TORONTO, Nov. 3, 2022 /CNW/ - Decisions in the investigation into cheating on the Law Society's November 2021 barrister and solicitor online licensing examinations have been made in relation to most of the individuals who were under investigation.
"The Law Society has taken the appropriate action in the circumstances, given the gravity of the conduct and the evidence supporting its conclusions," said Diana Miles, the Law Society's Chief Executive Officer. "The Law Society must carry out its function, duties, and powers in a manner that protects the public interest. Critical to fulfilling our mandate is facilitating a licensing regime that is properly and effectively administered and that ensures good character and the entry-level competence of licensees."
In July and August this year, 150 candidates were notified that, based on the results and recommendations of a forensic analysis conducted by testing security experts, and other information and evidence obtained through the investigative process, there was strong support for the conclusion that they had engaged in prohibited actions regarding the Law Society's November 2021 licensing examinations.
Candidates were advised that they could face a range of outcomes based on the Law Society's mandate to protect the public interest and to maintain the integrity of the licensing process and the public confidence in the legal professions. Candidates were provided with a further opportunity to respond to investigators, if they chose to do so.
In August, September, and October this year, 148 candidates were notified that the Licensing and Accreditation Department of the Law Society had made a decision as to the appropriate administrative outcome on the basis of the available evidence, which included any new responses provided.
A summary of the administrative outcomes imposed is as follows, and those affected have been notified:
21 candidates were advised that their examination result(s) are void.
- These candidates received a "fail" result for the void examination, which counts as an examination attempt.
126 candidates were advised that their exam result(s) are void and their registration in the licensing process is also void.
- Individuals whose registration is void are no longer candidates in the Law Society's licensing process; all previous examination attempts along with the completion of any form of experiential training, such as articling, are void.
- Individuals whose registration is void are unable to re-apply to enter the licensing process for a period of one year. In addition, the rendering of this administrative decision must be disclosed should they apply at any point in the future, at which point they may be subject to an investigation concerning whether they are presently of good character.
One candidate was advised that neither their exam result nor registration were being voided, and no further steps were being taken in relation to the candidate's examinations.
Candidates were given the opportunity to request that the Executive Director, Professional Development and Competence review the outcome decision, and to submit additional information in support of that request. The results of these reviews have now been communicated to most candidates. A small number of candidates are still within the period of time in which they could request a review.
In addition, a further 22 candidates under investigation have been advised that the investigation into their possible actions has been closed without any administrative action being taken.
The Law Society's investigation, being conducted by an external investigator, continues with respect to a number of other individuals.
In late 2021 and early 2022, the Law Society received information and cheating material indicating that there was examination misconduct being facilitated by a third-party tutoring company. Upon reviewing the cheating material, the Law Society determined that the cheating keys directly mapped to the Law Society's November 2021 licensing examinations, raising concerns about the integrity of the November 2021 licensing examinations.
These findings prompted the Law Society to take immediate action, which included:
- A comprehensive forensic analysis of all the examination results for the November 2021 Barrister and Solicitor examinations (874 Barrister examinations and 845 Solicitor examinations)
- Retaining a team of external investigators
- Cancellation of online examinations, rescheduling and changing the examination modality to an in-person format
- Placing affected candidates' licensure or eligibility to attempt another examination in abeyance, pending the outcome of the investigative process.
All candidates for licensure are subject to several rules and regulations, including the Law Society Act, the By-laws made under the Act, licensing process policies, and rules and protocol regarding examinations. Candidates are informed that engaging in prohibited actions during the licensing and examination process, can lead to discipline or removal.
Lawyer licensing examinations are held three times each year and are an integral aspect of ensuring the entry-level-competence of lawyers and paralegals in Ontario. The Law Society is committed to ensuring that its licensing examinations are administered fairly, defensibly, in the public interest, and are free from improper behaviour, unlawful activity, and misconduct.
The Law Society regulates lawyers and paralegals in Ontario in the public interest. The Law Society has a mandate to protect the public interest, to maintain and advance the cause of justice and the rule of law, to facilitate access to justice for the people of Ontario and to act in a timely, open and efficient manner.
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SOURCE The Law Society of Ontario
Media contact: Wynna Brown, Director, External Relations and Communications, [email protected].
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