Law Society looks to grow its sandbox
Seismic shift’ being considered for legal services
Accessing legal help could become easier and more affordable under a pilot project that has been approved in principle by B.C. lawyers’ regulatory body, although some in the profession fear it devalues their work.
The project calls for the creation of a regulatory “sandbox,” through which otherwise qualified people who aren’t lawyers could apply to the Law Society of B.C. to offer legal services in a controlled and closely supervised environment where there is no threat of harm to the public.
While the obvious candidates to play in the sandbox are the approximately 800 paralegals currently working under the supervision of B.C.’s 13,000 lawyers, the society is open to hearing from everyone who has an idea.
“It’s hard to even envision all the possibilities that could be out there,” said Penticton lawyer Michael Welsh, who represents the Okanagan on the Law Society’s board and was a member of the task force that put forward the recommendations, but made clear he was speaking for himself.
“It could be a technology platform that provide answers. The areas where people aren’t getting service aren’t just in family and criminal (matters). They’re in a wide range of areas dealing with things like housing, employment. We’re not putting any parameters around what it might look like.”
The concept of a regulatory sandbox arose in the U.S. financial-technology sector, and has been gaining popularity in other fields where clients face steep fees for professional help, such as legal services.
In August, Utah became the first U.S. state to officially sanction such a project for legal services. Ontario became the first province to licence paralegals in 2007, while Saskatchewan is deep into the process of building its own sandbox for legal services.
Welsh hopes the ground rules for B.C.’s pilot project, which he said represents a “seismic shift” for the profession, will be ready for consultation in 2021, after which the society can begin hearing proposals from people interested in actually getting into the sandbox.
The project is inspired by the society’s overarching goal to make legal services more accessible, efficient
and affordable. The need for such change is borne out by a 2020 Ipsos-Reid survey cited by the task force that found 85% of B.C. residents who encounter serious legal problems either go it alone or seek help from someone other than a lawyer.
“This is not a move to take work away from lawyers. This is a way to address the huge number of people who aren’t accessing lawyers or accessing other legal services,” said Welsh, heading off what has emerged as the main criticism of the concept.
“They’re just turning to their pastor or next-door neighbour or family member for help or dealing with it on their own.”
But retired Penticton lawyer Mike Pearce suggested there are better ways for practising lawyers to assist those who are currently going without legal help.
“One of the biggest problems is the amount of money (lawyers) charge for the work they do,” said Pearce, also a former Penticton mayor, who now lives in White Rock.
“Where I would be charging something like $250 an hour – which would be a lot in Penticton – I’m seeing similar work being done here for $450 or $600 an hour.”
Peace, who practised for 42 years, also sees the sandbox as just the latest threat to the profession’s territory, which has already been eroded by the black market, expanded duties for paralegals and law students, and the increased numbers of notaries public.
Ultimately, he worries about the quality of legal service the public will be getting from non-lawyers and how the Law Society will come up with the resources to properly police the sandbox.
“I have a lot of reservations about it,” said Pearce. “I’d sooner see them tighten up what they’ve already given away.”