Alternate Delivery of Legal Services Presentation to Pro Bono Stakeholders Roundtable Susan V.R. Billington QC November 4,

Issues  Access to the Justice System  Consumer or citizen protection  Public and legal profession impacts  Definition of the practice of law  Lack of information 2

Research  Ipsos Reid General Consumer Survey  Ipsos Reid Legal Profession Survey  Industry Profile – empirical and statistical profile  Inventory of regulated professions and occupations  Definition of the practice of law and scope of practice research 3

Some of the industry profile data confirmed our assumptions, such as:  The non-lawyer legal services marketplace is mostly unregulated.  There are no standards of education, insurance, code of professional conduct or other client protections in place.  There are instances that the public is placed at risk due to the unregulated nature of non-lawyer legal service delivery. 4

Surprises in research:  The number of independent non-lawyer agents providing legal services has seen tremendous growth in the past decade (230%).  Alberta has the largest per capita non-lawyer legal service industry in Canada.  Legal services market already occupied by non-lawyers.  There is a very wide variety of legal services already provided to the public by non-lawyer agents for a fee. 5

Surprises continued:  The unregulated non-lawyer legal services industry has grown in Alberta due to more stringent regulatory environments in B.C. (unauthorized practice of law) and Ontario (paralegal regulation).  Alberta is the only province not to have a definition of the practice of law in the provincial statute. 6

Overall perspective on research outcomes  Situation is different than we thought as there is already a substantial non-lawyers legal services marketplace in Alberta.  Regulated through general consumer protection laws.  There is a lack of definition of the practice of law. 7

Consumer Protection – principles  ADLS project framed as an access to justice/access to legal services initiative.  Research shows there is already a robust non-lawyer marketplace.  Consumer protection is not the problem the LSA was asked to address. 9

Consumer protection – principles continued  Consumer choice a key aspect.  Role of LSA – protect the public when engaging a lawyer not to protect public from freely made consumer choices.  A better definition of the practice of law will aid in this. 10

Consumer protection - principles  Distinguish those services only lawyers can provide.  Positive effect on UPL.  Members of public will better understand what to expect from each.  If non-lawyer services chosen, public better informed of risks. 11

Recommendations:  Definition of the Practice of Law  Access to Justice/Legal Services focus 13

Definition of the Practice of Law  A definition should be developed in accordance with the key principles.  Assessment of areas to be included based on risk of harm to the public.  Amendment subject to legislative priorities of the government.  Sample definition. 14

Access to Justice/Legal Services focus  Lower income Albertans (under $50,000) have different experience in legal service delivery.  Poverty law/Family law areas - high need.  Independent non-lawyer legal service delivery not servicing this area of need – market driven.  Paralegals under the supervision of a lawyer may provide cost-efficient delivery system to low-income clients. 15

Supervisory Model  Rules already in place.  Undertaken by law firms in many practice areas where economically feasible to do so.  Room for expansion of the supervisory model to service low income Albertans in areas of high need – government, LAA, not-for-profits. 16

Roles of Law Society  Many project and program ideas – outside mandate of LSA as regulator.  LSA can influence and network with stakeholders.  Facilitate, encourage and support supervisory projects/program development. 17

Program development examples  LAA – Legal Services Centre Model  Student Legal Services – Family Law Chambers Project  Community Advocates program in B.C.  Amici Curiae Pro Bono Paralegal Program 18

Discussion 19