2019 Manitoba Articling Review Survey Results

by Kris Dangerfield, Chief Executive Officer

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The Law Society of Manitoba, in conjunction with the law societies of Alberta and Saskatchewan, conducted a survey in May and June of this year of articling students and new lawyers (those who articled in the last five years) as well as principals and those who mentored articling students or new lawyers in the last five years.

The intent of the survey was to help us better understand the nature of articles, the types of training and mentoring that articling students are receiving and how prepared articling students feel to practise law in the 21st century. We also wanted to better understand if articling students have or are experiencing any issues related to discrimination and harassment in their workplaces.

In total, the survey was completed by 736 articling students and new lawyers (549 in Alberta, 104 in Saskatchewan and 83 in Manitoba) and 407 principals, recruiters and mentors (295 in Alberta, 64 in Saskatchewan and 48 in Manitoba). The response rate in Manitoba, although better than average for an external survey, was 17.8% for students and young lawyers and 12.3% for principals and mentors. Some of the key findings from the survey of Manitoba respondents were:

• 7 in 10 students are very satisfied or satisfied with their articling experience. 17% are unsatisfied;
• 24% of Manitoba articling students and new lawyers report experiencing discrimination and/or harassment during recruitment and/or articling;
• The top challenge for Manitoba students is inadequate compensation.
• 6 in 10 articling students work 50-plus hours per week;
• 50% of new lawyers lacked confidence in their training and felt only somewhat prepared or not prepared for entry level practice;
• The quality of mentorship for students, mentors and principals is a challenge and impacts satisfaction with the articling experience.

Overall, the survey provided rich data which deepened our understanding on a number of issues including workloads, compensation and retention rates, and areas where both students and mentors felt that further resources or assistance may be beneficial.

The results also contained troubling reports about the incidence of discrimination and/or harassment during both the recruitment phase and the articling experience, with 24% of students in Manitoba reporting such experiences. Seventy percent of those who experienced discrimination or harassment were women. The primary types of discrimination and harassment reported included:

• Discrimination based on being female or a visible minority;
• Females given more administrative non-billable work;
• Complimenting female students’ outfits and bodies;
• Senior male counsel dismissive towards a female student;
• Fewer positions offered to visible minority students;
• Racist jokes;
• Using students to attract clients from the same minority group.

These findings are generally consistent with a 2017 survey in Ontario which reported that one in five respondents faced harassing or discriminatory comments or conduct based on their gender, race, sexual orientation, citizenship, disability, or other personal characteristics during their articling terms. Anecdotally, in Manitoba we have been aware of complaints concerning harassment and discrimination in the profession, but it is disappointing nonetheless to hear of the extent to which these concerns exist. As one Manitoba Bencher stated when the results were provided to them in September, even one report of harassment or discrimination is too many.

Next Steps

What are we going to do about it? The survey results will be provided to the Law Society’s Equity Committee for consideration and discussion as to how best to address the concerns. A number of findings in the survey will help to inform our thinking around how articling might better integrate with the new PREP program and what changes and improvements might be made in future. That work is already well underway with our partners at CPLED for implementation in the new program. In addition, staff at the Law Society of Manitoba are currently reviewing the report with a view to identifying a number of opportunities to ensure that students and young lawyers are aware of existing resources available to support them in the early years of practice.

We wish to thank those who took the time to participate in the survey. Although the survey is closed, our door is always open and if you have information you wish to share, please contact our Equity Officer, Alissa Schacter.