LSO barrister, solicitor exams cancelled after content ‘improperly accessed,’ investigation ensues

By Amanda Jerome

Law360 Canada (March 7, 2022, 9:13 AM EST) -- On March 5, the Law Society of Ontario (LSO) announced the cancellation of the upcoming barrister and solicitor exams as the regulator received information “which strongly indicates that examination content has been improperly accessed by some candidates, compromising the integrity of the upcoming examination period.”

“Evidence indicates the potential involvement of third parties in this activity,” a press release explained.   

The cancellation will impact “approximately 1,100 candidates who were set to write online examinations” which were “scheduled to be written from March 8 to 11 and March 22 to 25,” the release added.

LSO chief executive officer Diana Miles

LSO chief executive officer Diana Miles

Diana Miles, the LSO’s chief executive officer, said the regulator appreciates “that this decision is upsetting news to those candidates not involved in improper conduct.”

“However, this is a critical and necessary step to protect the integrity of the licensing process and the reputation of those candidates not involved. Most importantly, as the regulator of the legal professions it is incumbent upon us to take immediate action to protect the public interest,” she added in a statement.

The LSO is “proceeding immediately with a comprehensive investigation of the matter by a team of external investigators,” the release stressed, noting that “this in-depth investigation includes review of candidates who have previously written examinations and may have received and relied on improperly obtained licensing examination content to assist their examination attempt.”

“Licensing examinations are an integral aspect of ensuring the entry-level-competence of lawyers and paralegals in Ontario,” the release added, emphasizing that 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.”

 According to the release, “next steps will be informed by the results of the investigation” and “further details cannot be provided at this time” in order to “protect the integrity of the investigation.”

The LSO explained that recently affected licensing candidates “who would originally have been eligible for licensure were notified that the law society is conducting an assessment of their examinations and that their eligibility to be called to the bar is being held in abeyance pending that assessment.”

“In addition, affected candidates who would originally have been eligible to attempt a licensing examination at the next available opportunity have been notified that the law society is assessing their prior licensing examination, and that their eligibility to attempt another is in abeyance pending that assessment,” the release added, stressing that at this point “no conclusions should be drawn from any delay in a candidate’s licensure.”

According to the release, exams will be “rescheduled as soon as possible, once additional measures have been implemented to further strengthen the delivery of licensing examinations; affected candidates will receive additional information through their online accounts.”

The LSO declined to provide additional comment on the situation at this time. 

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