Be Part of Something Bigger

This issue features a myriad of updates and views about the regulation of lawyers. The BC government wants to see a single regulator and single statute for lawyers, notaries, paralegals, and other legal professionals. Both the Law Society and Society of Notaries Public wish to modernize, particularly in light of the Cayton Report (bit.ly/bt0222p5-1) recommendations. With these once-in-ageneration changes, the need for and importance of the Canadian Bar Association increases again.

Your membership in CBABC, now over 7,700 strong, enables BC lawyers to be heard as a collective. And the power of that collective allows lawyers to make informed and timely representations to the regulator and to government. CBABC members practice at the forefront of our legal and justice systems, providing services to British Columbians in every area of law. We witness and share with them personal and business challenges and crises. We have unique insight into the impact that laws, policies and those systems have on people. This issue updates you on CBABC’s advocacy on regulation and also the many other areas where we have seen advocacy wins and are making timely recommendations for reform.

There is a further distinction between the role of the regulator and the role of the association. Each needs their own lane. Think of a roadway with lanes of cars. Sometimes they run parallel, sometimes they merge and sometimes they cross. The same should be true for the regulator and CBABC. We have distinct purposes. LSBC regulates legal professionals and protects the public interest. It should provide support services to the professionals only to the extent necessary for them to meet their professional obligations to the satisfaction of the regulator. It cannot be all things to those professionals. To do so would put the regulator in a conflict with its obligations to the public and to the professionals regulated.

CBABC, as the professional association, provides support to lawyers as well as representation of lawyers. Offering opportunities to be brilliant, be heard, be connected and be well balanced is what CBABC is all about. Professional development, consultation roundtables, events to foster collegiality, and supportive resources are what members expect and benefit from at CBABC.

This spring, we launched two new programs to support members. CBABC is committed to creating opportunities for the advancement of Indigenous lawyers. One way we do this is by supporting more Indigenous lawyers to access the benefits of a CBABC membership through the new Indigenous Lawyers Waivers of Dues Program (bit.ly/bt0623ks1). This program helps to advance reconciliation and create an environment in CBABC where Indigenous lawyers feel welcome and supported. Those who may face financial barriers to

CBABC membership can apply to the program.

Are you looking for quick advice from an experienced lawyer? Practice Coaches (bit.ly/bt0623ks2) connects members to experienced lawyers in their field to discuss a specific issue or file. Over 40 lawyers across 16 practice areas are now available to answer your questions. This program is a great opportunity for new lawyers or those new to their field, or those in solo practice.

With our extensive Section and Committee network, CBABC is the place where government, the courts, the regulator, or other agencies can consult with groups of lawyers on anything. Want to talk to real property lawyers about effective modern transfer of funds in conveyancing? CBABC can connect you to that group. Collecting the views of early career starters on what they need from an articling principal? We’ve got you. Think you know about access to justice? Our front-line lawyers have a few things to say.

Now, more than ever, membership in CBABC matters. Come be part of something bigger and ensure your voice is heard. You won’t regret it.

Kerry L. Simmons, KC ksimmons@cbabc.org

PAUL CRAVEN

In March 2022, the Ministry of Attorney General of British Columbia announced a project to modernize the regulatory framework for legal professionals in B.C., including lawyers, notaries and a newly-created category of professionals called licensed paralegals. As part of this project, the Ministry is proposing to:

„ bring all regulated legal professions under a single statute with a single regulator;

„ establish a clear mandate for the regulator that clarifies its duty to promote the public interest; and

„ establish clear scopes of practice for each regulated profession with procedures to allow for expanded scopes as needed.

A key intention underlying this project is to improve the public’s access to legal services. As noted in the Ministry’s September 2022 intentions paper, access to legal services is in part a regulatory issue, because rules around who is allowed to provide what services have an impact on the availability and cost of those services. To be clear, the Ministry does not expect that these proposed reforms will, on their own, “solve” the access to justice crisis. Access to justice, as a whole, includes a number of different facets (including access to courts, access to legal advice, access to timely proceedings and decisions, and support for unrepresented litigants), many of which have no direct tie to regulation. However, modifying the regulatory framework underpinning the provision of services is one of many tools we can use as we continue to seek solutions to the broader crisis.

The concept of a single regulator is not new. The Law Society and Notaries Society have in the past explored the possibility of an amalgamation, on the basis that a single regulator model is better positioned to:

„ collect data on the provision of legal services across B.C., and regulate in a manner that seeks to address any identified gaps;

„ align standards between legal professionals providing similar or overlapping services.

The concept of alternative legal service providers is also not new. Many jurisdictions across North America are experimenting with the establishment and regulation of additional categories of skilled legal professionals as a means of offering more options for the public. The amendments contemplated by the Ministry will ensure the regulator is equipped to effectively regulate not only lawyers, notaries and licensed paralegals, but will also ensure the regulator has the flexibility it will need to respond to the continued (and rapid) evolution of the legal services marketplace.

The Ministry’s intentions paper, published in September 2022, was intended as a vehicle for feedback on its contemplated reforms, and we wish to thank everyone who took the time to provide their submissions. Though change of this magnitude is often accompanied by concerns, it also opens the door for new and exciting opportunities. The input we received, and continue to receive, from regulators, associations, individual legal professionals, Indigenous partners, non-profit organizations, members of the public and others, are helping to shape a vision for a renewed, flexible and modernized approach to the regulation of legal services in our province.

„ enable the public to better understand their options when looking for help with a legal problem or issue; and

ELIZABETH KOLLIAS

Paralegals are one of the most viable and valuable resource for supporting improved public access to justice along with a more lucrative client retention and billing scenario for lawyers and law firms alike.

The public doesn’t yet understand the role of a paralegal and, right now, neither do a lot of legal professionals. That’s OK, everyone’s busy. Advocacy and clarity of the evolving role of paralegals hasn’t fully taken flight, yet. So let’s buckle in and get the wheels up.

A paralegal is a non-lawyer who is a trained professional, working under the supervision of a lawyer. That’s straight out of the Code of Professional Conduct for B.C. These professionals have the education, training and knowledge necessary to take on specifically delegated legal work ordinarily performed by a lawyer (charging a lawyer’s rate).

Enter the British Columbia Paralegal Association and me, its President, Elizabeth Kollias. Our position is that paralegals play a key role in proving affordable alternatives to the public in accessing legal services. And we provide that without any reduction in quality of service rendered because our members are trained and skilled legal professionals. Since comic book films are all the rage, right now, allow me to draw a comparison. Paralegals are not Batman. But paralegals CAN BE effective members of the Justice League. We are trained, we are experienced, and we are good communicators.

We will become an effective force for heightening public confidence in the legal profession, while giving the public comfort by reducing clients’ bills. We’re The Atom. I was going to say Green Lantern, but thanks for nothing, Ryan Reynolds.

Paralegals work in all practice areas. Our ranks reflect a culturally diverse workforce. These professionals employ sensitive and insightful communication to reach out to clients who, unassisted, might be inclined to “wing it” in drafting and execution, or self-represent in relatively minor conflicts.

The absence of true access to justice has become the elephant in the room among the public. Faced with a legal issue — even a simple one — too many citizens have become inclined to say, “I just can’t afford a lawyer.” Some of these same citizens eschew the idea of going into “a big fancy law firm” because they’re convinced that they’ll be met by a bank of high-billing, condescending faces who will use words like “eschew”. Paralegals are perfectly positioned to bridge that gap. Effectively engaged and marketed, paralegals will be a vital element in aiding the expansion of public access to justice as well as demystifying the administration of that justice.

“Can’t a legal administrative assistant do the same as a paralegal?” No more than a dental office administrator (essential) can scale your teeth. Teeth scaling is the work of an educated and trained hygienist (also essential, but loses track of appointments). Legal administrative assistants perform supervised non-billable duties, often focused on scheduling and/or clerical tasks. Paralegals, on the other hand, perform billable work. We interview clients and witnesses, collect information, expertly prepare draft pleadings, court forms and agreements, engage in legal research and generate legal memos. Paralegals also engage in project management through the creation of work plans and budgets.

Any law firm of any size should be looking now to integrate paralegals into their practices. With our skillset, we offer the opportunity to attract and retain more clients, providing a higher level of service at a lowered cost. The engagement and deployment of “designated paralegals” to assume some of a lawyer’s traditional work with safeguards in place to cover liability and supervision already exists. Supported by the Law Society of B.C. and the Government of B.C., the landscape is now shifting to allow for the training and certification of “licensed paralegals” whose presence promises to change the game for the better for both the public and the legal profession.