Providing legal services in BC
For lawyers who wish to practise temporarily in BC, you will be considered to be providing legal services in BC if:
- you perform professional services for others as a barrister or solicitor with respect to or relying on the laws of BC or the laws of Canada applicable to BC; or
- you give legal advice with respect to the laws of BC or the laws of Canada applicable to BC.
This means that you could be practising law in BC whether or not you are physically in the province. For example, if you are giving legal advice with respect to the laws of BC on the telephone, by email or through correspondence from a province outside of BC, you are considered to be practising law in BC. You must therefore keep track of all of these activities.
It also means that you are providing legal services in BC if you do so with respect to the laws of Canada applicable to BC. For example, lawyers employed by the Government of Canada who perform professional services as barristers or solicitors or give legal advice with respect to or relying on the laws of Canada applicable to BC are subject to Law Society Rule 2-10.2. So are lawyers who practise law on an occasional basis for a single employer (corporate counsel).
You will not be considered to be practising law in BC for the purposes of the Law Society Rules if you perform professional services or give advice solely on the law of another province.
In addition, you will not be required to include in your calculation of the 100 days any time spent practising law as counsel in a proceeding in:
- the Supreme Court of Canada;
- the Federal Court of Canada;
- the Tax Court of Canada;
- a federal administrative tribunal;
- a service tribunal within the meaning of the National Defence Act ( Canada ); or
- the Court Martial Appeal Court of Canada.
Time spent preparing for the court or tribunal appearance, or otherwise furthering the matter, also need not be counted.