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Alternate Delivery of Legal Services

Alternate Delivery of Legal Services. Presentation to Pro Bono Stakeholders Roundtable Susan V.R. Billington QC November 4, 2011. 1. Issues. Access to the Justice System Consumer or citizen protection Public and legal profession impacts Definition of the practice of law

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Alternate Delivery of Legal Services

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  1. Alternate Delivery of Legal Services Presentation to Pro Bono Stakeholders Roundtable Susan V.R. Billington QC November 4, 2011 1

  2. Issues • Access to the Justice System • Consumer or citizen protection • Public and legal profession impacts • Definition of the practice of law • Lack of information 2

  3. Research • Ipsos Reid General Consumer Survey • Ipsos Reid Legal Profession Survey • Industry Profile – empirical and statistical profile • Inventory of regulated professions and occupations • Definition of the practice of law and scope of practice research 3

  4. Some of the industry profile data confirmed our assumptions, such as: • The non-lawyer legal services marketplace is mostly unregulated. • There are no standards of education, insurance, code of professional conduct or other client protections in place. • There are instances that the public is placed at risk due to the unregulated nature of non-lawyer legal service delivery. 4

  5. Surprises in research: • The number of independent non-lawyer agents providing legal services has seen tremendous growth in the past decade (230%). • Alberta has the largest per capita non-lawyer legal service industry in Canada. • Legal services market already occupied by non-lawyers. • There is a very wide variety of legal services already provided to the public by non-lawyer agents for a fee. 5

  6. Surprises continued: • The unregulated non-lawyer legal services industry has grown in Alberta due to more stringent regulatory environments in B.C. (unauthorized practice of law) and Ontario (paralegal regulation). • Alberta is the only province not to have a definition of the practice of law in the provincial statute. 6

  7. Overall perspective on research outcomes • Situation is different than we thought as there is already a substantial non-lawyers legal services marketplace in Alberta. • Regulated through general consumer protection laws. • There is a lack of definition of the practice of law. 7

  8. Consumer Protection – principles • ADLS project framed as an access to justice/access to legal services initiative. • Research shows there is already a robust non-lawyer marketplace. • Consumer protection is not the problem the LSA was asked to address. 9

  9. Consumer protection – principles continued • Consumer choice a key aspect. • Role of LSA – protect the public when engaging a lawyer not to protect public from freely made consumer choices. • A better definition of the practice of law will aid in this. 10

  10. Consumer protection - principles • Distinguish those services only lawyers can provide. • Positive effect on UPL. • Members of public will better understand what to expect from each. • If non-lawyer services chosen, public better informed of risks. 11

  11. Recommendations: • Definition of the Practice of Law • Access to Justice/Legal Services focus 13

  12. Definition of the Practice of Law • A definition should be developed in accordance with the key principles. • Assessment of areas to be included based on risk of harm to the public. • Amendment subject to legislative priorities of the government. • Sample definition. 14

  13. Access to Justice/Legal Services focus • Lower income Albertans (under $50,000) have different experience in legal service delivery. • Poverty law/Family law areas - high need. • Independent non-lawyer legal service delivery not servicing this area of need – market driven. • Paralegals under the supervision of a lawyer may provide cost-efficient delivery system to low-income clients. 15

  14. Supervisory Model • Rules already in place. • Undertaken by law firms in many practice areas where economically feasible to do so. • Room for expansion of the supervisory model to service low income Albertans in areas of high need – government, LAA, not-for-profits. 16

  15. Roles of Law Society • Many project and program ideas – outside mandate of LSA as regulator. • LSA can influence and network with stakeholders. • Facilitate, encourage and support supervisory projects/program development. 17

  16. Program development examples • LAA – Legal Services Centre Model • Student Legal Services – Family Law Chambers Project • Community Advocates program in B.C. • Amici Curiae Pro Bono Paralegal Program 18

  17. Discussion 19

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