These survey are a follow-up to the 2019 articling surveys to see if or how the articling system has changed, and what areas still need work. 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 surveys will be used by the law societies, in addition to other information and data collected over the years, to help determine next steps in addressing the issues identified. The Law Society of Alberta’s Strategic Plan covers this work under two of its three strategic goals: Competence and Public Confidence.

The 2024 surveys were similar to the 2019 articling surveys, but the questions were slightly revised to capture additional relevant information, such as questions about the impact of the pandemic on the articling experience.

All Alberta lawyers, articling students, principals, recruiters and mentors who met the eligibility criteria were invited to participate in the surveys. This means the survey 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.

In Alberta, the Law Society heard from 433 student and new lawyer respondents out of a total of 3,018 (a 14% response rate) and 344 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 the Law Society.

In 2019, the survey was completed by 549 articling students and new lawyers in Alberta out of a total of 2,347, for a response rate of 23%. While the 2024 response rate is smaller, research best practices confirm that the data is still a diverse/representative sample and statistically relevant for decision making. In fact, the 2024 sample showed a more balanced gender composition and a greater diversity in terms of representation from equity-deserving groups and internationally trained lawyers, as compared to 2019.

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 Alberta legal profession or articling students. 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.

We engaged the same third-party consultant as in 2019, 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 and 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.

The 2024 survey results revealed two key findings:

• Half of respondents who completed articling feel prepared or very prepared for entry-level practice overall, and there has been a year-over-year improvement since 2022.
• Of those who responded, approximately one in three reported experiencing discrimination or harassment during recruitment and/or articling. This is comparable to the 2019 results.

We are disheartened to see that some new lawyers and current articling students are still struggling with less than ideal or even unsafe working conditions during their articles.

The survey results revealed that those reporting discrimination and harassment were more likely to be female (70%). Of the remaining 30%, 26% were male and 4% reported as other.

29% were internationally trained students who attended law school outside of Canada.

38% identified as racialized.

26% identified as 2SLGBTQIA+.

Some common types of discrimination and harassment reported by the survey respondents include:

• Sexual harassment, including remarks on female students’ appearance
• Discriminatory interview questions and feedback (e.g., questions about childcare, plans to have children, etc.)
• Women assigned less billable work or being treated as assistants
• Racialized and internationally trained lawyers reported that they were treated as inferior or less likely to be offered positions
• Offensive jokes targeting the student’s ethnicity

Of those who shared experiences of discrimination and harassment, 53% 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.

Of those who did report the incident, most reported directly to their firm/organization as opposed to the Law Society or another administrative body.

Only 17 respondents reported incidents to the Law Society, and of those 17, 4 had a positive outcome and 10 stated that no action was taken. Based on open-ended responses, those who stated that no action was taken did receive a response. In most cases, the nature of the situation was deemed difficult to objectively prove or perceptions of the harassment/discrimination varied amongst the parties, so no disciplinary action was taken.

When an incident of harassment or discrimination is formally reported to the Law Society, we initiate a thorough investigation into the complaint. Investigations are conducted in a fair and unbiased manner for all parties involved.

In our role as regulator, the Law Society will continue to do what is within our mandate to support a more equitable and safer environment for articling students and new lawyers.

While the Law 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 that 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.

As a result of the 2019 survey findings and related information collected over the years, the Law Society of Alberta Board developed a work plan and has worked directly with lawyers, students, law firms and organizations to focus on areas where we, as the regulator, can have an impact. The Law Society has completed all pieces of the work plan initially set out in 2019.

Below are a few examples of the work we have undertaken:

• Launched the Respectful Workplace Policy, Employer Guide and Safe Reporting Process.
• Invited lawyers and students to share their stories where racial discrimination or stereotyping impacted their legal career through the “My Experience” Project.
• Worked with well-known legal analyst, Jordan Furlong, on a report of recommendations for lawyer licensing and competence in Alberta.
• Provided Indigenous Cultural Competency Education to the profession and staff.
• Developed and implemented mandatory training for principals.
• Redesigned and launched a continuing professional development program and tool.

Of the new lawyers/articling student respondents, on average, half felt either prepared or very prepared to enter the practice of law, while the other half felt somewhat prepared, not very prepared or not at all prepared. This is consistent with the 2019 results.

However, when examining year-over-year data, there is a positive trend in perceptions of feeling prepared. Only 38% of respondents who started articling in 2019 felt prepared or very prepared, but that number increases to 69% by the year 2023.

62% of articling student or new lawyer respondents who articled between 2019 and 2022 felt the pandemic negatively impacted their articling experience, and 75% of principal, recruiter and mentor respondents echoed that sentiment.

The pandemic also had a notable effect on level of satisfaction and preparedness for articling students and new lawyers. Respondents cited that reduced learning opportunities, lack of in-person relationships, mental health issues and diminished mentorship opportunities, among other things, all took a toll on their experience.

The main challenges reported are as follows:

• Experience in only a few practice areas was cited as the primary reason for feeling somewhat, not very or not at all prepared. Two-thirds of articling student and new lawyer respondents report being exposed to only 1–3 practice areas during articling, and one-quarter of principal, recruiter and mentor respondents acknowledge that preparing articling students for various practice areas poses a significant challenge.
• Lack of a learning plan was another reason cited for feeling somewhat, not very or not at all prepared. When examining year-over-year data, there is a positive trend in the number of articling students who had some form of learning plan guiding the articling experience. Only 13% of respondents who started articling in 2019 said there was a learning plan in place for them, while that number grew to 48% by the year 2024.
• Client relationship management, practice management and dispute resolution continue to be weaker areas of training for articling students. However, there has still been positive improvement in these areas since 2019, demonstrating an encouraging trend.

The quality of mentorship within law firms and organizations has also improved since 2019, particularly in terms of providing regular feedback.

70% of student/new lawyer respondents feel they received regular feedback on their work performance and 55% feel they received regular feedback on their skills development, an improvement over the 2019 results.

Our upcoming projects include the following:

• Launched the Practice Fundamentals Program for new lawyers. New course content will be developed each year to support new lawyers early in their careers.
• Developing more resources and supports specifically for international trained lawyers and lawyers with disabilities.
• Undergoing a comprehensive review of the Articling Placement Program to enhance the program and make sure that it is serving its purpose effectively. An internal working group is working on ways to better the matching and placement processes.
• Began work on an organizational Reconciliation Blueprint in collaboration with our Reconciliation Roster. This plan will guide our strategy for Indigenous initiatives in the coming years.
• Begin exploring alternatives to articling in the coming years. Our current Strategic Plan lists an objective to “Collaborate with stakeholders to explore enhancements to current articling processes and alternatives to articling for those seeking admission to the Law Society that ensure compliance with entry-level competency for enrolment in the Law Society.”

The information gathered from the surveys, in addition to other information and data collected over the years, will inform next steps in addressing the issues identified.

We are not relying solely on this data for decision-making, but it does provide valuable insight into immediate and long-term needs. We receive information on these issues from various sources, including complaint submissions, reports to the Equity Ombudsperson, Practice Advisor inquiries, and the Articling Placement Program to name a few.

Each province involved with the 2024 survey is currently working to review and analyze their respective data. Once results from each province are made public, we will share further 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.