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 J U N E 2 0 1 5 7 T he Nova Scotia Barristers' Society is moving to entity regulation. The current focus on individual lawyers will shift to the firms, government departments, and other organizations that they work for. The NSBS would no longer regulate individual lawyers. "We plan to dramatically change how we operate," NSBS executive director Darrel Pink said in a letter to law- yers across the province. The society already has an entity regulation steering committee up and running to co-ordinate the project and has earmarked $90,000 for the initiative in the next fiscal year, some of which will be used to hire a project manager. There is currently no set timeline for the introduction of a new regulatory regime. The status quo is no longer accept- able or effective, says Pink. Techno- logical advances, changing demographics, increased mobility, and the arrival of the global marketplace have combined to cre- ate a new legal landscape, he notes. "These all give rise to need to do things differently." Those differences between regulating individual and organizations are funda- mental. Under entity regulation as envi- sioned by the NSBS, there will be fewer rules and requirements governing private firms, government departments (such as the Workers' Compensation Board), the Department of Justice, or corporate legal deparments (the exact categories have yet to be decided). In their stead are 10 princi- ples to which entities will be held account- able. These include developing competent practices to avoid negligence; charging appropriate fees and dis- bursements; and sustaining effective relationships with clients and others. The principled approach will give legal entities greater freedom and flexibility in determining how they meet NSBS' requirements such as mandatory continuing pro- fessional development. The flexibility will be good for lawyers, their organizations, and their business, says NSBS president Tilly Pillay. "We are freeing up lawyers to provide more services to cli- ents by reducing the burden of red tape." The positive impacts of entity regula- tion have been demonstrated in jurisdic- tions like Australia where some states have had this system in place for more than a decade. Here complaints from the public have dropped by two-thirds as have insur- ance claims. On the increase: job satisfac- tion among lawyers and staff. Pillay believes entity regulation will also enhance access to justice, the law society's second strategic priority. In addition to requiring fewer hours for regulatory com- pliance and related paperwork, it is hoped entity regulation will spark innovation. At present, the NSBS is working with the CBA-Nova Scotia branch to discuss where the CBA's Futures report and the provincial law society's work are aligned. This is one of many discussions under way. Law societies across the country are watching what is happening in Nova Scotia, recognized as a leader in the move to entity regulation. The watchfulness isn't restricted to our national borders. The factors driving the need for entity regulation are global, says Pink. "There is a level of co-operation and collaboration that is unprecedented." The interest in and support for the work the NSBS is doing is reflected in the make- up of the entity regulation steering commit- tee. Sitting around the table with local law- yers are Andrew Garbutt, director for risk with the Solicitors' Regulation Authority for England and Wales, and Don Thompson, executive director of the Alberta law soci- ety. To date, the committee has approved terms of reference and established three working groups focused on risk, legislation, and communications. In a recent council meeting, members were informed change could be largely achieved within the society's current legis- lation by fine tuning the regulatory frame- work and focus. If full implementation is approved, however, changes to the Legal Profession Act are anticipated. The bar council also passed a motion that described at a high level what regula- tions would require of each legal entity. Among the five requirements are the need to designate an individual who is respon- sible for compliance; to establish and main- tain a management system that promotes competent and ethical legal practice; and to undertake self-assessment and report to the NSBS on its management system. Six regulatory objectives have also been set for the society. They include regulating in a manner that is proactive, principled and proportionate, and promoting diversi- ty, inclusion, substantive equality and free- dom from discrimination in the delivery of legal services and the justice system. "You will see that we are at the early stages of our work," Pillay said in her first report to lawyers as chairwoman of the steering committee, "but we have a clear path forward and are very excited by what the future may bring." — DONALEE MOULTON donalee@quantumcommunications.ca \ AT L A N T I C \ C E N T R A L \ P R A I R I E S \ W E S T REGIONAL WRAP-UP AT L A N T I C Entity regulation en route to reality in Nova Scotia Darrel Pink

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