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 M A R C H 2 0 1 6 7 L egal services are no longer the exclusive domain of lawyers, and the Nova Scotia Barristers' Society is creating a new model of regula- tion to reflect this reality. "The lawyers' monopoly over legal services doesn't exist and hasn't for some time. It's a myth," says NSBS President Jill Perry. The law society's council has approved in principle a legal services model to regu- lation (formerly called entity regulation) that will include a greater role for non- lawyers. The new approach is founded on two fundamental facts. First, although the society has the legal right to take action against unauthorized individuals who practise law, it rarely does. Second, access to justice is critical. Eighty-five per cent of people with legal needs are not accessing the services of a lawyer. "We're trying to be realistic and carve out room for non-lawyers where that is much needed," says Perry. Three groups of previously unauthor- ized individuals may be given the green light to practise law in some, albeit limited, manner. For individuals working in a legal entity such as a law firm or department of justice, it will not matter who does the work as long as they are under the supervision of a lawyer. A new category of membership for retired lawyers will also be created, enabling them to offer services in a limited area, perhaps small claims court or assistance with CPP disability requests. Finally, the society is taking a close look at the list of individuals currently exempted by legislation — arbitrators, for example — to see if it can be expanded. "We will amend the legislation to specifically state people can make application to offer ser- vices," says Perry. "This will not harm the public," she adds, "but will benefit society." This more inclusive approach to the practice of law appears to be unique in Canada, although entity regulation is moving forward in several provinces. For the NSBS, says Perry, "it's about critically examining the scope of what we do and taking down walls." Council's approval of the legal services model is still very recent and it is not clear how lawyers will react when consultations and information sessions fully ramp up. One thing is clear: The new approach to regulation is not intended to come at the expense of lawyers. "This is not about stealing business from lawyers," says Perry. "It's about serving individuals who wouldn't go to a lawyer." — DONALEE MOULTON donalee@quantumcommunications.ca REGIONAL WRAP-UP AT L A N T I C \ AT L A N T I C \ C E N T R A L \ W E S T NSBS' new model includes regulation of non-lawyers N.S. CROWNS NOT HAPPY WITH WAGE 'ROLLBACK' N ova Scotia's Crown attorneys will essentially take a pay cut over the next four years. The new contract the approximately 91 lawyers signed with the province — negotiated in only two days — does not keep pace with inflation. "In fact, over the four years, it will result in a rollback in real wages of approximately four to six per cent depending on the rates of inflation," says Stephen Drake, a Sydney Crown attorney and former president of the Nova Scotia Crown Attorneys' Association. Drake resigned as president and as an association member before the ratification vote on the contract earlier this year. "I could not cast a vote under the circumstances surrounding these negotiations." Under the new deal, which is now in effect, prosecutors receive no increase in the first two years, a one-per-cent hike on April 1, 2017, a 1.5-per-cent raise on April 1, 2018, and 0.5-per-cent more on March 31, 2019. Premier Stephen McNeil says the four-year agreement is "a fair deal" and points out that it stays within the government's fiscal plan. The Public Service Sustainability Mandate includes modest wage increases that are said to be affordable for taxpayers and that fall within the wage framework the government has outlined in its Public Services Sustainability Act. "If proclaimed, this legislation will ensure all public sector negotiations stay within that wage framework," says Marla MacInnis, spokeswoman for the Public Service Commission in Halifax. The deal inked by the Crowns mirrors to the penny one between the government and 540 medical residents in the Maritimes. Still, Drake would have liked the association to fight harder for better terms. "The agreement was premature," he says. "Historically, the association has always waited for the unions to set the pattern in every previous round of bargaining." In this case, the association signed off on a five-year deal with even lower wages increases, but this pro- posal was scrapped when ongoing union negotiations for other groups resulted in a better deal. Voter turnout for ratification was low, and only 45 per cent of the members actually voted in favour of the new terms, says Drake. The others voted "no" or did not cast their ballot. Still over- all, says MacInnis, "the Crown attorneys voted 82 per cent in favour of the new contract." She also notes that public sector salary increases over the last three years have outpaced inflation. In April 2014, the province's Crown attorneys signed their first collective agreement with the government that called for a 12.5-per-cent salary increase. The six-year deal, ordered by an arbitration panel, was retroactive to 2009 and expired at the end of March 2015. Under the terms of that deal, senior Crown counsel's top wage level rose to $145,000 a year. — DM

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