated to continuing to work alongside articled clerks, lawyers, law firms, and organizations to address these important issues. Questions about the survey results can be submitted to info@nsbs.org.
We encourage respondents and others to reach out if they are in uncertain or unsafe situations, or if they need resources or advice. Also, the Nova Scotia Lawyers Assistance Program (NSLAP) offers resources, including a confidential referral and short-term counselling service, for members of the legal profession, their staff, and families who may have health or personal concerns.
We can be reached during business hours at 902-422-1491. Just ask to speak with someone in our Equity & Access Office. Or email equity@nsbs.org.
Frequently Asked Questions
PURPOSE & METHODOLOGY
Why did the NSBS conduct an articling survey?
We are seeking to better understand any current issues associated with the articling experience and the training of new lawyers.
The information gathered from the survey will be used by law societies to help determine next steps in addressing the issues identified.
What survey method was used for the surveys?
All Nova Scotia lawyers, articled clerks, principals, recruiters and mentors who met the eligibility criteria were invited to participate in the surveys. This means the results represent a non-probability sample – participants self-selected to complete the survey if they met the eligibility criteria rather than being randomly selected from the entire population.
We chose this sampling method so everyone had equal opportunity to respond. These are difficult subjects to be open about, so we wanted to provide a confidential way for anyone to voice their concerns. Since we are dealing with a relatively small population to begin with, we also wanted to make the surveys available to everybody within the eligible subgroups. This approach provides us with the greatest insight into articling experiences.
Are the survey results representative of the entire Nova Scotia legal profession and articled clerks?
Like all online surveys that use this type of sampling, response bias and non-response bias are factors to consider when interpreting results. Those who self-selected to participate may have stronger opinions on the subject matter than those who did not.
This means that the results are not representative of the entire Nova Scotia legal profession or articled clerks. However, the data still provides valuable feedback about the state of the articling experience for the respondents.
Behind every survey response, there is a real individual to consider.
Even though this data cannot necessarily be applied to the entire legal profession, it provides insight into the experiences of those who continue to face challenges—challenges that we would not otherwise know about. These examples provide important context to guide future work in these areas.
How were the survey results analyzed?
This survey is a joint project between the NSBS and the Law Societies of British Columbia, Saskatchewan, and Manitoba with leadership provided by the Law Society of Alberta.
The Law Society of Alberta engaged independent consultant Dr. Svitlana Winters for support in survey development, as well as survey analysis and reporting. Survey responses were anonymous and confidential. Dr. Winters analyzed the data for themes and areas for improvement, ensuring findings are not linked to personal identities in the reporting.
Dr. Winters is a research professional with over a decade of experience in the field. She has been a consultant for the Law Society of Alberta since 2019. She holds the Certified Analytics and Insights Professional (CAIP) designation, the only certification in Canada endorsed by both the Canadian Research Insights Council (CRIC) and ESOMAR, the global authority in data analytics, research and insights.
Currently, Dr. Winters works full-time as a Senior Insights Manager on the Quantitative Research team at a global research and technology company.
OTHER KEY FINDINGS
What were the rates of discrimination and harassment among different groups?
The survey results revealed that those reporting discrimination and harassment were more likely to be female (89%). Of those remaining, 6% reported as male and 6% as transgender. In addition, within this category:
- 17% were internationally trained students who attended law school outside of Canada.
- 11% identified as Indigenous.
- 6% identified as African Nova Scotian.
- 6% identified as racialized.
- 33% identified as 2SLGBTQIA+.
Were these instances of discrimination and harassment reported?
Of those who shared experiences of discrimination and harassment, 67% did not report the incident for a variety of reasons, including a fear of reprisal, lack of trust in the system’s efficacy, lack of understanding in how to report/who to report to, or perceived insignificance of the incident.
When an incident of harassment or discrimination is formally reported to the Society, we may initiate an investigation into the complaint pursuant to the authority set out in the Legal Profession Act and Regulations. Investigations are conducted in a fair and unbiased manner for all persons involved.
What is NSBS going to do to address issues of discrimination and harassment?
In our role as regulator, the Society will continue to do what is within our mandate to support a more equitable and safer environment for articling students and new lawyers. A critical first step is to raise awareness among the profession.
While the Society is one piece of the puzzle and can focus on big picture initiatives, firms and organizations employing clerks are uniquely positioned to have a direct impact on the articling experience.
The survey results present an opportunity for us to look at new ways that we can engage with employing firms/organizations, Principals and mentors, and the legal profession as a whole. Meaningful partnerships are key to tackling these important issues.
We have outlined additional actions under “NEXT STEPS”.
What were the findings related to level of preparedness to enter practice?
Of the new lawyers/articled clerk respondents, on average, 58% felt either prepared or very prepared to enter the practice of law, while the rest felt somewhat prepared, not very prepared or not at all prepared.
What are the main challenges that students/new lawyers continue to face in terms of preparedness to practise law?
While most clerks reported adequate exposure in the areas of substantive legal knowledge and analytical skills, the main reasons for the lack of confidence entering the practice of law include lack of exposure to “soft skills” such as practice management, client relationship management, and conducting matters.
Principals and mentors acknowledge this challenge – while they generally view the training experience very positively, Principals and mentors rated training in practice management, conducting matters, and dispute resolution lower than in other areas.
Increasing awareness of NSBS resources can potentially help clerks better prepare for entry-level practice.
NEXT STEPS
What is the Society going to do to address the findings?
Our upcoming projects include the following:
- Working collaboratively with the Western Canadian provinces, implementing an updated, modern Competency Framework for entry to legal practice.
- In implementing the new Framework, aligning the competencies taught and assessed through both the Bar Admission Program and Articling program and communicating clearly to Clerks and Principals alike.
- Working with the Ruck Implementation Task Force and the recently hired Independent Implementation Lead.
- Reinforcing learnings from the mandatory PATH Indigenous intercultural awareness and competency training.
- Creating an African Nova Scotian cultural competency course for 2026-27 through a grant from the Law Foundation of Nova Scotia.
- Updating our Law Office Management Standard on Equity and Diversity.
- Reviewing and revising existing tools such as the Articling Handbook and the Manual for Principals to emphasize and provide additional resources in line with key survey findings.
- Exploring the creation of new tools and resources dedicated to improving the articling experience and students’ perceived preparedness to practice (e.g. presentations and/or course offerings to students, Principals and mentors aimed at ensuring a fulfilling articling experience for all.)
Exploring the requirement for a (second) mentor during articling outside of the formal Clerk / Principal relationship.
CROSS-JURISDICTIONAL RESULTS
What were the results of the other jurisdictions that participated in the survey?
All provinces involved with the 2024 survey have been reviewing and analyzing their respective data. We are pleased to share this cross-jurisdictional analysis.
The findings will facilitate cross-jurisdictional comparisons, offering valuable insights into how we can collectively enhance the articling experience.
It will be beneficial to understand if the same themes are present in other jurisdictions so we can see if there is room for further collaboration on possible steps forward.