The Law Society of Saskatchewan has released a new episode of its Legal Skies podcast, outlining the ongoing changes to legal education in Canada, as well as the impact that the COVID-19 pandemic has had and will have on education and training. The podcast features Dr. Kara Mitchelmore of the Canadian Centre for Professional Legal Education (CPLED), and features discussion about the new practice readiness education programme, as well as ongoing issues around remote learning and assessment.
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.
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.
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.
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.
|Law Society of Saskatchewan|
|Regulatory function: The Law Society of Saskatchewan is the regulator of admission, practice and discipline in Saskatchewan.|
Saskatchewan in the IBA Regulators Directory
Law Society of Saskatchewan website
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This article examines Canadian lawyer regulation in light of the global trends challenging regulators worldwide. It explains why it is important for Canadian lawyers, regulators, clients, and other stakeholders to be aware of these global trends. The article also addresses the issue of whether these trends matter in a jurisdiction such as Saskatchewan that is not a global financial center on the order of New York, London or Toronto. The answer the article provides is “yes” – these trends are relevant to Saskatchewan and to jurisdictions throughout the world that care about lawyer regulation.
Terry, Laurel S., Trends in Global and Canadian Lawyer Regulation (2013). 76 Saskatchewan L. Rev. 145 (2013); Penn State Law Research Paper No. 24-2013. Available at SSRN: http://ssrn.com/abstract=2260560
This article was also presented at the 2016 International Conference of Legal Regulators.
Session title: Rethinking the application of technology to regulatory work
This discussion paper focusses on entity regulation, compliance-based regulation, and alternative business structures. It reviews experiences in Canada, Australia, England and Wales, and the United States of America.
The paper suggests that there is a gap between the regulatory frameworks of the three states and the requirements of the current legal services market.