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12 J U N E / J U L Y 2 0 1 8 w w w . C A N A D I A N L a w y e r m a g . c o m \ AT L A N T I C \ C E N T R A L \ N O RT H \ W E S T REGIONAL WRAP-UP W E S T I t used to be you phoned a lawyer, booked an appointment, went to her office and told her about your problems. A retainer was arranged, advice was given, paper was pushed and (sometimes) it all ended satisfac- torily. A lot of people, including lawyers, entrepreneurs and especially entre- preneurial lawyers, are looking at less costly, less formal and swifter ways of delivering legal services not just to indi- viduals but also to huge corporations. The Law Society of Alberta, which has been collaborating with the other law societies on the Prairies, says it wants "to keep the profession relevant in a rapidly changing marketplace." In a recent news release, it says, "Our goal is to find better ways to support lawyers who want to innovate in legal service delivery." And it is looking for new legislative tools to do just that. A random, abbreviated list of poten- tial technological innovations includes law firms owned and operated by people other than lawyers, counter-top legal services in big department stores, fully online legal service, banks, finan- cial institutions and real estate firms providing front-line legal services and a bigger role for paralegals. "Are these the right solutions? Maybe and maybe not," says Don Thompson, executive director of the law society. But, he adds, "Currently, under the act, we don't have the ability to regulate [most of] these types of innovative legal delivery service models. We only have the ability to regulate law firms." Jason Morris, an Edmonton-area lawyer and legal tech expert, raises just one of a plethora of impending and complex issues surrounding the inter- section of regulation and innovation. "If you can automate certain kinds of legal services previously provided by a law- yer, are you automating the 'practice of law'? And if you are, who is 'practising' and if they are not a lawyer, can they be prohibited from doing it?" It is those kinds of conundrums that caused the law society to spend almost a year touring the province, talking to big and small practitioners about change. The outcome is a series of proposed additions and deletions to the Legal Profession Act. But now the province says it has run out of legislative time and has "other priorities" before the mandated provincial election coming no later than May 2019. "We are disappointed," says Thomp- son, but he adds that the society is determined to keep working on change. And, presumably, it will get changes through the legislature no matter what party is in power. — GEOFF ELLWAND B.C. LAW FIRMS HOPE TO HELP GOVERNMENT AGENCIES COLLECT C an law firms help governments recoup owed money? The short answer is that they are already doing so, while the long answer is more complex as collections can be inter-jurisdictional, lacking in effective collection mech- anisms and just plain frustrating. News that the B.C. Securities Commission has $478 million outstanding in pen- alties and fines isn't unique. Security com- missions across Canada are facing similar challenges, as hucksters bilk investors and regulators scramble to find ways — often using law firms — to recoup fines and penalties, says lawyer Doug Muir, BCSC director of enforce- ment. In B.C.'s case, 75 per cent of the fines and penalties outstanding relate to 11 cases. "The amount is comprised of two types of penalties, administrative penalties and dis- gorgement orders because of misconduct. About 50 per cent approximately is from the disgorgement orders," he says. Muir says the BCSC has used Lawson Lun- dell LLP to recoup funds for the past 10 years. "We have an excellent working relationship," he says, relying upon the firm's expertise in collections. But BCSC is also looking at proposals from two other law firms, which came forward after the outstanding figures were published. Proposals came from Cassels Brock & Blackwell LLP, which was unavailable for comment, and Gowling WLG (Cana- da) LLP, which has proposed a one-year pilot and has worked with the Ontario Securities Commission and the Investment Industry Regulatory Organization of Canada Commission, recovering $650,000 in a few months. (Gowlings, in an email statement, said it would not comment.) "The two law firms have reached out to us," Muir says, adding there is noth- ing definite but that the BCSC has a public duty to examine proposals "to see if Alberta law society's bid to modernize hits roadblock Doug Muir

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