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2021 Toronto Summer Student Recruitment Procedures

These Procedures are binding on all students and lawyers who participate in the recruitment of students for Summer 2021 positions in Toronto. These Procedures are to be followed in spirit as well as in letter.

It is the responsibility of all participants in the recruitment of summer students in Toronto to ensure its integrity through compliance with these Procedures. Breach or circumvention of these Procedures should be reported in writing to the Law Society of Ontario, by email to articling@lso.ca, to the attention of the Team Manager, Experiential Training Programs.

Preamble
The purposes of these Procedures are to:
1. provide an orderly recruitment process that promotes fair dealings between students and firms and among firms, and
2. reduce interference with students’ studies and pressures on students.
Participants are reminded that compliance with these Procedures is required under rule 6.2-1 of the Law Society’s Rules of Professional Conduct. Deliberate breach or circumvention of these Procedures by a lawyer may result in a charge of Professional Misconduct against the lawyer who participates in or authorizes the circumvention. Deliberate breach or circumvention of these Procedures by a student may result in an Admissions Hearing to determine if the student meets the Good Character requirement for call to the bar and admission as a licensee of the Law Society.

Please note that the dates mentioned in these recruitment Procedures are specific to each licensing cycle, and as such, are updated on a yearly basis. These Procedures set out the earliest date on which certain recruitment activity can take place in any given year, and are only applicable to that specific licensing cycle. Firms may choose to hire after the earliest prescribed dates set out in the recruitment procedures.

Comments with respect to these Procedures may be submitted for consideration by the Law Society of Ontario at the end of the recruitment cycle. Comments must be submitted in writing, by email to articling@lso.ca, to the attention of the Team Manager, Experiential Training Programs.
A. Definitions

The following definitions are provided for clarity:

“2022-2023 Licensing Cycle” means the period from May 1, 2022 to April 30, 2023.
“2023-2024 Licensing Cycle” means the period from May 1, 2023 to April 30, 2024.
“early offer” means an offer of a Summer 2020 position made by a firm to a student who is or has previously been employed and/or hired as a first year summer student with that firm.
“February 16 Interview Week” means the interview week for first year student positions which starts at 8:00 a.m. on Tuesday, February 16, 2021.
“firm(s)” means an employer of students for Summer 2021 positions and includes a law firm, sole practitioner, company or non-profit organization legal department, government department or ministry, and legal clinic.
“first year student” means a law student who reasonably expects to be eligible to commence articling in the 2023-2024 Licensing Cycle or later.
“on-campus interview” means an interview conducted in person on the premises of a law school or at another location to be determined by a law school, or remotely by telephone, videoconference, or other remote online communication platform, that takes place after August 17, 2020 and before October 23, 2020. Students apply directly to the firms in which they are interested. These interviews cannot last longer than 20 minutes each and students may interview only once with any firm.
“recruitment activity” means open houses, firm tours, and similar activities held for students, as well as any activity originated by a firm and directed toward specific individuals or targeted groups for the purpose of encouraging employment with that firm, including but not limited to the conducting of interviews and the making of offers of employment.
Commentary: Activities which are not considered recruitment activities include but are not limited to participation in law school orientation, job fair and mooting events; dinners held for prize-winners; and seminars and other educational opportunities provided to students, participation in which is open to a recognized law school student group (or groups).
“November 2 Interview Week” means the interview week for second year student positions which starts at 8:00 a.m. on Monday, November 23, 2020.
“second year student” means a law student who reasonably expects to be eligible to commence articling in the 2022-2023 Licensing Cycle.
“Toronto” means the municipal area incorporated as the City of Toronto by the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A.

All times listed in these Procedures refer to the time in Toronto.
B. General Procedures
Part B of these Procedures applies to both Parts C and D.
1. Any firm, either within or outside of Toronto, seeking to recruit a student who will spend a significant portion of Summer 2021 with the Toronto office of the firm shall be governed by these Procedures with respect to the recruitment of that student.
2. Firms must not participate in the recruitment of students unless they are confident that they will be able to offer a position to a qualified student.
3. A firm that communicates its intention to interview a student must subsequently do so, unless the student has advised the firm that the student does not want to participate in the interview. Students must notify a firm of their intention to accept or decline an interview within 24 hours of being offered an interview.
4. Interviews may be conducted in person on the premises of the interviewing firm or at another location, or remotely by telephone, videoconference, or other remote online communication platform. The location of interviews and the method(s) by which interviews are conducted are within the discretion of the interviewing firm (except with respect to on-campus interviews). Interviews conducted remotely are subject to the same requirements and guidelines that apply to interviews conducted in person.
  Commentary: In scheduling their interviews, students are to allow for interview lengths of at least 90 minutes. Students who are interviewing in person should also allow for travel times between premises when scheduling their interviews.
5. Firms shall not make offers of employment on terms or in circumstances that do not give students a proper opportunity to consider the offer before deciding. Firms shall also not make offers which are conditional upon the position still being available when the acceptance is received, or contingent on another candidate declining an offer.
  Commentary: When making offers and early offers, firms may communicate any relevant information about the terms of employment, including the position’s anticipated start date, compensation, and benefits.
6. When making an offer to a student, firms must communicate the period during which the offer shall be allowed to remain open. A firm and student may mutually agree to extend this period.
7. Throughout the recruitment process, firms shall not put undue pressure on students to accept an offer of employment, or to reveal their intention to do so.
  Commentary: Students may voluntarily communicate their intention to accept a prospective offer from a firm if such an offer were made. However, attempts by firms to solicit these intentions, however veiled or indirect such communications by firms might be, are considered inappropriate.
8. Students shall deal with offers received as expeditiously as possible regardless of the stipulated time that the offer shall be allowed to remain open.
  Commentary: Failure to communicate a rejection of an offer as soon as a decision to reject is made prejudices not only the offering firm but also fellow students to whom an offer may next be made.
9. Students who accept an offer shall immediately notify firms from whom they have an outstanding offer or with whom they have scheduled interviews. Students who have already accepted an offer shall not thereafter participate in interviews with other firms or accept offers subsequently received.
10. Firms shall not knowingly make an offer to a student who has already accepted a position at another firm.
C. Second Year Students
Part C of these Procedures applies to the recruitment of second year students.
1. Firms shall not set application deadlines earlier than Monday, August 17, 2020 at 5:00 p.m.
2. Student applications for interviews received by 5:00 p.m. on Monday, August 17, 2020, shall be treated without regard for the date of receipt.
  Commentary: In considering whether or not an interview will be granted and the time and date of such interview, the date of receipt of an application shall not be a factor if the application is received by 5:00 p.m. on Monday, August 17, 2020.
3. Firms may conduct on-campus interviews of candidates for Summer 2021 positions. The organization of on-campus interviews, including the notification of students, the location of on-campus interviews, and the method(s) by which on-campus interviews are conducted, is within the discretion of each individual law school. An in person on-campus interview may not be conducted at any individual firm’s office, unless the law school agrees otherwise in order to accommodate any candidates who would be otherwise unable to participate fully as a result of a factor or condition listed as a ground in the Human Rights Code, R.S.O. 1990, c. H.19. Interviews conducted remotely are subject to the same requirements that apply to interviews conducted in person.
4. There shall be no recruitment activities for second year students attending Ontario law schools between 5:00 p.m. on Monday, August 17, 2020 and 8:00 a.m. on Monday, November 2, 2020, except for the conducting of on-campus interviews and the scheduling of interviews and of any other recruitment activities to be conducted during the November 2 Interview Week.
5. The time and date of interviews and other recruitment activities to be scheduled for the November 2 Interview Week shall not be communicated in any way until 8:00 a.m. on Friday, October 23, 2020.
  Commentary: A firm may communicate, at any time after the student’s on-campus interview if the firm has conducted an on-campus interview or at any time after 5:00 p.m. on Monday, August 17, 2020 if the firm does not conduct on-campus interviews at the student’s law school, (a) that it will or will not be inviting a student to interview, and/or to a meal, reception or similar event, during the November 2 Interview Week, and (b) that the interviewing will be conducted in accordance with these Procedures. Firms may advise students in advance of dates and times of events to which all interviewees will be invited. However, firms shall not suggest the specific date or time of an expected interview prior to 8:00 a.m. on Friday, October 23, 2020, nor may students participate in the making of such appointments before that time.
6. With the exception of on-campus interviews, no interviews for Summer 2021 positions in Toronto shall be conducted by firms prior to the November 2 Interview Week. This rule applies both to firms conducting on-campus interviews and to those not conducting on-campus interviews.
  Commentary: Firms wishing to interview students from out of province law schools may attend at an out of province law school on a date or dates specified by the school for summer recruitment and interviews for summer positions.
  Commentary: In exceptional circumstances, the Law Society will allow students who are unable to attend for interviews during the November 2 Interview Week permission to attend for interviews prior to the November 2 Interview Week. Applications for exemption should be made in writing to the Law Society of Ontario, by email to articling@lso.ca, to the attention of the Team Manager, Articling Program. Such exemptions apply only to the date(s) for interviewing; all firms and students are bound by these Procedures as to the date on which offers of employment may be made.
7. During the November 2 Interview Week, interviews shall only be conducted between 8:00 a.m. on Monday, November 2, 2020 and 3:00 p.m. on Wednesday, November 4, 2020. Between 3:00 p.m. and 5:00 p.m. on Wednesday, November 4, 2020, firms are prohibited from contacting students and students are prohibited from contacting firms. Recruitment activities are not restricted at other times during the November 2 Interview Week.
8. No communication of offers of employment shall be made prior to 5:00 p.m. on Wednesday, November 4, 2020, subject to the exception in Section C.9. All offers made at or after 5:00 p.m. on Wednesday, November 4, 2020 shall be allowed to remain open until at least 5:00 p.m. on Thursday, November 5, 2020. Any offers made at or after 5:00 p.m. on Thursday, November 5, 2020 shall be allowed to remain open for a reasonable period of time.
9. (a) Firms may make an early offer of a Summer 2021 position, in accordance with these Procedures, to any student who is or has previously been employed and/or hired as a first year summer student with that firm, at any time prior to the earliest time after which communications of offers of employment may otherwise be made by that firm.
  (b) A student who receives an early offer must respond within two business days by notifying the firm that the student either accepts, rejects, or is holding the offer.
  (c) Accepting an early offer constitutes a binding agreement between the student and the firm.
  (d) Rejecting an early offer immediately releases the firm from any obligations to the student with respect to the recruitment process for Summer 2021 positions in Toronto, and allows the firm to consider other applicants for the position.
  (e) Holding an early offer means that the offer remains valid and binding until the earlier of either:
  1. the student notifying the firm of acceptance or rejection; or
  2. 5:00 p.m. on Thursday, November 5, 2020 (the earliest time until which offers of employment must be allowed to remain open).
  (f) Firms shall not put undue pressure on students to communicate an acceptance or rejection of an early offer.
  Commentary: If a firm makes an early offer to a student(s), which has been initially held by the student(s) and then subsequently accepted after the firm has already scheduled interviews with other students for the position(s) that is or are no longer available, then the firm must contact those other students to cancel those interviews as expeditiously as possible.
D. First Year Students
Part D of these Procedures applies to the recruitment of first year students.
1. Firms shall not set application deadlines earlier than Wednesday, January 20, 2021 at 5:00 p.m.
2. Student applications for interviews received by 5:00 p.m. on Wednesday, January 20, 2021 shall be treated without regard for the date of receipt.
  Commentary: In considering whether or not an interview will be granted and the time and date of such interview, the date of receipt of an application shall not be a factor if the application is received by 5:00 p.m. on Wednesday, January 20, 2021.
3. There shall be no recruitment activities for first year students between 5:00 p.m. on Wednesday, January 20, 2021 and 8:00 a.m. on Tuesday, February 16, 2021, except for the scheduling of interviews and of any other recruitment activities to be conducted during the February 16 Interview Week.
4. The time and date of interviews and other recruitment activities to be scheduled for the February 16 Interview Week shall not be communicated in any way until 8:00 a.m. on Friday, February 5, 2021.
  Commentary: A firm may communicate, at any time after January 20, 2021, (a) that it will or will not be interviewing a student during the February 16 Interview Week, (b) that the interviewing will be conducted in accordance with these Procedures, and (c) that it will or will not be inviting that student to a meal, reception or similar event during the February 16 Interview Week. Firms may advise students in advance of dates and times of events to which all interviewees will be invited. However, firms shall not suggest the specific date or time of an expected interview prior to 8:00 a.m. on Friday, February 5, 2021, nor may students participate in the making of such appointments before that time.
5. Interviews shall not be conducted prior to 8:00 a.m. on Tuesday, February 16, 2021.
  Commentary: Firms wishing to interview students from out of province law schools may attend at an out of province law school on a date or dates specified by the school for summer recruitment and interviews for summer positions.
  Commentary: In exceptional circumstances, the Law Society will allow students who are unable to attend for interviews during the February 16 Interview Week permission to attend for interviews prior to the February 16 Interview Week. Applications for exemption should be made in writing to the Law Society of Ontario, by email to articling@lso.ca, to the attention of the Team Manager, Articling Program. Such exemptions apply only to the date(s) for interviewing; all firms and students are bound by these Procedures as to the date on which offers of employment may be made.
6. During the February 16 Interview Week, interviews shall only be conducted between 8:00 a.m. on Tuesday, February 16, 2021 and 3:00 p.m. on Thursday, February 18, 2021. Between 3:00 p.m. and 5:00 p.m. on Thursday, February 18, 2021, firms are prohibited from contacting students and students are prohibited from contacting firms. Recruitment activities are not restricted at other times during the February 16 Interview Week.
7. No communication of offers of employment shall be made prior to 5:00 p.m. on Thursday, February 18, 2021. All offers made at or after 5:00 p.m. on Thursday, February 18, 2021 shall be allowed to remain open until 5:00 p.m. on Friday, February 19, 2021. Offers made on or after Friday, February 19, 2021 shall be allowed to remain open for a reasonable period of time.