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2004: No. 1 January-February
Table of contents
Benchers will look at expanding paralegal
functions in law firms, but will not pursue certification
After considering a report from the Paralegal Task Force on November 7,
2003, the Benchers have decided against pursuing a Law Society
certification program for paralegals at this time. The Benchers will
instead ask the Task Force to review Chapter 12 of the Professional
Conduct Handbook to consider whether paralegals working under lawyer
supervision should be permitted to perform expanded functions and, if so,
to consider defining those paralegals who would be entitled to perform
such functions.
| The Task Force's Report to the Benchers on Paralegals summarizes the consultations about paralegals undertaken with the courts, various administrative bodies and the legal community, including a survey of over 600 paralegals working under the supervision of BC lawyers. Those survey results reflect a very high level support for a Law Society certification program, with over 90% of respondents indicating they would apply for certification under a program proposed by the Task Force. |
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Reporting to the Benchers in November, Vancouver Bencher Robert Gourlay,
QC said that Task Force members were divided on whether a certification
proposal should proceed. Pivotal issues were whether there was a public
interest reason for such a scheme, the cost and the most appropriate
certifying body. The position of the Ministry of Attorney General was that
the Law Society lacked the jurisdiction to certify paralegals, and the
Task Force believed it would prove difficult to obtain the necessary
authority.
Of the options outlined by the Task Force, the Benchers declined to
pursue the option of paralegal certification. They instead asked the Task
Force to review Chapter 12 of the Professional Conduct Handbook to
consider whether paralegals should be permitted to perform new functions
under the supervision of lawyers. In that context, the Task Force will
also consider whether to define the paralegals who would be entitled to
perform such expanded functions.
In endorsing a review of Chapter 12, several Benchers acknowledged the
importance of helping lawyers remain competitive by taking advantage of
appropriate delegation to paralegals.
On the issue of independent paralegals, the Task Force pointed out that
the unauthorized practice provisions of the Legal Profession Act
already prohibit independent paralegal practice in BC. Exceptions exist
for notaries public, immigration consultants and - once Bill 37 (Skills
Development and Labour Statutes Amendment Act) comes into effect -
workers compensation consultants.
In the view of the Task Force, independent paralegal practice could not
be in the public interest without paralegals being required to attain a
high standard of competency through a combination of formal education,
testing and experience or without appropriate regulation, insurance and
defalcation coverage. Even then, allowing independent paralegals could
lead to a two-tiered justice system and be misleading and unfair to the
public.
The Benchers resolved to reiterate to the provincial government their
concern about Bill 37. That Bill, which has passed third reading,
introduces legislative amendments that will allow unregulated lay
advocates to represent parties in workers compensation hearings, including
non-unionized injured workers. While opposing this approach, the Society
will offer its expertise to assist government in developing an appropriate
regulatory scheme to help protect the public.
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