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regional wrap-up Ignorance of the law fuelling unauthorized practice of the law as the cause in most cases involving unauthorized individuals who claim legal ex- pertise. "Normally, we write that person and ask them to undertake to us that they will stop doing this," says Allan Fineblit of the Manitoba Law Society. "Often that person does not realize they are not authorized to practise and they un- dertake to stop." In Western Canada, a letter clears most unauthorized practice of law cases. No formal study has been done to determine the U triggers for UPL cases but practitioners and regu- lators see three "Cs" — convenience, cost, and, in some cases, a challenge to the jurisdictional areas held by law societies. Saskatchewan Law Society CEO Tom Schon- hoffer says UPLs occur more in rural areas. "The paralegal system is less developed in Saskatche- wan than other provinces." So, insurance brokers, notaries, financial advisers, and individuals who prepare taxes frequently offer tag-on services. He says cost plays a role, as these individuals don't pay the overhead, such as law society fees and insurance, that lawyers do. "More often than not, it's an adjunct to some other business," agrees Law Society of B.C. spokesman Brad Daisley. Vancouver's David Chong, of Chen & Leung, has experienced a case where an "accountant" was attempting, with some difficulty, to incor- porate a company on behalf of corporate client. "Anyone can be called an accountant," he says, adding registered or certi- fied accountants adhere to strict standards, but the term ac- countant is commonly used but it may be no more than a bookkeeper. Immigration also impacts UPL cases. Chong says countries such as Hong Kong have different paralegal systems. New ar- rivals may assume those roles in a new country, and other im- migrants seek out and use those services. Immigration lawyer Peter Chapman, also with Chen & Leung, says: "They trust someone from their own community and who can speak their language. They may not be sure how a western lawyer oper- ates." Internet companies offering incorporations irk Vancouver business lawyer Michael J. MacLeod. He ran into a case where the Quebec-based principal offering the fill-in documents did not ensure signatures were verified and company articles were THE WEST nauthorized practice of law cases are a chronic problem for law societies but they also bring a marketplace irony. Law societies, judges, and lawyers point to an ignorance correctly established. The corrections "cost the client more than if he had gone to a lawyer in the first place" says MacLeod. LSBC's UPL committee chairman William Jackson also sees technology as an emerging problem. Negligence prob- lems, as MacLeod experienced, exist, but the real issue that arises on the internet is the offering of advice. In a Google world, "these are companies in different provinces, or offshore, offering advice on every- thing from divorce to setting up a company," he says. "Where we have impact, we try to curtail their activities but in some cases they are im- mune." The gaping hole in the UPL situation is the lack of proactive efforts by government and law societies. There is no web site or source stipulat- ing who can perform specific legal duties. Jackson admits there is some "overlap" with other profes- sions. Since 2006, the LSBC has publicized those individuals or companies practising without au- thority. "It's part of our transparency," says Dais- ley. However, Jackson says it also plays a public "educational" role. The LSBC averages 35 unauthorized practice cases a year. In Manitoba, the annual average is 10, while Saskatchewan aver- ages six. The Law Society of Alberta fields 24 to 36 queries annually with open files ranging from seven to 14 cases. "It is not a significant issue in Alberta because of our legislation," says LSA president Perry Mack. Alberta's Legal Profession Act is more liberal than those of other provinces, providing some opportunity for layman representation, such as the many companies where former police officers provide legal repre- sentation in court on traffic violations. UPL challenges have emerged on several fronts. Two recent, but unsuccessful cases, challenging injunctions to stop prac- tising involved the Law Society of Manitoba v. Pollock and the Law Society of British Columbia v. Bryfogle. The latest challenge comes from the Canadian Competition Bureau now scruti- nizing self-regulatory bodies. Commissioner of Competition Sheridan Scott addressed the Law Firm Leaders' Forum in April and said: "We believe that there is good reason for more open and frequent scrutiny of the self-regulatory professions to ensure that self-interest is not occasionally overwhelming the public interest to be served by the regulation." Unbundling is another issue as more lay persons scrambling to find other legal resources. But, where courts have upheld law societies' jurisdictional www. C ANADIAN Law ye rmag.com JULY 2008 7