The Law Society of BC

Unauthorized practice and public protection

Under the Legal Profession Act, the Law Society of BC is responsible for licensing lawyers and regulating the practice of law.

The Law Society also has responsibility under the Act to take action against non-lawyers who illegally offer legal services or misrepresent themselves as lawyers: see sections 1, 15 and 85 of the Legal Profession Act. This responsibility exists for protection of the public.

Members of the public can risk serious legal and financial consequences by entrusting legal matters to unregulated non-lawyers. Non-lawyers lack the education necessary to give legal advice or perform legal services. They are not subject to ethical and practice standards or other regulatory requirements and do not carry errors and omissions insurance or trust protection coverage.

The scope of unauthorized practice is set out in sections 1 and 15 of the Legal Profession Act. Non-lawyers engage in unauthorized practice when they perform or offer to perform legal services for members of the public for a fee. Examples include preparing separation agreements or divorce papers, incorporating companies or drafting wills and probate documents or appearing or offering to appear as counsel before a court or an administrative tribunal. Non-lawyers are also prohibited from falsely identifying themselves as lawyers.

There are a limited number of exceptions in which non-lawyers can perform legal services for a fee: see sections 1 and 15 of the Act. For example, the provincial Notaries Act allows non-lawyer notaries public in BC to provide certain services, primarily with respect to wills and real estate. Such notaries are regulated by the Society of Notaries Public of BC.

Recently the courts have determined that the federal Immigration Act permits non-lawyers to give legal advice and appear in hearings and on certain types of immigration matters. While a new regulatory agency has since been created, regulation is not mandatory for all immigration consultants.

The Law Society's process

When the Law Society receives a complaint of unauthorized practice, it will review the information and investigate. If the facts show there is unauthorized practice, the Society will explain the restrictions that apply to the practice of law and will ask the non-lawyer to refrain from any activity that is unauthorized practice. Usually this step is sufficient. When it is not, the Society has statutory authority to seek a court injunction.

The Law Society publicizes undertakings and court actions to ensure the community understands this aspect of the Society's mandate, and also to gain the assistance of lawyers and members of the public in recognizing new or recurring unauthorized practice.

This work is overseen by the Unauthorized Practice Committee.

If you have a concern about possible unauthorized practice, please email the unauthorized practice program or see Contact Us for the Law Society office address and telephone information.