Practice Coverage Network

The Practice Coverage Network (PCN) is a resource designed to help lawyers find temporary practice coverage, whether for a leave, a sabbatical, a vacation, or a time for reflection and wellness. Lawyers can create profiles listing their practice areas, availability, and geographic location, making it easier for others to find the right temporary coverage. The PCN is accessible through the Member Portal, with additional resources available publicly on the Law Society website.

Please note that it is up to the lawyer seeking coverage to determine whether the covering lawyer is a good fit for their practice – lawyer profiles listed on the PCN have not been vetted by Law Society staff. The Law Society accepts no responsibility for any errors made by either the covering lawyer or the lawyer seeking coverage.
 

A covering lawyer is a lawyer licensed to practice in British Columbia who provides temporary legal services on a contract basis. Instead of working full-time for one firm or managing their own practice, covering lawyers step in to cover another lawyer's practice, whether for a few days, weeks, or months. Covering lawyers can handle cases, client communications, and day-to-day operations, ensuring that legal services continue smoothly while the primary lawyer is away.
 

There are many reasons you might hire a covering lawyer, including:

• Taking maternity or parental leave: To maintain your practice while you take time away from work to recover or to spend time with a new member of your family.
• Booking time off for a vacation: To ensure clients are taken care of while you take a well-deserved break.
• Taking a break to care for yourself or others: Whether you're recovering from an illness or surgery, caring for a loved one, attending an in or out-patient program, or taking time to address personal issues as they arise is a key component of a maintaining a sustainable and successful legal practice.

To learn more about how work-related burnout impacts the legal profession, check out the National Study on the Health and Wellness Determinants of Legal Professionals in Canada, in particular section 1.3.
 

When practicable, clients must be notified of practice coverage prior to coverage commencing. If timing precludes such notice, then the covering lawyer is obliged to advise clients as soon as possible after the coverage begins.  

Becoming a covering lawyer offers flexibility and variety in your career. You can choose assignments that suit your schedule, gain experience in different practice areas, and build relationships with other lawyers. It’s also a great option if you’re transitioning between jobs, starting your own practice, or winding down your workload. It may also be beneficial for lawyers needing a more flexible work-life balance at certain points in their career.
 

To find a covering lawyer, log in to the Member Portal and navigate to the Practice Coverage Network. You can filter by practice area, location, and availability to connect with a lawyer who suits your needs. If you need assistance or have questions, there are resources on the Law Society website to guide you through the process.
 

It depends on the arrangement you agree upon with the covering lawyer. Some lawyers may work from your office to handle your day-to-day operations, especially if you have staff or specific systems in place. Others may prefer or be able to work remotely, depending on the nature of your practice. Discuss your expectations and needs with the covering lawyer to find a setup that works best for both parties.
 

Creating a profile is simple. Log in to the Member Portal and navigate to the Practice Coverage Network section. You’ll be prompted to enter your name, contact details, practice areas, availability, location and other details as you see fit. Once your profile is complete, it will be visible to other lawyers searching for temporary practice coverage. Remember to keep your profile up to date—quarterly reminder emails will help you stay current.
 

The Practice Coverage Network offers a range of resources, including checklists, sample contracts, and FAQs to guide you through the process of hiring or becoming a covering lawyer. Additionally, there are hypothetical scenarios to illustrate how contract arrangements might work in different practice areas. These resources are designed to help you make informed decisions and navigate any potential challenges.
 

When hiring a covering lawyer you must consider the ethical obligations you owe to your clients as set out in the Code of Professional Conduct (the “BC Code”), including honesty and candour, confidentiality and conflicts. You should, insure that you are in compliance with your ethical obligations and should specifically insure that there are no conflicts which might preclude the covering lawyer from acting on behalf of your clients. 

While you should be reviewing the BC Code, generally, specific Code rules you should be reviewing, considering and applying include the following (and their related commentaries):

• The duty of honesty and candour:
  • Code rule 3.2-2 - Competence, Honesty and candour
• The duty of confidentiality:
  • Code rule 3.3-1 - Confidentiality, Confidential information
  • Code rule 3.3-2 - Confidentiality, Use of confidential information
• The duty to avoid conflicts of interest:
  • Code rule 3.4-1 - Conflicts, Duty to avoid conflicts of interest
  • Code rule 3.4-10 - Conflicts, Acting against former clients
  • Code rules 3.4-17 through 3.4-22 - Conflicts, Conflict from transfer between firms and Law firm disqualification
  • Code rule 3.4-26.1 - Conflicts, Conflict with clients
• Undertakings (review any outstanding undertakings and take appropriate steps):
  • Code rule 5.1-6 - Undertakings
  • Code rule 7.2-11 - Undertakings and trust conditions

If you have any questions about your ethical obligations in these circumstances, you should contact a Practice Advisor.
 

Yes, covering lawyers are required to have professional indemnity insurance, just like any other practicing lawyer. If you’re hiring a covering lawyer, make sure to confirm that they have current coverage – in the event of an error during coverage, it is the covering lawyer’s responsibility to take the steps necessary to ensure indemnification.

There is also information on the Law Society website about professional indemnity insurance requirements and   how they apply to covering lawyers.
 

No. The Practice Coverage Network is specifically designed for temporary legal practice coverage. If you need assistance with administrative or support tasks, it may be best to explore other services or staffing solutions. However, some covering lawyers may be open to handling a broader range of tasks, so it’s always worth discussing your specific needs on initial contact or during the hiring process.
 

When hiring a covering lawyer, consider the following factors:

• Experience and competence: Look for a lawyer with relevant experience in your practice area and a good track record. If you use your trust account often, it is especially important to consider the covering lawyer’s experience with trust accounting.
• Availability: Ensure that their availability aligns with your needs, whether it’s for a short-term project or an extended absence.
• Compatibility: It’s important to choose someone who aligns with your practice’s values, as they will represent your firm and interact with your clients.
• References: Check their references to gain insight into their work ethic and reliability.
• Communication: Establish clear communication expectations and protocols to ensure a smooth collaboration.

Yes, a covering lawyer can be added as a signatory to your trust account. The covering lawyer must be a practicing lawyer and member of the Law Society of BC, per Rule 3-64. The process of adding a signature to your trust account is managed directly with your financial institution and generally involves both the lawyer seeking coverage and the covering lawyer visiting the branch to provide identification and complete the necessary paperwork.
 

The process may vary depending on your financial institution, but it is typically the same for adding signatories who are not members of the firm. However, you may want to confirm the specific requirements with your financial institution.
 

The process for removing a signatory is also managed through your financial institution. This typically requires notifying the institution and completing any necessary documentation. Make sure this step is completed promptly at the end of the contract to maintain control of your trust account.
 

When adding a covering lawyer as a signatory, it’s important to ensure:

• Experience: The covering lawyer has sufficient experience in your practice area, especially if it involves trust account-intensive work like real estate transactions.
• Location: The covering lawyer is geographically close, if physical cheque signing or inbranch visits are required.
• Financial status: The covering lawyer is not insolvent, as insolvent lawyers are restricted in operating trust accounts under Rule 3-51.

• Review your trust account policies and procedures with the covering lawyer to ensure they are familiar with your processes.
• Provide the covering lawyer with access to your electronic funds transfer platform if applicable, but ensure it is set up securely with their own login credentials per Rule 3-64.1.
• Document all trust account-related responsibilities and permissions clearly in your practice coverage agreement.

• The practice coverage agreement between the primary and the covering lawyers should clearly specify how the covering lawyer will be compensated, including whether remuneration will be at set rates and how frequently payments will be made.
• You can view a sample practice coverage agreement here.
• Consider section 3.6 of the Code - Fees and disbursements, in particular Code rules 3.6-5 through 3.6-7.

For questions about the Practice Coverage Network, you can contact the Law Society’s practice advisors. Information about Practice Advice and how to contact one of the practice advisors can be found here.