OCTOBER 2005
VOLUME 17, NUMBER 5
An Expanded Role for BC Paralegals? Law Society to look at new rules for non-lawyer legal services
T
wo years ago, the Law Society's Paralegal Task Force was asked by the Benchers to consider revisions to Chapter 12 of the Professional Conduct Handbook to expand the range of services that could be delegated by lawyers to their non-lawyer employees. An interim report outlining the Task Force's conclusions to date was provided on March 29, 2005, and a final report is expected before the end of 2005. The concept of an expanded role for paralegals has arisen because, in the words of the Task Force, "using lawyers for all legal matters is not always economical or affordable." The interim report lists a number of services which could potentially be delegated to paralegals under the supervision of lawyers: a) Simple Solicitor's Services The Task Force has expressed the view that there is a role for paralegal employees to attend on the client to advise and take instruction on matters where the issues are not complex and the amounts in question are not large. This includes "uncontested divorces, simple conveyances, simple wills and other services that might be provided by a notary public." b)Small Claims Court Matters Even when issues in Small Claims Court are complex, the Task Force believes that it remains uneconomical to hire a lawyer to provide representation. The Task Force is seeking consensus with the Provincial Court on the issue of paralegal representation in small claims matters, in order to provide the public with an economical, but
nonetheless regulated, alternative to hiring a lawyer. c) Criminal and Family Matters The Task Force has concluded that there is no appropriate role for delegation to paralegals in Supreme Court matters, but has expressed a willingness to revisit that issue should a demand arise. In Provincial Court criminal matters, the Task Force and Chief Judge agreed that paralegal representation should be permitted in those classes of cases that the Chief Judge assigns to Sitting Justices of the Peace. This precludes cases where there is a risk of imprisonment or a significant fine or other serious consequence (e.g. loss of driver's licence). In Provincial Court family matters, the Task Force has concluded that lawyers should be permitted to allow paralegals to represent clients on uncontested or consent applications. d)Administrative Tribunals The Task Force has expressed the view that lawyers should be permitted to allow their paralegals to represent client's before administrative tribunals if permitted by the tribunals and not prohibited by law. Lawyers who have not read the Law Society's Task Force report are encouraged to do so - look under "Reports" at www.lawsociety.bc.ca. If you have any concerns or input, contact your Bencher and/or elected CBABC representatives. The CBA encourages all lawyers to ensure that their views are heard when important regulatory decisions are being made by the Law Society. BT
The
canadian Bar Association British Columbia
www.bccba.org