The Law Society regulates practitioners of foreign law in BC to ensure that only qualified persons provide legal services relating to other countries and to minimize the unauthorized practice of law, for protection of the public.

Practitioners of foreign law may offer a defined scope of services and must meet ethical and financial standards in accordance with the Legal Profession Act , Law Society Rules and Professional Conduct Handbook.

This section explains the role of practitioners of foreign law in British Columbia and the necessary requirements for obtaining a permit.

A person with foreign legal qualifications who wishes to give legal advice in British Columbia respecting the laws of his or her home jurisdiction must first obtain from the Law Society a permit to act as a practitioner of foreign law: see Law Society Rule 2-19.

A permit is valid for one year from the issue date shown on it, and a practitioner of foreign law may act in that capacity only while the permit remains valid.

A person who, without a valid permit, acts as a practitioner of foreign law or holds himself or herself out as such, is engaged in the unauthorized practice of law and is subject to prosecution or to injunction proceedings by the Law Society.

Practitioners of foreign law are not required to reside in British Columbia and may offer services on a full-time or part-time basis. A foreign lawyer who comes British Columbia infrequently, or even once, to advise a member of the public about the laws of his or her home jurisdiction must first obtain a permit to act as a practitioner of foreign law.

To be eligible for a practitioner of foreign law permit, you must be a member of the legal profession in one or more foreign jurisdictions: see Rule 2-18. You must have practised the law of such a foreign jurisdiction for at least three of the past five years, or undertake in writing to act as a practitioner of foreign law in BC only under the direct supervision of a practitioner of foreign law who has practised law in that foreign jurisdiction for at least three of the past five years.

A lawyer who is a member of the Law Society of BC (other than a retired or non-practising member) and who is also qualified to practise law in a foreign jurisdiction may act as a practitioner of foreign law in British Columbia without obtaining a permit. To do so, the lawyer must hold liability insurance that specifically extends to the lawyer's activities as a practitioner of foreign law in BC and is in a form and amount at least reasonably comparable to that required of lawyers under Rule 3-21(1).

To apply for a permit to act as a practitioner of foreign law in British Columbia, you must submit to the Law Society:

• Application: Practitioner of Foreign Law Permit (PDF | Word);
  
  
• two Certificates of Character (Practitioner of Foreign Law Permit) (PDF | Word);
  
  
• documentary evidence that you are a member of the legal profession in one or more foreign jurisdictions, are not suspended or disbarred and have not otherwise ceased, for disciplinary reasons, to be a member of a governing body or of the legal profession in any foreign jurisdiction;
  
  
• documentary evidence that you carry professional liability insurance or a bond, indemnity or other security that is comparable in form and amount to that required of BC lawyers under Law Society Rule 3-21(1), and that specifically extends to services rendered by you while acting as a practitioner of foreign law in British Columbia; and
  
  
• the non-refundable permit application fee of $672 ($600 + HST).

If any documentary evidence in support of your application is, in its original form, in a language other than English, you must submit with it an English translation authenticated by a qualified translator.

On applying for a permit to act as a practitioner of foreign law, you must provide evidence that you are a member of the legal profession in one or more foreign jurisdictions, are not suspended or disbarred and have not otherwise ceased, for disciplinary reasons, to be a member of a governing body or of the legal profession in any foreign jurisdiction: see Law Society Rule 2-18(2).

In most cases, an official certificate of good standing issued from the law society or governing legal body of which you are a member will be adequate. The certificate should detail your professional standing history, including any disciplinary proceedings, outstanding complaints or bankruptcy proceedings.

A practitioner of foreign law has a continuing obligation to maintain his or her membership in good standing in the legal profession of any foreign jurisdiction in which the practitioner is licensed to practise law as long as he or she holds a permit to act as a practitioner of foreign law. If the practitioner ceases, for any reason, to be in good standing, the permit automatically ceases to be valid: see Rule 2-18(6).

A practitioner of foreign law who is issued a permit has a continuing obligation to inform the Law Society immediately if he or she is the subject of criminal or professional discipline proceedings or ceases to be a member in good standing of the legal profession in any jurisdiction.

On applying for a permit to act as a practitioner of foreign law, you must provide evidence that you are a person of good character and repute: see Law Society Rule 2-18(2).

To meet this requirement, you must file two Certificates of Character attesting to your good character and repute. The certificates must be completed by members of the Law Society of BC or of the legal profession in a jurisdiction in which you are qualified to practise law.

As part of your application, you must provide evidence that you carry professional liability insurance or a bond, indemnity or other security that is comparable in form and amount to that required of BC lawyers under Law Society Rule 3-21(1) and that specifically extends to your services as a practitioner of foreign law while acting as such in British Columbia: see Rule 2-18(2).

In British Columbia every member of the Law Society must participate in a compulsory professional liability insurance program. The program provides coverage in the amount of $1 million per occurrence, to an annual maximum of $2 million for all errors reported during the year. The coverage extends to any negligent act, error or omission of the member or any other person or entity for whose acts, errors or omissions the member is legally liable in rendering or failing to render professional services for others in his or her capacity as a member of the Law Society.

A practitioner of foreign law has a continuing obligation to maintain professional liability insurance as long as he or she holds a permit to act as a practitioner of foreign law. If the insurance lapses or is cancelled, the permit automatically ceases to be valid: see Rule 2-18(6).

A practitioner of foreign law who is issued a permit has a continuing obligation to inform the Law Society of the cancellation of, or any significant change to that liability insurance coverage.

In the permit application, you must undertake that, if permitted to act as a practitioner of foreign law in BC, you will submit to the jurisdiction of the Law Society of BC and will comply with the Legal Profession Act , Law Society Rules and Professional Conduct Handbook .

The permit application includes a "declaration of applicant." The declaration must be made before a person described in s. 63 of the British Columbia Evidence Act, R.S.B.C. 1996, c. 124.

The Executive Director of the Law Society may attach conditions to a permit to act as a practitioner of foreign law. The conditions must have been authorized by the Credentials Committee: see Law Society Rule 2-18.

A permit issued to a practitioner of foreign law is, subject to two exceptions, valid for one year from the issue date shown on it: see Law Society Rule 2-18(5).

The permit ceases to be valid if the practitioner of foreign law:

• is suspended under Part 4 of the Legal Profession Act and Part 4 of the Law Society Rules (as a result of disciplinary proceedings or a failure to meet standards of financial responsibility or upon conviction for an indictable offence); or
  
  
• ceases to comply with any of the requirements imposed under Part 2 of the Law Society Rules.

A practitioner of foreign law holding a valid permit may provide legal services in British Columbia respecting the law of the jurisdiction in which he or she is fully licensed to practise law, and respecting trans-jurisdictional or international legal transactions: see Law Society Rule 2-19.

A practitioner of foreign law must not provide advice respecting the law of British Columbia or another Canadian jurisdiction, or deal in any way with funds that would, if accepted, held, transferred or otherwise dealt with by a lawyer, constitute trust funds, except money received on deposit for fees to be earned in the future by the practitioner.

The "practice of law" is defined in section 1 of the Legal Profession Act .

In accordance with this definition, a practitioner of foreign law is not permitted to appear as counsel on behalf of a client before any British Columbia or federal court or administrative tribunal, is not permitted to advise a client about the law of British Columbia, and is not permitted to draft, revise or settle documents, or perform any of the other functions described in s. 1 of the Act, insofar as they relate to the practice of British Columbia law.

A practitioner of foreign law who engages in any activity encompassed by the definition of "practice of law" in s. 1 of the Act, other than providing legal services respecting the law of the jurisdiction in which the practitioner is fully licensed to practise, or respecting trans-jurisdictional or international legal transactions, is engaged in the unauthorized practice of law and is liable to prosecution or to injunction proceedings by the Law Society.

Yes. A practitioner of foreign law is required to comply with the Legal Profession Act , Law Society Rules and Professional Conduct Handbook.

Part 2 of the Law Society Rules includes requirements that the practitioner of foreign law not deal in any way with funds that would, if accepted, held, transferred or otherwise dealt with by a lawyer, constitute trust funds, except money received on deposit for fees earned in the future by the practitioner of foreign law.

A practitioner of foreign law who engages in any marketing activity must comply with Chapter 14 of the Professional Conduct Handbook. Chapter 14 generally entitles the practitioner to use any medium of communication to undertake or authorize any marketing activity that is factual, accurate and verifiable and that maintains a high standard of professionalism.

Chapter 14 limits the types of representations that may be made, prescribes the circumstances in which a statement of fees for specific legal services may be published, restricts the circumstances in which a "preferred area of practice" may be stated and prevents use of the title "specialist" or any similar designation suggesting a recognized status or accreditation.

Pursuant to Law Society Rule 2-21, a practitioner of foreign law who is not a member of the Law Society of BC must, when engaged in any marketing activity as defined in the Professional Conduct Handbook, Chapter 14, Rule 2:

• use the term "practitioner of foreign law;"
• state the foreign jurisdiction in which he or she holds professional legal qualifications, and the professional title used in that jurisdiction; and
• not use any designation or make any representation from which a recipient might reasonably conclude that the practitioner is a member of the Law Society of BC.

A practitioner of foreign law who is a member of a British Columbia law firm may be shown on the firm's letterhead if he or she is clearly designated as a practitioner of foreign law.

You must apply to the Law Society for a renewal of your practitioner of foreign law permit before the permit expires: see Law Society Rule 2-22. The renewal application must include:

• a completed permit renewal application form, including a written consent for release of relevant information to the Society;
• evidence that you continue to comply with the requirements set out in Law Society Rule 18(2); and
• the permit renewal fee of $140 ($125 + HST).

If you have any questions regarding a permit to act as a practitioner of foreign law, please contact:

Member Services
Law Society of British Columbia
8th Floor, 845 Cambie Street
Vancouver, BC V6B 4Z9

Tel.: 604 605-5311
Toll-free in BC: 1-800-903-5300
Fax: 604 687-0135
Email: memberinfo@lsbc.org