Unpaid Articles?

[justbrowsing]

I did not have any success in landing an articling position for the 2024-25 year. I did however volunteer at a clinic this summer and they told me they would be willing to take me on as an articling student next year. The work described seems very interesting to me because I would be actively participating in hearings as opposed to solely doing research. The workplace atmosphere is friendly. The clinic is close to my home so I won't have to commute long distances. The catch - it is unpaid!!! The clinic cannot afford to pay for me and will be getting an exemption from the LSO to retain me without pay. I have expressed an interest in this role but have to yet signed any agreement. How many of you would choose the benefits I've described above for zero pay? Articling search is so time consuming and sometimes demotivating that I am tempted to accept a position without pay so I can focus on finishing school and studying for licensing exams, as opposed to wasting time submitting job applications and preparing for interviews which may not even result in a paid job offer at the end. What would you do in this situation? 

[LMP]

Personally, I think it is a little early to resign yourself to unpaid articling. It is still early in the year and as much as job hunting may suck the upside is huge. 

Unless you have a compelling reason to believe no paid positions will be forthcoming, I'd keep looking.

[OnlyResident]

49 minutes ago, justbrowsing said:

I did not have any success in landing an articling position for the 2024-25 year. I did however volunteer at a clinic this summer and they told me they would be willing to take me on as an articling student next year. The work described seems very interesting to me because I would be actively participating in hearings as opposed to solely doing research. The workplace atmosphere is friendly. The clinic is close to my home so I won't have to commute long distances. The catch - it is unpaid!!! The clinic cannot afford to pay for me and will be getting an exemption from the LSO to retain me without pay. I have expressed an interest in this role but have to yet signed any agreement. How many of you would choose the benefits I've described above for zero pay? Articling search is so time consuming and sometimes demotivating that I am tempted to accept a position without pay so I can focus on finishing school and studying for licensing exams, as opposed to wasting time submitting job applications and preparing for interviews which may not even result in a paid job offer at the end. What would you do in this situation? 

You can always accept it, and keep looking. Might not be pretty but its common. 

[Damages]

It is way way way too early to settle for an unpaid position. There should be many more great paid positions on your law school’s career portal throughout the school year.

[BlockedQuebecois]

7 hours ago, OnlyResident said:

You can always accept it, and keep looking. Might not be pretty but its common. 

It’s a violation of the LSO rules, and could result in an LSO good character hearing for the student. Students shouldn’t do it, and you should not be counselling students to do it. 

[Hegdis]

OP, think on it - can you afford to do this? I am assuming so because rather than talk about money you are focusing on not having to deal with the stress of a continued search. 
 

I mean if money isn’t an object, and this specific position is legit and you already know the people and the work and that’s all fine… it’s really just about your priorities. 

[OnlyResident]

9 hours ago, BlockedQuebecois said:

It’s a violation of the LSO rules, and could result in an LSO good character hearing for the student. Students shouldn’t do it, and you should not be counselling students to do it. 

This is true generally. OP should be frank about this with the clinic and they might be okay with it.  I am sure you know about the students who renege on articling to go clerk or join a more prestigious firm with support from the firm they reneged on.  

[BlockedQuebecois]

39 minutes ago, OnlyResident said:

This is true generally. OP should be frank about this with the clinic and they might be okay with it.  I am sure you know about the students who renege on articling to go clerk or join a more prestigious firm with support from the firm they reneged on.  

No, I don’t, because students who clerk in lieu of articles get their clerkship offer before they could have gotten an articling offer.

Additionally, the potential support of the firm or clinic isn’t what is relevant here, because this is a rule put in place by the Law Society. And while usually that rule is hard to enforce, since it would require the firm to report the student, in this case the clinic is going to proactively ask the LSO for an exemption. That means it is entirely possible that the LSO will independently notice OP’s violation of the rules. 

Even if there weren’t a risk of the LSO finding out, though, it is obviously bad advice for students to begin their professional careers by violating regulatory rules and burning bridges with members of the profession. As someone about to enter the profession, you would do well to consider whether that’s the type of advice you want to be giving. 

Edited September 16, 2023 by BlockedQuebecois

[Diplock]

Although I agree with BQ's position generally, it is reasonable advise that sometimes a prospective "employer" offering unpaid articles will be perfectly fine with being a backup plan. In other words, as long as everyone is upfront about it, it's fair to simply say "I'd love the option to article here even if it isn't paid, but I'd like to the chance to look for a paid position in the time remaining." I can't imagine anyone at the Law Society would ever have a problem with that. The issue with integrity here is being upfront about what everyone is doing. If you want to get hung up on definitions, call it an inchoate agreement that hasn't been fully accepted yet and is being kept on the back burner. But either way, as long as everyone is being straight about things, I'm confident in saying that it isn't an issue.

[BlockedQuebecois]

That’s fair, but if a student were to enter into that kind of arrangement they should do so knowing the risk that the employer may in the interim period either choose to hire a different candidate or choose not to hire an articling student at all.

That’s probably a relatively small risk with a legal aid clinic (although not a non-zero one, particularly if staffing changes or budgets are cut). It’s a much larger risk with a private employer.  

Edited September 16, 2023 by BlockedQuebecois

[OnlyResident]

1 hour ago, BlockedQuebecois said:

No, I don’t, because students who clerk in lieu of articles get their clerkship offer before they could have gotten an articling offer.

 

Was not the case this past year. 

I know personally a couple of students that had to do this. Maybe because some of the spots went unfilled and they extended the deadline past the articling recruit, but either way you cannot tell me it did not and does not happen as I witnessed it first-hand. 

At the end of the day, it is up to OP. I shared my two cents and thanks to you, he is aware of the risks of this sort of behaviour and they can now make the decision for themself. 

[Law123456789]

I think it is too early to settle for an unpaid position! there is still lot of time

[GoBigOrGoHome]

I would only choose the benefits you are describing if it was a certain lawyer. Not a situation where it is because I wasn’t able to get articles elsewhere and the practice area seems interesting enough. 

There are certain lawyers in this country that I would offer to work for free. They are the leaders in their practice areas and have fascinating files. 

Is it worth starving to you? Interest rates are high. You will have to pull out money from a line of credit before it converts to a loan (unless you have someone else that can bankroll your life). 

[sarcasticlemon]

I saw paid positions for the 2023 articling recruit in June of 2023. I’d say don’t lose hope and keep looking!

A lot of articling jobs will continue to be posted this year. If you’re from the GTA I know that some cities in PEEL region and in the west end had difficulty getting enough applicants and was searching late into the spring this year.

Edited September 21, 2023 by sarcasticlemon

[SNAILS]

My opinion on the narrow topic of whether you can accept and then renege on an articling position: don't do it. A promise is a promise and it will hurt your reputation.

If you aren't sure about accepting, do not accept. 

[Dinsdale]

In discussing unpaid articling, I assume that everyone is aware of the Mandatory Minimum Compensation (MMC) rules that came into effect May 1, 2023?  Unpaid articling is no longer allowed in Ontario unless the employer applies for and obtains a special exemption. Otherwise the minimum wage is $620 per week.

[LMP]

1 hour ago, Dinsdale said:

In discussing unpaid articling, I assume that everyone is aware of the Mandatory Minimum Compensation (MMC) rules that came into effect May 1, 2023?  Unpaid articling is no longer allowed in Ontario unless the employer applies for and obtains a special exemption. Otherwise the minimum wage is $620 per week.

I think OP mentioned the clinic was seeking or had an exemption.