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Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
Satisfied Customers: 101384
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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Regarding: British Columbia's Legal Profession Act (LPA)

Customer Question

Regarding: British Columbia's Legal Profession Act (LPA)Term: Practice of lawIssue: Can a person with no legal certification give assistance for a fee if they are supervised, on a part time basis, by lawyer?It states under Section 15 under the LPA "(1) No person, other than a practising lawyer, is permitted to engage in the practice of law, except (d) an individual or articled student referred to in section 12 of the Legal Services Society Act, to the extent permitted under that Act,"The wording on that act is that: Persons providing legal services
12 Despite the Legal Profession Act, the society or a funded agency may employ, with or without remuneration, an individual who is not a lawyer or an articled student to provide services that would ordinarily be provided by a lawyer so long as the individual is supervised by a lawyer, but the individual may not appear as counsel in a court except with leave of the court.Question: So could a incorporated company whose director is not a lawyer, hire a lawyer to supervise the company on a part time basis? Would this conform to the Legal Services Society Act and/or the Legal Professions Act?
Submitted: 1 year ago.
Category: Canada Business Law
Expert:  Legal Ease replied 1 year ago.

Thank you for your very interesting question.

What would the corporation do exactly?

Customer: replied 1 year ago.
The corporation deals with tenancy issues under the Residential Tenancy Act.In the Residential Tenancy Act there is an allowance for individuals to assist Landlords and Tenants. These individuals can be lawyers, advocates, and agents. The act does not require persons to be a lawyer to assist someone in their entire process. I have attached a procedural guideline for the Residential Tenancy Branch (RTB). The key point in it is the following statement"Some advocates are community based legal advocates who have specialized training in residential tenancy laws and Residential Tenancy Branch procedures."I take this to mean, when flipped, that most are in other type of services which allow for non-lawyers to represent and do the entirety of the case on the behalf of a person.Our services have in our contract and representation agreement that we are not lawyers or agents for the RTB. That our services do not provide legal advice.The paid services we do provide are the following;
1. Filing applications on the behalf of another person
2. Collecting evidence for that person(s)
3. Speaking to witnesses and having them write a signed statement (We do not provide affidavits).
4. Attempting to resolve the issue with the disputed parties and if a settlement is reached provided them with contract (Lawyer supervised).
5. Canceling notice to end tenancy by having the Landlord write a withdrawal notice or sign a withdrawal notice. (Lawyer supervised).
6. Adding an addendum to a contract (Lawyer supervised).
7. Present the case to the RTB on the behalf on a client during a phone hearing with an arbitrator.
8. Providing free/paid phone help service exactly like the RTB and TRAC by informing tenants of the RTA.
Expert:  Legal Ease replied 1 year ago.
In my view number seven and eight are not something that you should consider doing without confirming that it is OK.You may be said to be practicing law. The other items are perfectly fine my view at least.I suggest that you contact the law society and run this by them and see what they think. I suggest getting an opinion in writing from them as to whether not you may proceed with breaching the Act.
Expert:  Legal Ease replied 1 year ago.
Does that answer your question fully?Please feel free to post back with any follow-up questions that you may have. If you feel that we are done I hope that I have earned a five star rating. However, if you feel that I have not earned this then please do not hesitate to post back and let me know how I can better assist you. Finally, please know that even after you rate me I will be here for you and if you think of follow-up questions later on you can ask them without any further charge.
Customer: replied 1 year ago.
Perhaps if you can transfer me to someone else who could provide a more clear answer to my question. I would prefer to have some sort of reference material as in previous judgements and other decisions made on the matter.