Canadian Lawyer

w w w . c a n a d i a n l a w y e r m a g . c o m S E P T E M B E R 2 0 1 8 19 questions to their accountant, which suggests the public would more easily use this channel. In its Futures Initiative, the CBA also acknowledged that some legal services will not require delivery under regulated standards in the future. Allowing non-lawyers to deliver legal ser- vices raises many issues. In B.C., where it is also wrestling with these issues, the Law Soci- ety of British Columbia's 2008 report entitled Towards a New Regulatory Model described how the time had come to look at potentially providing other groups the ability to deliver legal services. The policy direction took fur- ther shape in a 2013 background paper task force. The LSBC examined different models and concluded that non-lawyers should also be governed by the law society instead of some separate regulatory authority. Having one governing body would help develop consis- tent standards. However, having strategic partners developing these criteria would certainly speed the process along as well. The LSBC discussed what sort of education should be pro- vided and what areas should these individuals be allowed to practise. By using a strategic alliance, the accounting firm could develop these standards for consideration. The accounting firms could also examine what markets require legal services and the potential revenues that could be generated. Since these non-lawyers would have different skills and training, how would they integrate into the existing legal sys- tem? Washington State, for example, has a slightly different lawyer governance model under the judiciary. The state suc- cessfully developed other levels of legal service providers such as "limited license legal technicians." This LLIT board governs this group and appears to have integrated well with existing legal service providers. There is a second major reason to relinquish control over legal services. If we examine businesses other than law, we can see how competition becomes one of the main drivers of innovation. A monopoly does not face this same urgent need to innovate to remain competitive. The accounting profession has been quick to seize upon various technological innovations. The law societies could leverage this expertise to facilitate the work of these non-lawyers. What impacts would such a change have on the legal pro- fession? We can see that a substantial portion of the market for legal service is not being served by lawyers. Allowing non- lawyers to service this market segment should have minimal impact on the legal profession itself. Indeed, this could poten- tially increase the need for lawyer services by referrals from the non-lawyer group once it was recognized that professional services were required. The LSBC raised concerns about the impact on the indepen- dence of the legal profession. This independence ensures that lawyers operate separately from the government and act against the government when necessary. They took the position that this independence could be negatively impacted by allowing non- lawyers to regulate. However, this issue should not override the concern that most of the population does not receive any type of legal service. This perspective does not adequately address the overall need for a client-centred approach. One can lose sight of the overall objectives of increas- ing innovation and access to justice by focusing on poten- tial impediments. The CBA Futures paper outlined cli- ent needs and a client-centric approach to drive innovation. This can't be stressed enough. Looking at any other busi- ness, the needs of the client will help to develop strategies to fulfil those needs. Any busi- ness must establish its value proposition. The debate about loosening the monopoly of the governing structure for legal services cannot lose sight of this. Establishing the appropriate strategic alliances could help fulfil these objectives. Gary Goodwin is in-house counsel for a conservation organization in Winnipeg. Since he would like to keep it that way, all expressed opinions are strictly his own. "The accounting profession has been quick to seize upon various technological innovations. The law societies could leverage this expertise to facilitate the work of these non-lawyers." CORPORATE COUNSEL Connect with Find more than 4,100 corporate counsel and over 1,500 organizations along with fresh editorial content, information on deals and links to important resources. Lexpert.ca/ccca ntitled-18 1 2018-08-15 3:16 PM

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