Canadian Bar Association launches programme to demystify tech

The Canadian Bar Association (CBA) has opened registration for a series of lectures on digital literacy in the law. The aim is to equip legal practitioners with the digital skills to ensure that both their and their clients’ personal information is being properly handled and secured in a digital environment. The programme has been launched in light of the increase in the use of innovative technologies in law firms, as well as the increasing likelihood of virtual courtrooms and hearings.

Topics covered by the sessions will include

  • Protection of technology and the risks of downplaying cybersecurity
  • cyber resilience in lawyers and law firms
  • digital authentication

Read the Bar Association’s announcement on the programme.

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Law Society of Ontario to allow online examinations

The Law Society of Ontario has announced that they will allow their June Barrister and Solicitor exams, and their July Paralegal exams to take place online in response to the ongoing COVID-19 crisis.

CEO Diana Miles has said: “The Law Society is confident that the new online delivery model will continue to ensure entry-level competence which is in the public interest. This will also provide candidates with an opportunity to fulfil the requirements of the licensing process during this unprecedented crisis.”

For more information see the full article on the Law Society of Ontario site.

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More regulatory responses to COVID-19

Following on from last month’s newsletter, we’ve put together the following list to examine different regulator responses to the COVID-19 pandemic. Here it is interesting to note the development and changes, as regulators begin to get a grasp on the crisis and develop innovative responses to meet the changing environment. If you have any questions or best practice for the rest of the ICLR community, please do get in touch, and we will be happy to include any of these in the next newsletter.

Illinois has introduced executive order 2020-14, this satisfies notarial requirements that a person must “appear before” a notary public if a two-way audio-video connection is used. It also allows documents to be witnessed through the same technology.


The Law Society of New South Wales has decided to run it’s annual Law Careers Fair as an online event, rather than cancelling it. The event will use zoom to create virtual presentations, with individual video booths and company landing pages replacing exhibitor booths. More information about the event is available here. The Society has also decided to reduce its $410 membership fee to $10, for the 2020-2021 period, allowing members to redirect funds to priority areas during the crisis.


The Law Society of Hong Kong has announced that civil hearing will take place remotely, with all other non-essential court hearings currently adjourned.


The Legal Sector Affinity Group which is made up of all the legal supervisory authorities in the UK, including the Law Society, Bar Council, CILEx, and the Law Society of Scotland, has released an advisory note on preventing money laundering during the crisis. The note discussed the increased risk of money laundering at the current time and what checks can be put in place to mitigate this.


The Council for Licensed Conveyancers in England and Wales is to allow members to defer fee payments, following the near-complete standstill in the UK property market. Members will be given the option to defer paying their practice fee and compensation fund contributions for April, May and June, which can be paid off over the following 4-12 months.


The California State Bar Board of Trustees has written to the California Supreme Court offering options and recommendations for the June First-Year Law Students’ Exam and the July Bar Exam. Full letter available here. Whilst the State Bar of Califonia has put in place emergency measures waiving late payment fees, as well as extending payment deadlines for membership fees and compliance deadlines.


The Law Society of Ontario has cancelled the lawyer licensing examinations and the call to the bar ceremonies due to take place in June. The society has said that alternative summer/autumn examination dates are being explored and that the administrative aspect of the call to the bar process is being undertaken remotely, allowing students to progress with their careers, with a celebration planned later in the year.


The Law Society of Saskatchewan and the Law Society of Alberta have temporarily reduced the articling requirements to a minimum of 8 months, instead of the previous minimum of 12 months, preventing a backlog of articling students due to limits created by coronavirus. Full statements available here and here. The Law Society of Alberta has also introduced changes allowing articling students to work remotely, as well as giving instructions on the supervision students doing this.


The American Bar Association has created a “Task Force on Legal Needs Arising Out of the 2020 Pandemic”, which launched a website on the 3rd of April to provide resources and information on the ongoing crisis and how this relates to the law. Statement available here, website available here. The ABA has also backed calls to adopt emergency rules that would allow recent and upcoming law school graduates who cannot take a bar exam because of the COVID-19 pandemic to engage in the limited practice of law, under the supervision of a licensed attorney, these individuals would have until the end of 2021 to practice without passing the bar exam. They hope this would limit the disruption to students careers, and help prevent the widening of the access to justice gap.  Full statement available here.

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Regulatory responses to COVID-19

We’ve put together the following list to examine different regulator responses to the COVID-19 pandemic. If you have any questions or best practice for the rest of the ICLR community, please do get in touch, and we will be happy to include any of these in the next newsletter.

The Nederlandse Orde Van Advocaten has released a table of all responses to the pandemic that affect those working in the sector, including alternative methods for filing claims, and updates on court closures. Link available here.

The ABA has set up a task force to help Americans and those working in the profession cope with the repercussions of the pandemic, helping to identify areas of need and mobilise volunteer lawyers. Link available here.

The Bar Council of England and Wales has collated all advice on practice and legal aid into one guide, providing an overview of best practice response to the virus for practitioners.  Link available here.

The Victorian Legal Services  Board has published updated CPD guidelines to reflect the challenges presented in attending CPD sessions for lawyers under the current circumstances. Link available here.

The Canadian Bar Association has opened up pandemic planning resources to the profession, as well as releasing a podcast to help practitioners prepare. Link available here.

The SRA have now said that they will allow individual providers to decide how to carry out assessments for Qualifying Law Degrees and the Graduate Diploma in Law. With regards to the Legal Practice course, they have said that course providers may choose how to assess elective courses, and have relaxed the supervision rules for core subjects. Full statement available here.

The Bar Standards Board have decided to cancel upcoming April examinations, with students being asked to wait until the next examination session in August. They are undergoing discussion as to how this will affect pupillage requirements, as the later assessment date, and inability to complete Inns of Court sessions will leave many students unable to demonstrate the necessary requirements to begin a pupillage. Link to statement available here.

Pennsylvania State Governor Tom Wolf has mandated that all law firms and other legal services close their physical offices, in order to limit the spread of the virus. Link available here.

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Law Society of Saskatchewan amends Legal Profession Act to expand access to legal services

The Law Society of Saskatchewan has announced amendments to the Legal Profession Act, 1990, effective from 1 January 2020. The Law Society is an independent regulator with the core mandate of the protection of public interest.

In 2017 the Law Society and the Ministry of Justice established the Legal Services Task Team, comprised of lawyers, member of the public and other non-lawyers working in legal services, as part of the strategic plan to increase access to legal services. The task team was asked to explore the possibility of non-lawyers being allowed to provide low-risk legal services.

The team’s recommendations included clarifying the definition of the practice of law, and identifying what constituted unauthorised practice of law; expanding the list of exemptions to the unauthorised practice provisions; and creating limited licenses that may be granted by the Law Society on a case-by-case basis.

Amendments to the Act which have been introduced include:  a clearer definition of the practice of law and allowing limited licensing, the first example of this approach in Canada. The Law Society of Saskatchewan Rules were also amended to include an expanded list of exemptions to unauthorised practice. The Law Society is attempting to identify further groups and individuals providing limited legal services, who are not lawyers, that may not fall neatly within the new list of exemptions.

The Society is hoping to encourage low-risk providers to self identify to be considered for exemptions, especially as the Society has historically not pursued low-risk providers. The Society feels that self-identification will allow for more effective management and regulation of such providers.

Further information about the reforms is available here.

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Alberta, Manitoba, Nova Scotia and Saskatchewan to launch new skills course with CPLED

A new skills course designed by the Canadian Centre for Professional Legal Education (CPLED) will be launched for articling clerks in Alberta, Manitoba, Nova Scotia and Saskatchewan. The course, known as The Practice Readiness Education Program or PREP is designed to equip students with the necessary practical skills to pursue a career in law in the future.

The PREP course is designed to run over nine months, with two intakes per year, and is broken down into four sections:

  • Foundation modules (5 months) – online modules providing a foundation in all CPLED competencies including Lawyer Skills, Practice Management and Professional Ethics and Character. (More detail on the foundation modules is available here)
  • Face-to-face foundation workshops (5 days) – face-to-face workshops that include role-playing in the areas of interviewing, negotiating, and advocacy
  • Virtual firm one-month rotations (3 months) – rotations working in a virtual law firm, testing previous training, tasks will include  interviewing simulated clients within a learning management system, allowing assessors to track progress
  • Face-to-face Capstone (4 days) – the final assessment in the program requires students to participate in a face-to-face simulated matter, which will test all the skills developed throughout the program, combined with a final reflection piece

The program is designed to be taken after students have completed their formal legal education and in conjunction with their articling.

Further details about the PREP are available here and here.

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FLSC launches anti-money laundering and terrorist financing risk advisory for the legal profession

The Federation of Law Societies of Canda (FLSC) has launched a series of risk advisories and risk assessment case studies, designed to help legal professionals adapt to the new anti-money laundering rules. The rule changes are based on an FLSC model rule and have been adopted by Nova Scotia, Alberta, Saskatchewan and British Columbia. The new rules particularly focus on client identification and verification.

 

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Practising As a Lawyer in a Partnership and Multidisciplinary Practice in Québec: Progress and Prospects

Abstract

The regulatory framework relating to the legal professions in Québec reached a turning point in the 2000s, following the adoption of the Règlement sur l’exercice de la profession d’avocat en société et en multidisciplinarité. More than a decade later, this article examines the negotiation surrounding the drafting of the Règlement, and the various arguments put forward by the Barreau du Québec and other professional corporations to justify its adoption. Data from the registre des entreprises are then used to examine the extent to which Quebec law firms have taken advantage of the diverse legal options at their disposal to organize their activities.

Citation
Paquin, Julie, Practising As a Lawyer in a Partnership and Multidisciplinary Practice in Québec: Progress and Prospects (L’exercice de la profession d’avocat en société et en multidisciplinarité au Québec : bilan et perspectives) (september 1, 2017). Les Cahiers de droit, Vol. 58 (3), 2017, 383-607 .

Available from the SSRN site.

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Law Society of Ontario approves AML amendments

In November 2019 the Convocation (Board of Directors) of the Law Society of Ontario approved in principle amendments to by-laws designed to combat money laundering and terrorist financing. The amendments which build on existing regulation include:

  • a requirement that licensees identify and record the source of client funds for a transaction
  • clarification with respect to the amount of cash that a legal professional can receive in respect of any one client matter
  • changes to the requirements and processes for identifying and verifying the identity of individual and organizational clients
  • new requirements to engage in ongoing monitoring of the business relationship with the client, including assessing whether there is a risk that the legal professional may be encouraging fraud or illegal conduct
  • introduction of a new Trust Accounting Model Rule to explicitly prohibit the use of a trust account for a purpose unrelated to the practice of law.

The law society has issued a guidance document, available here, to assist licencees on their obligations.

For further information about the changes click here.

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Law Society of Ontario technology task force releases initial observation report

In November of 2019, the Law Society of Ontario’s technology task force released their initial observations and  recommendations over future regulatory approaches to tech and how it could appropriately facilitate access to justice.

The Technology Task Force has been established with the aim of reviewing the Law Society’s regulatory mandate, framework, and standards to determine whether they will adequately serve the public in the light of the changes tech is leading to in the legal sector.

The task force has recognised the need to act immediately to foster innovation and has recommended enhancing professional guidance in order to do this.

The full report is available here.

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